00 CHEF RFP combined docs as posted 6.29.2018.pdf

RFP ETH0052 / ETH0053 / ETH0054 Page 1

Request for Proposals for the State of Wisconsin

ETH0052 – Third Party Administration of Health Savings Accounts (HSA)

ETH0053 – Third Party Administration of Section 125 Cafeteria Plan and Employee Reimbursement

Accounts (ERA) ETH0054 – Third Party Administration of Commuter

Fringe Benefit Accounts

Issued by the State of Wisconsin Department of Employee Trust Funds

On behalf of the Group Insurance Board

Release Date: June 29, 2018

RFP ETH0052 / ETH0053 / ETH0054 Page 2

TABLE OF CONTENTS

TABLE OF CONTENTS

APPENDICES

REQUIRED FORMS

1 GENERAL INFORMATION

2 PREPARING AND SUBMITTING A PROPOSAL

3 PROPOSAL SELECTION AND AWARD PROCESS

4 MANDATORY PROPOSER QUALIFICATIONS

5 PROGRAM SPECIFICATIONS

6 GENERAL QUESTIONNAIRE

7 TECHNICAL QUESTIONNAIRE

8 COST PROPOSAL

9 CONTRACT TERMS AND CONDITIONS

APPENDICES

Appendix 1 – Pro Forma Contract by Authorized Board Appendix 2 – Department Terms and Conditions Appendix 3 – Annual It’s Your Choice Activity Overview Appendix 4 – State Employer Organizational Relationship Overview Appendix 5 – State Employer Group Roster (ET-1404) Appendix 6 – Health Savings Accounts (HSA) Program Overview Appendix 7 – Section 125 Cafeteria Plan and Employee Reimbursement Accounts

(ERA) Program Overview Appendix 8 – Commuter Fringe Benefit Accounts Program Overview Appendix 9 – State of Wisconsin Program Agreement Appendix 10 – General Questionnaire Appendix 11 – Technical Questionnaire o Appendix 11A – Technical Questionnaire: HSA Supplement o Appendix 11B - Technical Questionnaire: Section 125 Cafeteria Plan/ERA

Supplement o Appendix 11C - Technical Questionnaire: Commuter Fringe Benefit

Supplement

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REQUIRED FORMS

FORM A – Proposal Checklist FORM B – Mandatory Proposer Qualifications FORM C – Subcontractor Information FORM D – Request for Proposal Signature Page FORM E – Vendor Information FORM F – Vendor References FORM G – Designation of Confidential and Proprietary Information FORM H – Cost Proposal Workbook

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1 GENERAL INFORMATION

1.1 INTRODUCTION

The purpose of this Request for Proposal (RFP) is to provide interested and qualified vendors with information to enable them to prepare and submit competitive Proposals to administer the following programs: Section 125 Cafeteria Plan, Health Savings Account (HSA), Employee Reimbursement Account (ERA), and Commuter Fringe Benefit Account. There are three separate RFPs:

ETH0052 – Third Party Administration of Health Savings Accounts (HSA) ETH0053 – Third Party Administration of Section 125 Cafeteria Plan and Employee

Reimbursement Accounts (ERA), including:

• Section 125 Cafeteria Plan Non-Discrimination Testing

• Section 125 Cafeteria Plan Documentation

• Health Care Flexible Spending Account (FSA)

• Limited Purpose FSA

• Dependent Day Care FSA

ETH0054 – Third Party Administration of Commuter Fringe Benefit Accounts, including:

• Parking Account

• Transit Account

Vendors may submit a Proposal for one, two or all three of the RFPs listed above; however, submitting a Proposal for more than one RFP is not a requirement.

The State of Wisconsin Department of Employee Trust Funds (Department) intends to use the results of this solicitation to award one or more Contracts for the administration of the programs listed above. The Contract(s) will be administered and managed by the Department, with oversight by the State of Wisconsin Group Insurance Board (Board). This RFP document, its attachments, and the awarded Proposal(s) will be incorporated into the Contract(s).

1.2 PROGRAM OVERVIEWS

The Wisconsin Department of Employee Trust Funds administers various benefit programs available to State and local public employees. The Department works with nearly 1,500 Employer partners and serves 622,000 members. Detailed information about the programs covered by this RFP, which are available to State and university employees, is available in the following appendices:

Detailed program information is available in the following appendices:

Appendix 6 – Health Savings Account (HSA) Program Overview Appendix 7 – Section 125 Cafeteria Plan and Employee Reimbursement Accounts

(ERA) Program Overview Appendix 8 – Commuter Fringe Benefit Accounts Program Overview

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1.3 ADDITIONAL BACKGROUND INFORMATION

Table 1 below provides links to additional background information. This information is provided to assist Proposers in completing an RFP response.

Table 1. Additional Background Information

Title Web Address

Employee Trust Funds Website http://etf.wi.gov

It’s Your Choice Open Enrollment Material http://etf.wi.gov/members/IYC2018/et-2107home.asp

TASC Online Landing Page for the State of Wisconsin https://partners.tasconline.com/ETFEmployee

Wisconsin Administrative Code:

Chapter ETF 11 Appeals http://docs.legis.wisconsin.gov/code/admin_code/etf/11

Wisconsin State Statutes Chapter 40 http://www.legis.state.wi.us/statutes/Stat0040.pdf

ETF Insurance Complaint Information http://etf.wi.gov/publications/et2405.pdf

1.4 PROCURING AND CONTRACTING AGENCY

This RFP is issued by the Department on behalf of the Board. The Department is the sole point of contact for the State of Wisconsin in the selection process. The terms “State,” “ETF,” and “Department” may be used interchangeably in this RFP and its attachments.

