REQUEST FOR PROPOSALS (RFP)NO

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1 LOS ANGELES COMMUNITY COLLEGE DISTRICT CITY EAST HARBOR MISSION PIERCE SOUTHWEST TRADE-TECHNICAL VALLEY WEST ADMINISTRATIVE OFFICES: 770 WILSHIRE BOULEVARD, LOS ANGELES, CALIFORNIA / Dr. Francisco Rodriguez, Chancellor REQUEST FOR PROPOSALS (RFP)NO STUDENT FINANCIAL AID DISBURSEMENT PROGRAM AND AUTOMATED TELLER MACHINE SERVICES RFP Schedule RFP Issued: Wednesday, June 17, 2015 Written Questions: 2:00 pm PST Thursday, June 29, 2015 Proposals Due: 2:00 pm PST Monday, July 20, 2015 CONTRACTS UNIT 770 Wilshire Boulevard, 6th Floor Los Angeles, CA (213)

2 TABLE OF CONTENTS TABLE OF CONTENTS... 2 DEFINITIONS... 4 (THIS PAGE IS INTENTIONALLY LEFT BLANK)II. GENERAL INVITATION Purpose of RFP Internet Access to this RFP Background... 7 III. SCOPE OF SERVICES Description of Services Term of Contract... 8 IV. RFP SCHEDULE AND PROPOSAL SUBMITTAL RFP Schedule Written Questions or Requests for Clarification Deadline and Procedures for Proposal Submittal... 9 V. PROPOSER REPRESENTATIONS VI. GENERAL INFORMATION AND GUIDELINES DISTRICT CONTACT PERSON UNAUTHORIZED COMMUNICATIONS INTERESTED PARTIES ORAL COMMUNICATIONS RFP ADDENDA/CLARIFICATIONS PROPOSER CLARIFICATIONS FALSE INFORMATION DISTRICT CONFIRMATION SUBCONTRACTORS NO JOINT OFFERS ACCEPTED DISTRICT DETERMINATIONS STANDARD AGREEMENT EXCEPTIONS / DEVIATIONS RESPONSIVENESS INABILITY TO PERFORM AUTHORIZATION TO DO BUSINESS/ LICENSING NO DISTRICT COMMITMENT PRE-CONTRACTUAL EXPENSES WITHDRAWAL: PROPOSAL IRREVOCABLE FOR 120 DAYS EXEMPTION FROM DISCLOSURE IMMATERIAL DEFECTS IN PROPOSAL NEWS RELEASES USE OF DISTRICT EMPLOYEES NAMES CONTRACTOR EVALUATION PROTESTS OTHER DISTRICT RIGHTS VII. PROPOSAL FORMAT AND CONTENT General Required Components of the Proposal

3 Letter of Transmittal a. Transmittal Letter VIII. PROPOSAL EVALUATION AND CONTRACT AWARD GENERAL EVALUATION PROCEDURES EVALUATION CRITERIA CONTRACT AWARD IX. SCHEDULE OF EXHIBITS Exhibit A: Non-collusion Affidavit Exhibit B: Certificate of Non-Discrimination Exhibit C: Completed Confidentiality Agreement Exhibit D: Acknowledgement of all addenda issued by the District Exhibit E: Exceptions and Deviations to the Standard Form Agreement Exhibit F: Professional Services Agreement Exhibit G: Schedule of Services and Specifications Exhibit H: Schedule of Payment Exhibit I: Deleted Exhibit J: Scope of Services J.1 Support Proof or Capability J.2 Program and Service Requirements J.3 Account Holder Services J.4 Proposed Data File Transfer and Data Security J.5 Automated Teller Machine (ATM) Services

4 DEFINITIONS For the purpose of this RFP the following definitions will apply: ACH shall mean Automatic Clearing House. ATM shall mean Automated Teller Machine. DDA shall mean a FDIC insured demand deposit account. "District" shall mean the Los Angeles Community College District. ESC shall mean Educational Services Center Program shall mean the fully implemented and completed financial aid disbursement Refund and Disbursement used interchangeably. SIS shall mean Student Information System SSH shall mean Secure Shell Technology. Successful Vendor" shall mean the company awarded this contract. "Vendor and Proposer used interchangeably shall mean any company who submits a response to the RFP to fulfill the conditions and terms of this RFP 4