Prospective Proposers are prohibited from contacting any person other than the individual listed here regarding this RFP. Violation of this requirement may result in the Proposer being disqualified from further consideration.

Express delivery United States Postal Service delivery Dept. of Employee Trust Funds Beth Bucaida

RFP ETH0052-54

Supply & Mail Services 7th Floor North Tower (Visitor’s Entrance) 4822 Madison Yards Way Madison, WI 53705-9100

Dept. of Employee Trust Funds Beth Bucaida

RFP ETH0052-54

P.O. Box 7931 Madison, WI 53707-7931

Telephone: 608-267-3933 E-mail: ETFSMBProcurement@etf.wi.gov

NOTE: Deliveries are accepted from 8:00 a.m. – 4:00 p.m. central time Monday through Friday.

No deliveries may be made to the Department on Saturdays, Sundays, and State holidays as the office is closed on those days. The Department is not responsible for picking up Proposals at the post office or any courier office.

http://etf.wi.gov/ http://etf.wi.gov/members/IYC2018/et-2107home.asp https://partners.tasconline.com/ETFEmployee http://docs.legis.wisconsin.gov/code/admin_code/etf/11 http://www.legis.state.wi.us/statutes/Stat0040.pdf http://etf.wi.gov/publications/et2405.pdf mailto:ETFProcurement@etf.wi.gov

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1.5 DEFINITIONS AND ACRONYMS

Words and terms shall be given their ordinary and usual meanings. Words and terms not defined below shall have the meanings provided by Wis. Stat. § 40.02 and Wis. Admin. Code § ETF 10.01 unless otherwise clearly and unambiguously defined by the context of their usage in this RFP.

Where capitalized in this RFP, the following definitions and acronyms shall have the meanings indicated unless otherwise noted. The meanings shall be applicable to the singular, plural, masculine, feminine, and neuter forms of the words and terms.

Benefit Program refers to the programs included in this RFP, such as, Section 125 Cafeteria Plan and Employee Reimbursement Account (ERA), Health Savings Account (HSA), and/or Commuter Fringe.

Board means State of Wisconsin Group Insurance Board.

Business Day means each Calendar Day except Saturday, Sunday, and official State of Wisconsin holidays (see also: Calendar Day, Day).

Cafeteria Plan or Section 125 Cafeteria Plan refers to the plan under Internal Revenue Code Section 125 which allows for payment of the cost of certain benefits to be paid on a pre-tax basis.

Calendar Day refers to a period of twenty-four hours starting at midnight.

Calendar Year means the time period from January 1 to December 31.

Commuter Fringe Benefit means a qualified pre-tax savings transportation benefit program, such as a parking or transit account.

Confidential Information means all tangible and intangible information and materials being disclosed in connection with the Contract, in any form or medium without regard to whether the information is owned by the State of Wisconsin or by a third party, which satisfies at least one of the following criteria: (i) Individual Personal Information; (ii) Personally Identifiable Information;

(iii) Protected Health Information under HIPAA, 45 CFR 160.103; (iv) proprietary information; (v) non-public information related to the State of Wisconsin’s employees, customers, technology (including data bases, data processing and communications networking systems), schematics, specifications, and all information or materials derived therefrom or based thereon; (vi) information expressly designated as confidential in writing by the State of Wisconsin; (vii) all information that is restricted or prohibited from disclosure by State or federal law, including Individual Personal Information and Medical Records as governed by Wis. Stat. § 40.07, Wis. Admin. Code ETF 10.70(1) and 10.01(3m); or (viii) any material submitted by the Proposer in response to this RFP that the Proposer designates confidential and proprietary information and which qualifies as a trade secret, as provided in Wis. Stat. § 19.36 (5) or material which can be kept confidential under the Wisconsin public records law.

Continuant means any Participant enrolled in a Benefit Program under the federal or State continuation provisions.

Contract means the written agreement resulting from the successful Proposal and subsequent negotiations that shall incorporate, among other things, this RFP, the final, applicable Program Agreement(s), the successful Proposer's Proposal as accepted by the Department, the Department Terms and Conditions, an updated and executed Appendix 1 Pro Forma Contract, its exhibits, subsequent amendments and other documents.

Contractor means a Proposer who is awarded a Contract.

Cost Proposal means the document submitted by Proposer that includes Proposer’s costs to provide the Services. The Microsoft Excel workbook attached as FORM H – Cost Proposal

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Workbook is the required document all Proposers must submit. The Cost Proposal is described in Section 8 and elsewhere in this RFP.

Day means Calendar Day unless otherwise indicated.

Deductible means a predetermined amount of money that a Participant must pay before benefits are eligible for payment by their insurance.

Department or ETF means the State of Wisconsin Department of Employee Trust Funds.

Dependent Day Care Flexible Spending Account or Dependent Day Care FSA means a pre-tax benefit account that allows for tax-free reimbursement of eligible day care expenses or other custodial care for Qualified Dependents.

Employee means an eligible employee of the State of Wisconsin as defined under Wis. Stat. §

40.02 (25) (a), 1., 2., or (b), 1m., 2., 2g., or 8. An employee of the State of Wisconsin as defined under Wis. Stat. § 40.02 (25) (b), 1m. or 2 does not qualify as an Employee for the Commuter Fringe Benefit program.