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6 II. GENERAL INVITATION 2.1 Purpose of RFP It is the goal of the DISTRICT to continue to improve its delivery of financial aid to students at the nine (9) colleges through highly innovative enhancements that reduce administrative costs, streamline business processes, increase customer service for students, bring new technology to the campus and eliminate costs and handling associated with the disbursement of all student account refunds. In order to achieve this goal the District is seeking to award a professional services contract to a single qualified lead firm with a minimum of five (5) years of financial aid disbursement experience in higher education, to either be the financial firm or banking institution or partner with a qualified financial firm or banking institution either federally insured through the FDIC or NCUA who will provide the necessary expertise, advice, coordination, support and assistance in meeting the following program objectives: Continue to enhance the financial and management effectiveness of the DISTRICT in disbursing financial aid to its students; Continue to increase student services and customer service levels without significant costs to the DISTRICT; Continue to increase cost savings and/or cost avoidance in all aspects of student financial aid account disbursements/refunds; Continue to expand student financial services to include offering a banking option that is tied to major signature based debit purchase to all students, POS and ATM networks; Implement ATMs at each campus (on a non-exclusive basis) to service students at a no transaction fee cost; Comply with US banking laws and all student financial aid disbursement rules, regulations, and laws; Ability to process different categories of refunds, weekly, with the implementation of PeopleSoft SIS ( Fin Aid Refunds, Credit Card refunds and Sponsor refunds); Ability to facilitate the data interface activities with People Soft SIS Ability to prepare monthly report for reversals, timeout disbursements and stale checks with a format that can directly uploaded to PeopleSoft SIS; Provide a method to disburse funds to California Dream Act students; Ability to interface with SAP financials 2.2 Internet Access to this RFP All materials related to the RFP will be available on the internet at: Proposals.aspx A Respondent who chooses to download a RFP solicitation will be responsible for checking 6

7 the aforementioned web site for clarifications and/or addenda. Failure to obtain clarifications and/or addenda from the web site shall not relieve Respondent from being bound by any additional terms and conditions in the clarifications and/or addenda, or from considering additional information contained therein in preparing your Proposal. Note: there may be multiple clarifications and/or addenda. Any harm to the Respondent resulting from such failure shall not be valid grounds for a protest against award(s) made under the solicitation. All Respondents are responsible for obtaining all RFP materials. 2.3 Background The Los Angeles Community College District (LACCD) is the largest community college district in the nation, educating more than 200,000 students each year. The LACCD is comprised of nine (9) colleges located throughout the Los Angeles County area with a central Educational Services Center (ESC) situated in downtown Los Angeles. The LACCD colleges include the following: Los Angeles City College East Los Angeles College Los Angeles Harbor College Los Angeles Mission College Los Angeles Pierce College Los Angeles Southwest College Los Angeles Trade Technical College Los Angeles Valley College West Los Angeles College In the Fiscal Year, the LACCD disbursed more than $250,000,000 in financial aid monies to over 50,000 students at its nine (9) college campuses. More than 100,000 transactions were made to deliver student financial aid awards in that year. Additional data and demographics of student population are available on the LACCD website at: Currently, financial aid is handled individually by the nine (9) college financial aid offices located at each campus. Generally, disbursements of student financial aid are done weekly. The campus financial aid offices process and make the final award to students on a legacy system database. The District is in the process of converting its legacy Student Information System to PeopleSoft, with target implementation in Fall The ESC creates a (weekly) disbursement simulation run in order for the campus financial aid offices to make changes, cancellations, and adjustments prior to the final disbursement. This run provides a preliminary report for the District Accounting Branch to determine estimated funding. Federal Work Study is disbursed through the District s payroll system which is separate from the student financial aid system. The District s financial system (payroll and accounting) is 7

8 maintained through an ERP (SAP) system. The transactions are interfaced from legacy SIS to SAP. III. SCOPE OF SERVICES 3.1 Description of Services The Scope of Services that the District seeks to acquire is described in Exhibit J of this RFP. The Respondent is expected to expand on this scope in the submitted Proposal, incorporating their expertise and proposed method or approach. 3.2 Term of Contract Any contract awarded pursuant to this RFP solicitation shall be for a contract period of five (5) years unless terminated earlier in accordance with the provisions specified in District s Standard Agreement. IV. RFP SCHEDULE AND PROPOSAL SUBMITTAL 4.1 RFP Schedule EVENT DAY DATE A. RFP Issued Wednesday June 17, 2015 B. Last day to receive written inquiries regarding proposal Monday June 29, 2015 C. Responses to written inquiries by issued, Wednesday July 8, 2015 if required D. Proposal due date Monday July 20, 2015 E. Notice of Award Monday June 26, 2015 F. Board Date for Approval August 2015 The District reserves the right, at any time to make adjustments in the form of additions, modifications or deletions to the RFP schedule. Such adjustments, if any shall be made by RFP Addendum. References in the RFP Documents to the RFP Schedule or to date in the RFP Schedule shall mean the RFP Schedule as so adjusted. 8

9 9 4.2 Written Questions or Requests for Clarification Proposers are asked to defer all questions regarding this RFP for the pre-proposal conference. Where questions are known in advance, Proposers are encouraged to submit these in writing at least two (2) days prior to the conference. Written questions after the conference are to be submitted in accordance with the instructions given below for post-conference questions. Questions or comments regarding this RFP (except to inquire about the number of addenda issued) must be put in writing and received by the District no later than 2:00 p.m. PST on Thursday, June 29, Written questions are to be ed to with the subject line, RFP 15-06: Student Financial and Disbursement Program and Automated Teller Machine Services. The District shall not be obligated to answer any questions received after the above-specified deadline or any questions submitted in a manner other than as instructed above. 4.3 Deadline and Procedures for Proposal Submittal The proposer shall submit to the District one (1) printed original and ten (10) copies of its proposal, together with one (1) copy of a CD or USB drive containing an electronic version of the proposal in Microsoft Word format, addressing each of the items in this RFP and must be received by the DISTRICT no later than 2:00 p.m., PST on Monday, July 20, Proposals are to be enclosed in a sealed package displaying the proposer s name and the words. Proposal Responding to RFP No ; Student Financial and Disbursement Program and Automated Teller Machine Services. Mail or deliver proposals to: Los Angeles Community College District Attention: Dorothea Mc Farline, Contracts Analyst 770 Wilshire Blvd., 6 th Floor Los Angeles, CA Proposals must be received by 2:00 p.m., PST on Monday, July 20, Any proposals received after the time and date above may, at the District s sole discretion, be returned unopened or set aside without consideration. Delivery of the proposal by the specified deadline is the sole responsibility of the Proposer to ensure that its proposal is delivered on time. If hand delivered, ample time should be scheduled for delays caused by downtown Los Angeles area traffic and parking. District does not provide parking accommodations to proposers submitting proposals. The District shall not be responsible for, nor accept as a valid excuse for late proposal receipt, any delay in mail service or other method of delivery used by the Proposer except where it can be established that the District was the sole cause of the late receipt. Proposals submitted via fax, telephone or will not be accepted.

10 The District intends that all proposals, regardless of method of submittal, remain unopened until after the deadline has passed for receipt. However, the District shall not be liable for damages alleged to arise from, nor accept as the basis for protest of a contract, the circumstances where the District inadvertently opens a proposal prior to the deadline. V. PROPOSER REPRESENTATIONS Each Proposer submitting a Proposal in response to this RFP is deemed to have made the following representations: Proposer represents that its Proposals fully comply with the requirements of the RFP Documents. Proposer represents that each person who signed a document that is included in the Proposer s Proposals was at the time of signing, and for the duration of Proposer s participation in the RFP process provided for in these Instructions shall remain, authorized to sign on behalf of and to bind the Proposer. If the Proposer is a corporation, limited liability company, or limited partnership, Proposer represents that it is, and for the duration of Proposer s participation in the RFP process provided for by these Instructions shall remain, registered with the Office of the Secretary of State for the State of California and authorized under Applicable Laws to business in the State of California with a legal status determined by said Office of the Secretary of State of active and in good standing. Proposer represents that it has carefully reviewed the proposed Agreement and that the terms and conditions thereof are satisfactory to Proposer and represent in the opinion of the Proposer a fair and reasonable allocation and sharing of risks and responsibilities. Proposer represents that it has carefully reviewed all of the exhibits attached hereto and taken all matters disclosed thereby into consideration in preparing and submitting its Proposals. Proposer represents that it is, and at all times during the performance under the Agreement shall be, in full compliance with the provisions of the Immigration Reform and Control Act of 1986 ("IRCA"), as well as any similar provisions of Applicable Laws setting forth proscriptions or penalties relating to the employment or hiring of undocumented aliens. Proposer represents that, at the time of submission of its Proposals, Proposer and each of its Sub-consultants and/or subcontractors possesses any licenses that may be required to hold under the terms of the RFP Documents, as well as any other licenses (if any) that it is required by Applicable Laws to hold in order to perform 10

11 those services that it anticipates it will be required to perform under the terms of the Agreement. Proposer, being familiar with California Government Code 1090 et. seq. and et seq., represents that it does not know of any facts occurring in connection with the Proposer s preparation for, or participation in, the herein described RFP process that constitute a violation thereof and has disclosed in a separate letter attached to their proposal of any possible interests, direct or indirect, which Proposer believes any official, officer, agent, or employee of the District or any of its Colleges, or any department thereof, has that might cause such official, officer, agent, or employee to be financially interested" (as that term is defined the aforecited statutes) in any decision made by District in connection with the procurement that is the subject of this Request for Proposal. In accordance with Public Contract Code section 2204 (a), the Proposer certifies and represents that at the time its Proposal(s) are submitted, the Proposer is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section , or as a person described in subdivision (b) of Public Contract Code section , as applicable. Proposers are cautioned that making a false certification and representation may subject the Proposer to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section Proposer agrees that submission of its Proposal(s) shall constitute Proposer s certification and representation as aforesaid. VI. GENERAL INFORMATION AND GUIDELINES 6.1 DISTRICT CONTACT PERSON Dorothea Mc Farline Contracts Analyst Los Angeles Community College District Contracts Unit, 6 th Floor 770 Wilshire Boulevard Los Angeles, CA TEL: McFarlD@ .laccd.edu UNAUTHORIZED COMMUNICATIONS Proposers shall not, prior to Award, contact or communicate, either verbally or in writing, with any of the following persons (other than the person named above) for the purpose of discussing