Employee Reimbursement Account or ERA means the Health Care Flexible Spending Account, Limited Purpose Flexible Spending Account, and Dependent Day Care Flexible Spending Account programs. ERA is also known as Flexible Spending Account (FSA).

Employer means an eligible State of Wisconsin agency as defined in Wis. Stat. § 40.02 (54). A University of Wisconsin System employer does not qualify as an Employer for the Commuter Fringe Benefit program.

FSA means Flexible Spending Account.

GHIP means the State of Wisconsin Group Health Insurance Program.

HDHP means High Deductible Health Plan.

Health Care Flexible Spending Account is an account that allows an Employee to set aside tax-free dollars each year for health care expenses not covered by insurance. The Participant may use these funds to pay for eligible health care expenses incurred by the Participant or the Participant’s Qualified Dependents.

Health Savings Account or HSA is an account that allows an Employee enrolled in an HDHP plan to set aside tax-free dollars each year for health care expenses not covered by insurance.

The Participant may use these funds to pay for eligible health care expenses incurred by the Participant or the Participant’s Qualified Dependents.

HIPAA means the Health Insurance Portability and Accountability Act of 1996. See Appendix 2 – Department Terms and Conditions.

Individual Personal Information or IPI has the meaning ascribed to it at Wis. Admin. Code ETF § 10.70 (1). See Appendix 2 – Department Terms and Conditions.

It’s Your Choice Open Enrollment or IYC means the enrollment period referred to in the Department materials as the IYC enrollment period that is available at least annually to Employees allowing them the opportunity to enroll for coverage in benefit plans offered by the Board.

IRS means Internal Revenue Service.

Limited Purpose Flexible Spending Account or LPFSA is an account that allows an Employee to set aside tax-free dollars each year for vision, dental and post-deductible expenses not covered by insurance. The Participant may use these funds to pay for eligible health care expenses incurred by the Participant or the Participant’s Qualified Dependents.

https://docs.legis.wisconsin.gov/statutes/statutes/40/I/02/25 https://docs.legis.wisconsin.gov/statutes/statutes/40/I/02/25 https://docs.legis.wisconsin.gov/statutes/statutes/40/I/02/25 https://docs.legis.wisconsin.gov/statutes/statutes/40/I/02/54

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Mandatory means the least possible threshold, functionality, degree, performance, etc. needed to meet a compulsory requirement.

Participant(s) means the Employee or any of the Employee’s Qualified Dependent(s) who have been specified by the Department for enrollment and are entitled to participate in the Benefit Program.

Payroll Center means the benefits department of a participating State agency that is responsible for completing business processes associated with Benefit Program enrollment and changes, payroll deductions, leave benefit administration, and terminations. See Appendix 4 – State Employer Organizational Relationship Overview.

Personally Identifiable Information or PII means information that is capable of identifying a particular individual through one or more identifiers or other information or circumstances. See Appendix 2 – Department Terms and Conditions.

Plan Year means the twelve (12) month period of coverage under a Benefit Program (e.g. January 1 through December 31).

Program Agreement means the specific agreement that describes the Benefit Programs offered to eligible Employees. See Appendix 9 – State of Wisconsin Program Agreement.

PPPBPM means Per Participant Per Benefit Per Month.

Proposal means the complete response of a Proposer submitted in the format specified in this RFP, which sets forth the Services offered by a Proposer and Proposer’s pricing for providing the Services described in this RFP and in the Program Agreement.

Proposer means any individual, firm, company, corporation, or other entity that submits a Proposal in response to this RFP.

Protected Health Information or PHI has the meaning ascribed to it under 45 s. CFR 160.103.

See Appendix 2 – Department Terms and Conditions.

Qualified Dependent means any individual who is a tax dependent of the Participant as defined in Internal Revenue Code Section 152; however, for Health Care FSA and LPFSA, a Qualified Dependent is defined as set forth in Internal Revenue Code Section 105(b) including any child as defined in Internal Revenue Code Section 152(f)(1) of the Participant who, as of the end of the taxable year, has not attained age twenty-seven (27); for HSA, a Qualified Dependent is defined in IRS Publication 502 including any child of the Participant who under the age of twenty-four (24);

and for Dependent Day Care FSA purposes, a Qualified Dependent also means an individual described in Internal Revenue Code Section 21(e)(5).

Quarterly means a period consisting of every consecutive three (3) months beginning January.

Reimbursement Request means a hard copy paper or electronic form submitted by the Participant to the Contractor with all pertinent documentation regarding an eligible expense for monetary reimbursement from the Participant’s pre-tax Benefit Program account.

Retiree means a State member who is retired and receives an annuity or lump sum benefit from the Wisconsin Retirement System.

RFP means Request for Proposal.

Services means all work performed, and labor, actions, recommendations, plans, research, and documentation provided by the Contractor necessary to fulfill that which the Contractor is obligated to provide under the Contract.

State means the State of Wisconsin.

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State Statutes or ss or Wisconsin Statutes or Wis. Stats. means Wisconsin State Statutes referenced in this RFP, viewable at: http://www.legis.state.wi.us/rsb/stats.html.

Subcontractor means a person or company hired by the Contractor to perform a specific task or provide Services as part of the Contract.

1.6 CLARIFICATION OF THE SPECIFICATIONS AND REQUIREMENTS

Proposers must submit all questions concerning this RFP via e-mail (no phone calls) to ETFSMBProcurement@etf.wi.gov. The subject of the e-mail must state “ETH0052-54” and the e-mail must be received on or before the date identified in Section 1.9 Calendar of Events, Proposer Questions and Letter of Intent Due Date. Proposers are expected to raise any questions they have concerning this RFP at this point in the process. Do not include any information within your questions that would identify your company as all submitted questions will be shared with all vendors who submit questions.

Proposers are encouraged to submit any assumptions or exceptions during the above process.

All assumptions and exceptions listed must contain a rationale as to the basis for the assumption/exception. The Department will inform Proposers what assumptions/exceptions are acceptable to the Department.

Questions must be submitted as a Microsoft Word document (not a .pdf or scanned image) using the format specified below:

Table 2. Format for Submission of Clarification Questions

No. RFP Section RFP Page Question/Rationale

Q1

A1

Q2

A2

Q = Proposer’s question; A = The Department’s answer Proposer’s e-mail must include the name of the Proposer’s company and the person submitting the question(s). A compilation of all questions and answers, along with any RFP updates, will be posted to the Department’s Extranet (http://etfextranet.it.state.wi.us/etf/internet/RFP/rfp.html) on or about the date indicated in Section 1.9 Calendar of Events, Department Posts Responses to Proposer Questions.

If a Proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the Proposer should immediately notify the individual identified in Section

1.4 Procuring and Contracting Agency, of such error and request modification or clarification of this RFP document.

If it becomes necessary to update any part of this RFP, updates will be published on the Department’s Extranet listed above and will not be mailed. Electronic versions of this RFP and its attachments are available on the Department’s Extranet.

http://www.legis.state.wi.us/rsb/stats.html mailto:ETFSMBProcurement@etf.wi.gov http://etfextranet.it.state.wi.us/etf/internet/RFP/rfp.html

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1.7 PROPOSER CONFERENCE

No Proposer conference is scheduled for this RFP. If the Department decides to hold a Proposer conference, a notice will be posted on the Department’s Extranet at:

http://etfextranet.it.state.wi.us/etf/internet/RFP/rfp.html. Note, unless this notice is posted, no conference will be held.

1.8 REASONABLE ACCOMMODATIONS

The Department will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities, upon request.

1.9 CALENDAR OF EVENTS

Listed below are the important dates by which actions related to this RFP must be completed. If the Department finds it necessary to change any of the specific dates and times in the Calendar of Events listed below, it will do so by posting a supplement to this RFP on the Department’s Extranet with the URL listed above. No other formal notification will be issued for changes in the estimated dates. Note the Contract start date is May 1, 2019, while the benefit period will begin January 1, 2020. This is intentional as the Contractor will assist with the implementation, transition, and member communication involved with any program structure changes.

Table 3. Calendar of Events*

Date Event

June 29, 2018 Department Issues RFP (Release Date)

July 16, 2018 Proposer Questions and Letter of Intent Due

August 17, 2018 Department Posts Responses to Proposer Questions

Wednesday, August 29, 2018 by 2:00PM central time

Proposal Due Date

December 2018 Proposer Presentations to RFP Evaluation Team

February 20, 2019 Group Insurance Board meeting including Finalist Proposer Presentations to the Board

May 1, 2019 Contract Start Date

*All dates are estimated except the due dates for: Proposer Questions, Letter of Intent, and Proposals.

1.10 CONTRACT TERM

Contract terms for the three RFPs are detailed below. Cost increases for any Contract renewals shall be negotiated in good faith and mutually agreed upon by both parties.

http://etfextranet.it.state.wi.us/etf/internet/RFP/rfp.html

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1.10.1 ETH0052 Health Savings Accounts

The Contract term for Third Party Administration of Health Savings Accounts will commence on May 1, 2019 and extend through December 31, 2021. The Board retains the option, by mutual agreement of the Board and the Contractor, to renew the Contract for two (2) additional two (2) year renewal periods extending the Contract through December 31, 2025.

1.10.2 ETH0053 Section 125 Cafeteria Plan and Employee

Reimbursement Accounts

The Contract term for Third Party Administration of Section 125 Cafeteria Plan and Employee Reimbursement Accounts will commence on May 1, 2019 and extend through December 31, 2021. The Board retains the option, by mutual agreement of the Board and the Contractor, to renew the Contract for two (2) additional two (2) year renewal periods extending the Contract through December 31, 2025.

1.10.3 ETH0054 Commuter Fringe Benefit Accounts

The Contract term for Administrative Services for Commuter Fringe Benefit Accounts will commence on May 1, 2019 and extend through December 31, 2021. The Board retains the option, by mutual agreement of the Board and the Contractor, to renew the Contract for two (2) additional two (2) year renewal periods extending the Contract through December 31, 2025.

1.11 LETTER OF INTENT

A letter of intent indicating that a Proposer intends to submit a response to this RFP is requested (see Section 1.9 Calendar of Events). In the letter, identify the Proposer's organization/company name, list the name, location, telephone number, and e-mail address of one or more persons authorized to act on the Proposer's behalf, and identify which RFPs you will be responding to (ETH0052 Health Savings Accounts; ETH0053 Section 125 Cafeteria Plan and Employee Reimbursement Accounts; and/or ETH0054 Commuter Fringe Benefit Accounts). Submit the letter of intent via email to the address listed in Section 1.4. The RFP number and title must be referenced in the subject line of Proposer’s email. The letter of intent does not obligate the Proposer to submit a Proposal.