12 the requirements of the RFP Documents or the RFP process: (1) any trustee, officer, employee, or representative of the District; or (2) any consultant, or employee of a consultant, providing the District with assistance, advice, or professional services relating to the matters covered by the RFP Documents or who is involved in any aspect of the RFP evaluation or scoring processes. Unauthorized communication by a Proposer in violation of the foregoing may result in disqualification. 6.3 INTERESTED PARTIES Firms who are advisors to the District in respect to the RFP process are not allowed to submit, or participate in submission of, Proposals. A Proposer shall not participate in, or be interested in, more than one Proposal. For purposes of this paragraph, interested in means having a managerial or financial interest in another Proposer or a Subcontractor to another Proposer. Notwithstanding the foregoing, a Subcontractor may be proposed as a subcontractor to more than one Proposer. 6.4 ORAL COMMUNICATIONS Any oral communications by the District s Contact Person(s) or designee concerning this RFP is not binding and shall in no way modify the RFP or the obligations of the District, the Proposer or Contractor. Any necessary modifications shall be made by written addenda issued by DISTRICT. 6.5 RFP ADDENDA/CLARIFICATIONS If it becomes necessary for DISTRICT to revise any part of this RFP, or to provide clarification or additional information after the proposal documents are released, written addenda will be posted at Services/Pages/default.aspx. It shall be the responsibility of the proposer to check the website for addenda issued. All addenda issued shall become part of the RFP. Proposer s acknowledgement of the addenda must be declared in the proposal- See Exhibit D. 6.6 PROPOSER CLARIFICATIONS Without limitation to the District s rights relating to the conduct and content of Negotiations, the District reserves the right, but assumes no obligation to, at any point in the RFP process to contact a Proposer directly, without notice to other Proposers, for purpose of obtaining clarifications of, or to address minor irregularities, informalities, or apparent clerical mistakes in, a Proposal ( Proposer Clarifications ). Where the District determines that there is a need and justification for seeking Proposer Clarifications, the District may request Proposer Clarifications from some Proposers and not other Proposers. If Proposer Clarifications are sought from all Proposers, the questions asked may be different for each Proposer. 12

13 6.7 FALSE INFORMATION In addition to and without limitation upon any other requirements of the RFP Documents, the District reserves the right, but assumes no obligation, to disqualify any Proposer and reject any Proposal should District determine that any information submitted by the Proposer is false, incorrect, or materially incomplete. 6.8 DISTRICT CONFIRMATION The District reserves the right, but assumes no obligation, to confirm through any means available to the District the truth, accuracy, or completeness of any information contained within the resumes or other information submitted by a Proposer or communicated by a Proposer or a Subcontractor during face-to-face communications with the District or its representatives or consultants administering the RFP process. 6.9 SUBCONTRACTORS Proposers are permitted to provide for a portion of the Basic Services to be performed by one or more consultants or contractors retained by the Proposer (collectively, subcontractor ) provided that each subcontractor proposed to be used is identified in the Proposal by name, contact person, telephone number, fax number, address, and a description of the portion of Basic Services to be performed by the subcontractor NO JOINT OFFERS ACCEPTED Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime/subcontractor basis rather than as a joint venture or informal team. For this engagement, DISTRICT intends to contract with an individual firm and not with multiple firms doing business as a joint venture. Accordingly, where two or more firms desire to join in preparing and submitting Proposals, they should do so on a prime-subcontractor basis, rather than as a joint venture or informal team. The firm acting as the prime, if it receives the Award, will enter into the Agreement with the District. An example of such an arrangement in this RFP would be in regards to armored car services. Proposers which do not offer this service in-house would subcontract that work to an armored car service provider DISTRICT DETERMINATIONS The District shall have the right to make all determinations and interpretations relating to the RFP Documents or the RFP process, including, without limitation, any Proposer s compliance 13

14 with the RFP Documents or its qualifications to participate in the RFP process, and all such determinations shall be final and binding STANDARD AGREEMENT The Proposer(s) selected for contract award through this RFP shall be required to enter into a written agreement with the District. The Standard Agreement for professional services presented in Exhibit B of this RFP is the contract proposed for execution. It may be modified to incorporate other pertinent terms and conditions set forth in this RFP, including those added by addendum, and to reflect the Proposer's offer or the outcome of contract negotiations, if any. Exceptions and requested changes to the terms and conditions of the Standard Agreement, or the Proposer's inability or unwillingness to comply with any of the provisions of the Standard Agreement, must be declared in the proposal and will be considered as part of the proposal evaluation process. Proposers may include special terms and conditions for these services as appropriate; however, they must comply with Section V.M: Exceptions/Deviations below for consideration. It is the District s sole right and privilege to disregard any suggested language provided by proposers included in their response. By responding to this RFP, proposers warrant that they have taken any and all costs and/or risk and liability associated with the Standard Form Agreement into account in their price proposals EXCEPTIONS / DEVIATIONS Any exceptions to, deviations from, or inability to comply with the requirements set forth in this RFP, or the terms and conditions contained in the Professional Services Agreement, must be declared in writing in Exhibit E (within the proposal; failure to do so will prevent proposer from asserting its inability to comply with the terms or conditions later on. Such exceptions or deviations must be segregated as a separate element of the proposal under Exhibit E - "Exceptions and Deviations to the Professional Services Agreement." The District will make a good faith effort to consider contractual issues identified by proposers and DISTRICT requires all proposers to similarly make a good faith effort to comply with the District s sample agreement terms and conditions. Proposals that mandate the use of vendor standard services contract, rather than utilizing the District s standard services contract will result in that vendor s proposal being judged non-responsive and these proposals will be rejected. Proposals that reject the following integral provisions of the District's contract terms and conditions will be treated as a rejection of the District's contract and these proposals will be rejected. Section 2 Warranties Section 12 Waiver of Damages/Indemnity Section 16 Governing Law Section 17 Non-Discrimination Section 20 Board Authorization 14