1.12 NO OBLIGATION TO CONTRACT

The Board reserves the right to cancel this RFP for any reason prior to the issuance of a notice of intent to award a Contract. The Board does not guarantee to purchase any specific dollar amount. Proposals that stipulate that the Board shall guarantee a specific quantity or dollar amount will be disqualified.

1.13 WI DEPARTMENT OF ADMINISTRATION ESUPPLIER REGISTRATION

The Wisconsin Department of Administration’s eSupplier Portal is available to all businesses and organizations that want to do business with the State. The eSupplier Portal allows vendors to see details about pending invoices and payments, allows vendors to receive automatic, future official notices of bid opportunities, and, in some cases, allows vendors to respond to State solicitations.

Note: the eSupplier Portal is not being used for this solicitation for Proposer responses.

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For more information on the eSupplier Portal, go to:

https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_BIDDER

1.14 RETENTION OF RIGHTS

All Proposals become the property of the Department upon receipt. All rights, title and interest in all materials and ideas prepared by the Proposer for the Proposal to the Department shall be the exclusive property of the Department and may be used by the State at its discretion.

2 PREPARING AND SUBMITTING A PROPOSAL

2.1 GENERAL INSTRUCTIONS

The evaluation and selection of a Contractor(s) will be based on the information received in the submitted Proposal(s) plus the following optional review methods, at the Department’s discretion:

reference checks, Proposer presentations, interviews, demonstrations, responses to requests for additional information or clarification, any on-site visits, and/or best and final offers (BAFOs), where requested. Such methods may be used to clarify and substantiate information in the Proposals.

Failure to respond to each of the requirements in this RFP may be the basis for rejecting a Proposal.

Elaborate Proposals (e.g., expensive artwork), beyond that sufficient to present a complete and effective Proposal, are neither necessary nor desired. Marketing or promotional materials should only be provided where specifically requested. If providing such materials, please indicate which question the materials apply to.

All Proposals must be in English.

2.2 INCURRING COSTS

The State of Wisconsin and the Department are not liable for any costs incurred by Proposers in replying to this RFP, making requested oral presentations, or demonstrations.

2.3 SUBMITTING THE PROPOSAL

For each RFP for which the Proposer submits a Proposal (ETH0052 Health Savings Accounts;

ETH0053 Section 125 Cafeteria Plan and Employee Reimbursement Accounts; and/or ETH0054 Commuter Fringe Benefit Accounts) Proposer must submit the following, including all required materials as specified herein:

One (1) original hard copy Proposal, clearly labeled “ORIGINAL”;

Seven (7) identical paper copies of the original paper Proposal, marked as “COPY.”

Indicate the copy number on the cover of each copy (for example: 1 of 7, 2 of 7, etc.); and One (1) USB flash drive, which includes the following:

o One (1) file folder of all electronic Proposal files in Microsoft Word/Microsoft Excel, and/or Adobe Acrobat 9.0 (or above) format. The Department requires that all files have optical character recognition (OCR) capability (not a scanned image). OCR is https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_BIDDER

RFP ETH0052 / ETH0053 / ETH0054 Page 13 the conversion of all images typed, handwritten or printed text into machine-encoded text. The file folder must be labeled “[Proposer Name] PROPOSAL”. All files must have the same pagination as Proposer’s original hard copy Proposal. Do not include the Cost Proposal in this file folder.

o One (1) file folder of all electronic Proposal files in Microsoft Word/Microsoft Excel, and/or Adobe Acrobat 9.0 (or above) format EXCLUDING or REDACTING all confidential and proprietary information/documents. This file folder must be labeled “[Proposer Name] REDACTED PROPOSAL.” This is the file that will be submitted to requestors for open records requests. Note that no matter what the method the Proposer uses to redact documents, the Department is not responsible for checking that the redactions match the Proposer’s FORM G – Designation of Confidential and Proprietary Information. Proposers should be aware that the Department may need to electronically send the redacted materials to members of the public and other Proposers when responding appropriately to open records requests. The Department is not responsible for checking that redactions, when viewed on-screen via electronic file, cannot be thwarted. The Department is not responsible for responding to open records requests via printed hard copy, even if redactions are only effective on printed hard copy. The Department may post redacted Proposals on the Department’s public website in exactly the same file format the Proposer provides, and the Department is not responsible if the redacted file is copied and pasted, uploaded, e-mailed, or transferred via any electronic means, and somehow loses its redactions in that process. All files must have the same pagination as Proposer’s original hard copy Proposal. Do not include the Cost Proposal in this folder.

• Redact only material the Proposer authored. For example, do not redact the requirement or question the Proposer is responding to, only the answer.

• Do not redact page numbers. Page numbers should remain visible at all times, even if the whole page is being redacted.

• Sign Form G – Designation of Confidential and Proprietary Information only once.

Add as many lines/pages as necessary.

o One (1) file folder containing FORM H – Cost Proposal Workbook labeled “[Proposer Name] COST PROPOSAL.” Note: costs provided in Proposer’s Cost Proposal shall NOT be redacted for confidentiality.

IMPORTANT:

• Do not lock or password protect the USB drive.

• Clearly mark the exterior of the USB flash drive with Proposer’s name and the RFP number.