15 The proposer's attention is directed particularly to Section 14 in the Professional Services Agreement, which specifies the minimum insurance requirements that must be met by the successful proposer(s). The proposer's inability or unwillingness to meet these requirements as a condition of award must be stated as an exception in the proposal RESPONSIVENESS A Proposer who submits a Proposal that does not conform to, or who does not conduct itself in accordance with, the requirements of the RFP Documents may be found to be non-responsive. The District shall have the right, but not the obligation, to take all or any combination of the following actions in response to a Proposer who is found to be non-responsive: (1) either before, during, or after scoring Proposals, disqualify such Proposer from further participation in the RFP process; (2) deny an Award to such Proposer; or (3) instruct the evaluators that they may or shall take into consideration such non-responsiveness in their scoring. The District s rights as described above are discretionary and as such may be exercised, not exercised, or exercised in any manner, as the District determines appropriate in its sole and absolute discretion. If identical violations of the RFP Documents occur by more than one Proposer then the District shall endeavor to enforce the requirements of the RFP Documents in a manner that affords, as much as possible, equal or comparable treatment to all such violating Proposers; provided, however, that where identical violations are scored by the evaluators it is recognized that there may be variations in scoring among different evaluators and such variations shall not be considered unequal treatment. Consistent with the discretionary nature of the District s rights relative to the question of the non-responsiveness of a Proposer, wherever in the RFP Documents a term or condition of the RFP Documents is described using words or phrases such as required, mandatory, shall, no less (or more) than, at least, at a minimum, or words or phrases having a similar meaning, such words or phrases shall be interpreted as being intended to draw the Proposers attention to certain terms or conditions of the RFP Documents that if not met may result in disqualification or a negative scoring and shall not be interpreted as obligating the District to disqualify a Proposer or negatively score a Proposal that does not conform to the stated term or condition or as limiting the District s right to determine a Proposer non-responsive to a finding of noncompliance with those terms and conditions or as precluding the District from finding a Proposer nonresponsive based on its noncompliance with another term or condition of the RFP Documents wherein such words or phrases are not used INABILITY TO PERFORM Any Proposer who, at any point in time during the RFP process, is determined by the District, in the exercise of its sole discretion, to be unable to perform the Agreement may be declared disqualified by the District and if disqualified will not be allowed to participate further in the RFP process AUTHORIZATION TO DO BUSINESS/ LICENSING The Proposer must be authorized to do business in the State of California and, if applicable, in the local jurisdiction in which it is located or where the work will be performed. If a Proposer is a sole proprietorship or partnership, the Proposer should furnish with its proposal a copy of a

16 current business license issued in California. If the Proposer is a corporation, it must be approved by the California Secretary of State to do business in California and should furnish with its proposal the corporate number issued by the Secretary of State. Each Proposer is required to possess at the time of submitting its Proposal, and at all times during the RFP process (and, in the case of the Proposer that receives award, at the time of award, upon execution of the Agreement, and at all times during performance of the Agreement) any licenses required by Applicable Law for the performance of the Agreement NO DISTRICT COMMITMENT Without limitation to any of the District s other rights under the RFP Documents, Applicable Laws, or the terms of the Agreement, the District reserves the right, exercised at any time and in its sole and absolute discretion, to do any of the following: (1) reject any Proposal that fails to comply with and of the requirements of the RFP Documents; (2) reject all Proposals; (3) make a determination that Proposer is disqualified from participating in the RFP process due to its being found not responsible or unable to perform the services contemplated by the RFP; (3) cancel all or a part of the RFP, with or without offering any Proposer the opportunity to participate in any future RFP process for the same or similar services; or (4) make Award to any Proposer or to no Proposer. Exercise by District of its rights under this paragraph shall not, under any circumstances, give rise to any liability or obligation on the part of District nor shall it constitute grounds for any claim by a Proposer for recovery from District of any loss, damage, cost, or expense. Nothing stated in this RFP and no action taken in response to this RFP, save and except for mutual execution of the Agreement that is approved by the Board of Trustees, shall constitute, or be interpreted as, creating any legal obligation on the part of the District to any Proposer PRE-CONTRACTUAL EXPENSES The District shall not be liable for pre-contractual expenses incurred by the Proposer in the preparation of its proposal and Proposers shall not include any such expenses in their offers. Pre-contractual expenses are defined as expenses incurred by the Proposer to: (1) prepare and submit its offer to the District; (2) negotiate with the District on any matters related to this RFP; and (3) any other expenses incurred by the Proposer prior to the date of award, if any. Issuance of this RFP and receipt of proposals does not commit the District to award a contract. The District reserves the right to postpone the award for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer simultaneously, or to cancel all or part of this RFP WITHDRAWAL: PROPOSAL IRREVOCABLE FOR 120 DAYS A Proposer may withdraw its proposal at any time prior to the submittal deadline by sending the District a request in writing from the same person who signed the submitted proposal. As of the deadline for submittal, any proposal received by the District and not withdrawn becomes an irrevocable offer available for acceptance by the District immediately and for one hundred and twenty (120) days thereafter. The Proposer is responsible for the accuracy of the proposal

17 submitted, and no allowance will be made for errors or price increases that the Proposer later alleges are retroactively applicable EXEMPTION FROM DISCLOSURE Proposals will remain confidential in their entirety until the evaluation and analysis process is complete and a recommendation of an award has been submitted to the Los Angeles Community College District, except for information declared at the proposal opening date. All proposals submitted will become the property of the Los Angeles Community College District. The preparer must identify, in writing, all copyrighted material, trade secrets, or other proprietary information as Proprietary and Confidential Information that the preparer claims are exempt from disclosure under the Public Records Act (California Government Code Section 6250 et seq.). Any firm claiming such an exemption must also state in the proposal that the proposer agrees to indemnify and hold harmless the Los Angeles Community College District, its Board of Trustees, and its officers, employees and agents, from any claims, liability, or damages against, and to defend any action brought against above said entities for their refusal to disclose such material, trade secrets, or other proprietary information by any party." Failure of a proposal to include such a statement will be deemed a waiver of any exemption from disclosure under the Public Records Act. A blanket statement that all contents of the proposal are confidential or proprietary will not be honored by the District IMMATERIAL DEFECTS IN PROPOSAL The District may waive any immaterial deviation or defect in a proposal. The District s waiver shall in no way modify the RFP documents or excuse the Proposer from full compliance with the RFP if awarded the contract NEWS RELEASES News releases pertaining to any award resulting from this RFP may not be issued without the prior written approval of the District USE OF DISTRICT EMPLOYEES NAMES The successful Proposer must agree not to use the names or addresses of District employees for any purpose not directly related to this RFP CONTRACTOR EVALUATION At the conclusion of the contract, the District may evaluate the contractor s performance. The results of this evaluation may be considered by the District in evaluating future proposals from the contractor and may be shared with other parties considering engaging the contractor. 17

18 6.25 PROTESTS Any proposer that has provided a sealed bid or proposal to the DISTRICT may protest the solicitation or award of a contract for violations of District s procurement policies or of laws and regulations governing District s procurement activities, provided the proposer has complied with PP-04-09, Bid Protest and Appeals. The Annual Adjustment Bid threshold for 2015 is $86,000. In order to be considered, all protests must be in writing and filed with and received by DISTRICT not more than five (5) business days following the date of issuance of the District s Notice of Intent to Award with the contact below. The protest letter must state the basis for the protest and the remedy sought. Protests received by DISTRICT after this date will be returned to the sender. Acting Manager, Contracts and Purchasing Unit Los Angeles Community College District 770 Wilshire Blvd, 6th Floor Los Angeles, CA Failure to timely file the proposal protest shall constitute grounds for the District to deny the proposal protest without further consideration of the grounds stated therein OTHER DISTRICT RIGHTS The rights, powers, and discretion expressly conferred upon the District under the RFP Documents are not intended to be exclusive but are cumulative and in addition to, and not a substitute for, every other right, power, or discretion existing or available to the District under the RFP Documents or Applicable Laws. VII. PROPOSAL FORMAT AND CONTENT 7.1 General Each firm submitting a proposal must follow the instructions contained in this RFP in preparing and submitting its proposal. The proposing firm is advised to thoroughly read and follow all instructions. A proposal must contain all of the information in the order and format indicated below. All terms and conditions set forth in this RFP will be deemed to be incorporated by reference in their entirety into any response submitted by your firm. 18