• Flash drives must be free of all malware, ransomware, viruses, spyware, worms, Trojans, or anything that is designed to perform malicious operations on a computer.

Specific Instructions for Submitting FORM H – Cost Proposal Workbook One original paper copy of the Cost Proposal (FORM H – Cost Proposal Workbook) must be placed in a sealed envelope and submitted in the box containing the Proposals. Each page of the Cost Proposal must contain the Proposer’s name. Mark the outside of the envelope with:

“[Proposer's Name and Address]” Title: COST PROPOSAL, RFP ETH0052-54

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IMPORTANT: Proposer’s Cost Proposal shall only be included: a) electronically within a separate file folder on the Proposer’s USB flash drive submitted to the Department as instructed above, and b) in paper form submitted in a sealed envelope as instructed above.

Proposal Due Date and Time Proposals received after the date and time specified in Section 1.9 Calendar of Events will not be accepted and will be disqualified. Receipt of a Proposal by the State of Wisconsin mail system does not constitute receipt of a Proposal by the Department, for the purposes of this RFP. All required parts of the Proposal must be submitted by the specified due date and time; if any portion of the Proposal is submitted late, the entire Proposal will be disqualified. Proposers may request, via an email to the address listed in Section 1.4, the time and date their Proposal was received by the Department.

Proposals submitted via fax or e-mail will not be accepted.

Proposal Packaging The Proposal must be packaged, sealed and show all of the following information on the outside of the package:

Proposer's company name and address RFP Number: RFP ETH0052-54 Proposal Due Date (as specified in Section 1.9 Calendar of Events)

2.4 PROPOSAL ORGANIZATION AND FORMAT

Proposers responding to this RFP must comply with the following format requirements. The Department reserves the right to exclude any Proposals from consideration that do not follow the required format as instructed below.

Format Requirements

• Proposals must be typed and submitted on 8.5 by 11-inch paper and bound securely.

• Only provide promotional materials if they are relevant to a specific requirement of this RFP.

If provided, all materials must be included with the response to the relevant requirement and clearly identified as “promotional materials.” Electronic access to such materials is preferred, which includes flash drives and web links.

FRONT COVER Front Cover Requirements Include at a minimum the following information:

Proposer's company name;

Title of the following: Proposal Response for the Wisconsin

Department of Employee Trust Funds;

The RFP number and name for the program(s) you are proposing:

ETH0052 Health Savings Accounts; ETH0053 Section 125 Cafeteria Plan and Employee Reimbursement Accounts; and/or ETH0054 Commuter Fringe Benefit Accounts; and, Proposal submission date.

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TABLE OF

CONTENTS

Table of Contents Requirements Include at a minimum the following information:

Listing of each TAB number;

Listing of each TAB description; and, Listing of each TAB page number.

TAB 1 General Information and Forms Provide the following in the following order:

TRANSMITTAL LETTER: A signed transmittal letter must accompany the Proposal. The transmittal letter must be written on the Proposer’s official business stationery and signed by an official that is authorized to legally bind the Proposer. Include in the letter:

I. Name and address of company;

II. Name, title and signature of Proposer’s authorized representative;

III. Name, title, telephone number and e-mail address of representatives who may be contacted by the Department if questions arise regarding the Proposal;

IV. The RFP number and name for the program(s) you are proposing: ETH0052 Health Savings Accounts; ETH0053 Section 125 Cafeteria Plan and Employee Reimbursement Accounts; and/or ETH0054 Commuter Fringe Benefit Accounts; and, V. Executive Summary FORM A – Proposal Checklist FORM B – Mandatory Proposer Qualifications FORM C – Subcontractor Information FORM D – Request for Proposal Signature Page FORM E – Vendor Information FORM F – Vendor References FORM G – Designation of Confidential and Proprietary Information Current Form W-9 Request for Taxpayer Identification Number and

Certification (from the Department of the Treasury, Internal Revenue Service: https://www.irs.gov/pub/irs-pdf/fw9.pdf)

NOTE: FORM H – Cost Proposal Workbook must be submitted as stated in Section 2.3 above.

https://www.irs.gov/pub/irs-pdf/fw9.pdf

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TAB 2 Response to Sections 6 [GENERAL QUESTIONNARE) and 7

(TECHNICAL QUESTIONNAIRE(S)]

Provide a point-by-point response to each and every statement in Section 6 and Section 7. The response must follow the same numbering system, use the same headings, and address each point or sub-point listed in the applicable RFP.

Include the documents requested in Sections 6 and 7 (e.g. audited financial statements, account manager resumes, etc.) at the end of the section in your Proposal that corresponds to the Section in the RFP in which the document is requested. Label the document provided with the section number it applies to. For example, put the screen shots called for in Appendix 11 – Technical Questionnaire 1.2.14 in-between 1.2.13 and

1.2.15 and not at the end of your response to Appendix 11 – Technical Questionnaire. Plus, make sure all pages of the screen shots are labelled “Response to Appendix 11 – Technical Questionnaire 1.2.14.”

TAB 3 Assumptions and Exceptions If the Proposer has no assumptions or exceptions to any RFP term, condition, appendix, or form, provide a statement in Tab 3 to that effect.

If the Proposer has assumptions and/or exceptions to any RFP term, condition, appendix, or form, follow the following instructions:

Instructions:

Regardless of any proposed assumption or exception, the Proposal as presented must include all Services requested.