19 All proposals received and any information contained therein, are subject to disclosure in accordance with the California Education Code. Interested firms must respond to all of the questions listed below. 7.2 Required Components of the Proposal Required Format of Proposals In order to adequately compare and evaluate proposals objectively, all proposals must be submitted in accordance with the format below. In your proposal please respond to each question by repeating the question at the top of the section and referring to the question by the numbers used in this RFP. Proposals are to be submitted in 8 1/2 x 11 size, typed in a font size no less than 12 and if submitted in paper form, bound with a simple method of fastening. Lengthy narrative is discouraged; presentations should be brief and concise and not include extraneous or unnecessarily elaborate promotional material. Sections should be separated by labeled tabs and organized in accordance with subject matter sequence as set forth below. Each page of the Proposal must be numbered in a manner so as to be uniquely identified. Proposals must be clear, concise and well organized. Supplemental technical information, product literature, and other supporting materials that further explain or demonstrate Vendor's capabilities may also be included as addenda to a submitted proposal. Proposers should use the following outline in organizing the contents of their proposals. 19 Letter of Transmittal B.1 Support Proof of Capability B.2 Program and Service Requirements B.3 Account Holder Services B.4 Anticipated Project Time Table B.5 Program Costs and or Cost Savings B.6 Data File Transfer and Data Services Sections should be separated by labeled tabs Required Content of Proposals a. Transmittal Letter Submit a brief letter of introduction on Vendor s letterhead expressing your interest in providing professional services and your qualifications. Also include the Vendor s principal contacts in connection with this RFP, to include their telephone, fax numbers and address. Identify

20 and provide the signature of a person authorized to bind the offering firm to the terms of the proposal. Vendors must provide written responses and/or evidence supporting the following request for qualifications and experience in a clear, concise and comprehensive manner: 1. Name and address of operating firm, names of owners or principals of firm. Also include a completed W-9, Request for Taxpayer Identification Number and Certification. 2. Provide resumes describing the education and work experience for each of the key staff that would be assigned to this project. Project manager shall have a minimum of five (5) years experience in managing and providing services identified in the RFP. Any additional key staff members shall have a minimum of three (3) years of experience in their field of expertise. 3. Include a minimum of three (3) clients that the DISTRICT may contact for reference purposes. Provide the client entity name, primary contact name and title, phone number, and mailing address. Include references from any higher education institutions where the company provides similar service. 4. Provide a detailed description of a reference institution where your service is used that effectively addresses the requirements of this Mandatory requirement. You must provide both client reference contact information and the data identified below of the referenced institution: a) Student FTE count b) Student Headcount c) # of campuses using the service d) A description how the service was implemented e) The starting and ending dates (month/year) for the service agreement 5. Vendor shall provide in a separate sealed envelope a copy of the firm s recent audited financial statements. Vendor shall mark clearly on the envelope Financial Information 6. List and describe any claims or lawsuits that have been made against Vfor non-performance or inadequate performance as a provider of a banking relationship program. 7. Describe the system s compliance with applicable statutes; its ability to meet the requirements of all applicable federal regulations, including the Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act (HIPPA), the Gramm-Leach-Bliley Act (GLBA), Payment Card Industry Data Security Standard (PCI DSS), and all applicable California statutes. 20

21 b. Program and Service Requirements 1. Please describe in your brief written response whether the firm can meet the identified requirements and if so, how it intends to meet them. c. Account Holder Services Describe in detail the services that will be available via the website to support the program. 1. Describe in detail all customer service functions that will be available to the DISTRICT to support the proposed banking relationship. 2. List the proposed cardholder terms and conditions for the use of the card and related account(s). Be sure to include issuance fees, card limits, use charges, maintenance fees, and any minimum balances. Vendor must comply with student financial aid regulations whereby student financial aid funds are available to the student without charge. 3. Please describe the acceptance of the DDA Refund Disbursement Card. 4. Describe in detail the proposed re-carding of the campus (students and employees). Provide a timetable. Provide a sample card design. 5. Provide at least three references (Institution, Contact Name & Position, telephone, , brief summary of affiliation) where your institution has offered campus refund card banking relationships and student account refund disbursement services. 6. Describe in detail the replacement process (and cost if any) for the lost/stolen/damaged cards. Please include screen shots on vendor reports. 7. Outline clearly the responsibilities and liabilities of the following parties related to the deactivation of lost or stolen cards and the activation of a replacement: (provide a time table). The cardholder The Vendor The DISTRICT Describe the mechanisms that are in place to maintain the integrity of the information stored on the smart card and enable secured transactions, as well as protect the system and information within the system from unauthorized use. 8. Please describe precisely how other individuals (i.e. parents of students, spouses, significant others) will be able to easily and securely send money to respective students at no charge. Include screen shots or a demonstration. 9. Describe in detail the proposed marketing plan and strategy to the DISTRICT students, including providing financial wellness and consumer responsibility 21

22 education. Option for DISTRICT to customize language of notification from Vendor to cater/specify to DISTRICT s needs. 10. Provide sample-marketing pieces. Describe the nature of the support team that will assist the DISTRICT in implementing the program and assist with ongoing marketing efforts. 11. Please describe your procedures for handling exceptions with respect to refund payment delivery, including error resolution, lost/stolen checks, incorrect or missing payments, bad address or account information, etc. and responsibilities exactly. (Include a time table). 12. Please describe extra incentives for DDA users such as discounts, rewards, and online features, special deals that the Vendor will maintain and provide on the program website. How will local vendors be registered and managed throughout this program? 13. How does your company currently provide the ability of accountholders to be able to request and send money online and instantly to other accountholders. Are there charges for this service? How quick can the transfer be completed? 14. Please explain how your company provides accountholders to be able to enroll in direct deposit online and include screen shots as an example. 15. The DISTRICT requires the Vendor be able to provide the Instant Check Service for all nine Colleges. The Vendor should discuss the controls that the will implement to limit the payment for an instant check up to a maximum of the refund amount sent to the endor by DISTRICT with the disbursement data file. The Vendor should disclose all the charges adhere to the process of issuing Instant Checks. d. Anticipated Project Timeline Please submit a detailed timeline for implementation of your services. Provide a project plan illustrating major milestones and deliverables. Provide a description of resources needed or sample project team. Include case studies and press releases, etc., showing implementation support by Vendor as addenda to Proposal. e. Cost Proposal/Program Costs and/or Cost Savings Please list, in detail, all costs to the DISTRICT for the products and services proposed in the above sections of this RFP, any costs for the following items below and any other related costs, incentives or waived fees listed Vendor proposes for the Program. 1. Set-up Fee 2. Technical Integration Fee 3. ATM Installation Fee 22

23 4. Marketing Support and Development Fee including printed materials 5. Website Co-branding Fee 6. Training & Support 7. Fees related to card issuance 8. Fees related to Funds Disbursement 9. Ongoing Maintenance Fees 10. Implementation and Project Planning 11. Other Transaction Fees including non-student fees f. Proposed Data File Transfer and Data Security 1. Please describe the Vendor technical process that will support the ability to provide one data file from the DISTRICT ERP (SAP) system, or current legacy system, to the Vendor for refund disbursements; the file would include an identifier, payment record, recipient name and amount of the refund payment to be delivered. 2. Please describe how all sensitive data will be transmitted securely and encrypted using Secure Shell Technology (SSH). 3. Please describe the Vendor s technical process that will support the ability to provide one data file from the DISTRICT System to the Vendor that includes data needed for card production for all Refund Disbursement Cards for students. 4. Please describe how Vendor will support convenient online DISTRICT Management of permission access for DISTRICT personnel to Vendor provided online reports. 5. Please describe how Vendor would provide the following real- time, online reports and include screen shots or demonstration on reports. Real time audit trail report for refund payment status and delivery status, DISTRICT Bank statement showing funds transfers needed for refund delivery process, Activation and preference reports on student choices, parent sign-up to send money reports Detailed Refund Disbursement Card reports showing mailing address, card status of active/inactive, etc. 6. Please describe how Vendor s system supports the ability to reverse refund payments from the Vendor system online in case of error or ineligibility for refund. g. Automated Teller Machine (ATM) Services 1. Please identify any available reporting features available to the DISTRICT detailing the activity of each ATM, including transaction volume, dollar volume and fees generated. 23

24 2. Please identify any non-student member transaction fees for use of the ATM. A proposal offering lower per transaction fee charges may score additional points in the cost savings category. h. Appendices to be Included in Proposal Appendix 1 - Authorization to Contract. Provide pages as necessary Provide either an excerpt from your Corporate Resolution, Certificate of Secretary, or correspondence from the Chief Executive Officer or chairperson attesting that the individual signing the proposal has the authority to make binding representations on behalf of the financial institution. i. Mandatory Documents To Be Submitted In Response 1. Completed and signed Non-collusion Affidavit (Exhibit A) 2. Completed and signed Certificate of Non-Discrimination (Exhibit B) 3. Completed Confidentiality Agreement (Exhibit C) 4. Acknowledgement of all addenda issued by the District (Exhibit D) 5. Completed and signed Exceptions and Deviations (Exhibit E) GRACE PERIOD FOR MISSING OR INCORRECT FILING OF EXHIBITS A THROUGH E ONLY: In the event that a Vendor fails to submit all or any part of items (a) through (e) above with its submission or if any submitted item is incomplete or incorrect, the Contracts Unit will notify the Vendor and the Vendor shall have an additional three (3) business days to submit the missing item to the Contracts Unit. Failure to submit the missing item will result in the disqualification of the Vendor if the mandatory item is missing entirely. Failure to complete or correct a mandatory item will result in the Vendor s Proposal being considered in the form in which it was originally submitted. Failure to submit mandatory items after the grace period will result in the proposal being deemed non-responsive. VIII. PROPOSAL EVALUATION AND CONTRACT AWARD 8.1 GENERAL All proposals received in accordance with these RFP instructions will be evaluated to determine if they are complete and meet the requirements in this RFP. An award will be made to the Proposer(s) judged to be the most advantageous to the District. The District expressly reserves the right to protect and make no award under this RFP. 24

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