If the Proposer cannot agree to a term or condition as written, the

Proposer must make its specific required revision to the language of the provision by striking out words or inserting required language to the text of the provision. Any new text and deletions of original text must be clearly color coded or highlighted, which requires the Proposer’s response be printed in color. Proposers shall avoid complete deletion and substitution of entire provisions, unless the deleted provision is rejected in its entirety and substituted with substantively changed provisions. Wholesale substitutions of provisions shall not be made in lieu of strategic edits required to reflect Proposer-required modifications.

Immediately after a proposed revision, the Proposer shall add a concise explanation concerning the reason or rationale for the required revision. Such explanations shall be separate and distinct from the marked-up text and shall be bracketed, formatted in italics and preceded with the term “[Explanation:].”

All provisions on which no changes are noted shall be assumed to be accepted by the Proposer as written and shall not be subject to further negotiation or change of any kind unless otherwise proposed by the Department.

Submission of any standard Proposer contracts as a substitute for language in the terms and conditions is not a sufficient response to this requirement and may result in rejection of the Proposal. An

RFP ETH0052 / ETH0053 / ETH0054 Page 17 objection to terms or conditions without including proposed alternative language will be deemed to be an acceptance of the language as applicable.

The Department reserves the right to negotiate contractual terms and conditions when it is in the best interest of the State of Wisconsin to do so.

Exceptions to any RFP terms and conditions may be considered by the Department during Contract negotiations if it is beneficial to the Department.

The Department may or may not consider any of the Proposer’s suggested revisions. The Department reserves the right to reject any proposed assumptions or exceptions.

Clearly label each assumption and exception with one of the following labels:

Terms and Conditions Assumptions and Exceptions RFP (Excluding Section 8) Assumptions and Exceptions Section 8 Assumptions and Exceptions

Supplemental Information – IMPORTANT The Department will not allow any assumptions or exceptions by the Proposer to any of the items listed in Table 4 below. Any Proposal with an assumption or exception to any of the items listed in Table 4 will be rejected.

Table 4. No Assumptions or Exceptions Allowed

Ref.

No.

Document Item/Section

1 Appendix 2 3.0 Legal Relations

2 Appendix 2 6.0 Audit Provision

3 Appendix 2 13.0 Contract Dispute Resolution

4 Appendix 2 14.0 Controlling Law

5 Appendix 2 16.0 Termination of this Contract

6 Appendix 2 17.0 Termination for Cause

7 Appendix 2 18.0 Remedies of the State

8 Appendix 2 22.0 Confidential Information and HIPAA Business Associate Agreement

9 Appendix 2 23.0 Indemnification

10 Appendix 2 28.0 Data Security and Privacy Agreement

RFP ETH0052 / ETH0053 / ETH0054 Page 18

11 Appendix 2 39.0 Assignment

2.5 MULTIPLE PROPOSALS

Vendors may submit only one proposal for each RFP (ETH0052 Health Savings Accounts;

ETH0053 Section 125 Cafeteria Plan and Employee Reimbursement Accounts; and/or ETH0054 Commuter Fringe Benefit Accounts). Multiple Proposals from a Proposer for a single RFP program will not be accepted.

2.6 WITHDRAWAL OF PROPOSALS

Proposals shall be irrevocable until the Contract is awarded unless the Proposal is withdrawn.

Proposers may withdraw a Proposal in writing at any time up to the date and time listed in Section

1.9 Calendar of Events, for the Proposal Due Date or upon expiration of three (3) Calendar Days after the Proposal Due Date and time, if received by the Department. To accomplish this, the written request must be signed by an authorized representative of the Proposer’s company and submitted to the contact listed in Section 1.4, Procuring and Contracting Agency. If a previously submitted Proposal is withdrawn before the Proposal Due Date, the Proposer may submit another Proposal at any time up to the Proposal Due Date and time.

3 PROPOSAL SELECTION AND AWARD PROCESS

3.1 PRELIMINARY EVALUATION

Proposals will initially be reviewed to determine if Mandatory requirements are met and if all required Proposal components are received. Failure to submit a complete Proposal may result in rejection of the entire Proposal. Failure to meet Mandatory requirements as stated in FORM B – Mandatory Proposer Qualifications, or failure to follow the required instructions for completing the Proposal as specifically outlined in this RFP may result in rejection of the Proposal. Failure to provide a complete response to Section 8 in this RFP will result in rejection of a Proposal.

3.2 CLARIFICATION PROCESS

The Department may request Proposers to clarify ambiguities or answer questions related to information presented in their Proposal. Clarifications may occur throughout the Proposal evaluation process. Clarification requests will include appropriate references to this RFP or the Proposal. Responses shall be submitted to the Department in writing within the time required.

Failure to provide responses as instructed may result in rejection of a Proposal.

3.3 PROPOSAL SCORING

Proposals that pass the preliminary evaluation may be reviewed by an evaluation committee. The evaluation committee may review written Proposals, references, additional clarifications, oral presentations, site visits and other information to score Proposals. The Department may request reports on a Proposer’s financial stability (this includes the Department’s request for Proposers to furnish audited financial statements), and if financial stability is not substantiated, may reject a Proposer’s Proposal. The Department may request demonstrations/presentations of the

RFP ETH0052 / ETH0053 / ETH0054 Page 19

Proposer’s proposed products(s) and/or service(s), and review results of past awards to the Proposer by the State.

A Proposer may not contact any member of the RFP evaluation committee.

The evaluation committee's scoring will be tabulated and Proposals will be ranked based on the numerical scores received.

The evaluation committee reserves the right to stop reviewing a Proposal at any point during the evaluation process and remove the Proposal from further consideration.

3.4 EVALUATION CRITERIA

Proposals will be evaluated based upon the proven ability of the Proposer to satisfy the requirements specified herein in an efficient, cost-effective manner, taking into account quality of services proposed. Proposals will be scored using the following criteria:

Table 5. Evaluation Criteria

RFP SECTION DESCRIPTION TOTAL POINTS %

6 General Questionnaire 300 30%

Technical Questionnaire

• Main Questionnaire – 400 Points

• Supplement – 100 Points

50%

8 Cost Proposal 200 20%

Total 1,000 100%

TOP PROPOSERS ONLY DESCRIPTION TOTAL POINTS %

Proposer Demonstrations 500 -

3.5 METHOD TO SCORE COST PROPOSALS

The lowest Cost Proposal will receive the maximum number of points available for the cost category. Other Cost Proposals will receive prorated scores based on the proportion that the costs of the Proposals vary from the lowest Cost Proposal. The scores for the cost category will be calculated with a mathematical formula.

3.6 ORAL PRESENTATIONS, DEMONSTRATIONS, AND/OR SITE VISITS

The top scoring Proposers, based on the evaluation of their written Proposal in the general and technical questions of the RFP (Section 6 and 7), may be required to participate in oral presentations, interviews and/or site visits to supplement the Proposals, if requested by the Department. This may include demonstrations of Proposer’s key tools, reporting capabilities and interviews with key Department staff, evaluation committee members, and Board members.

Not all Proposers may be invited for oral presentations, demonstrations, and/or site visits. The Department will make every reasonable attempt to schedule each oral presentation or demonstration at a time that is agreeable to the Proposer. Presentations will be held in Madison, RFP ETH0052 / ETH0053 / ETH0054 Page 20

Wisconsin. Failure of a Proposer to interview or permit a site visit on the date scheduled may result in rejection of the Proposer's Proposal.

By submitting a Proposal in response to this RFP, the Proposer grants rights to the Department to contact or arrange a visit with any or all of the Proposer’s clients, Subcontractors, and/or references.

3.7 CONTRACT AWARD

Proposals will be presented to the Board for award based on the results of the general, technical and initial cost evaluations. The Proposal(s) determined to best meet the goals of the State’s benefits program may be selected by the Board for further action. The Board reserves the right not to award a Contract. If contract negotiations cannot be concluded successfully with the selected Proposer(s), the Board may negotiate a Contract with another Proposer.

3.8 BEST AND FINAL OFFER (BAFO)

The Department reserves the right to solicit a BAFO and conduct Proposer discussions, request more competitive pricing, clarify Proposals, and contact references with the finalists, should it be in the State’s best interest to do so. The Department is the sole determinant of its best interests.

If a BAFO is solicited, it will contain the specific information on what is being requested, as well as submission requirements, and a timeline with due date for submission. Any BAFO responses received by the Department after the stated due date may not be accepted. Proposers that are asked to submit a BAFO may refuse to do so by submitting a written response, indicating their Cost Proposal remains as originally submitted. Refusing to submit a BAFO will not disqualify the Proposer from further consideration.

3.9 RIGHT TO REJECT PROPOSALS AND NEGOTIATE CONTRACT TERMS

This RFP does not commit the Board to awarding a Contract, or paying any cost incurred in the preparation of a Proposal in response to the RFP. The Board retains the right to accept or reject any or all Proposals or accept or reject any part of a Proposal deemed to be in the best interest of the Board. The Board shall be the sole judge as to compliance with the instructions contained in this RFP.

The Board may negotiate the terms of the Contract(s), including the award amount and the Contract length, with the selected Proposer(s) prior to entering into a Contract. The Board reserves the right to add contract terms and conditions to the Contract during contract negotiations and subsequent renewals.

3.10 NOTIFICATION OF INTENT TO AWARD

All Proposers who respond to this RFP will be notified in writing of the Board’s intent to award a Contract(s) as a result of this RFP. All decisions and actions under this RFP are solely under the authority of the Board.

3.11 APPEALS PROCESS

Protests of the Board’s intent to award a contract(s) must be made in writing and according to the Board’s Policy for Vendor Procurement Appeals located at http://etf.wi.gov/boards/gov-manual-http://etf.wi.gov/boards/gov-manual-gib/vendor.pdf

RFP ETH0052 / ETH0053 / ETH0054 Page 21 gib/vendor.pdf. A vendor who wants to appeal the award must first send a written notice indicating that the vendor wants to appeal the award decision. The notice must be received in the Department office listed below no later than five (5) Business Days after the notice of intent to award is issued. Fax and e-mail documents will not be accepted.

A written notice of intent to appeal, and a formal written appeal, must be filed with:

Express/Common Carrier Delivery: United States Postal Service Delivery Group Insurance Board Group Insurance Board c/o Robert J. Conlin, Secretary c/o Robert J. Conlin, Secretary Wisconsin Department of Employee Trust Funds Wisconsin Department of Employee Trust Funds 4822 Madison Yards Way PO Box 7931 Madison, WI 53705-9100 Madison WI 53707-7931

Following the notice of intent to appeal, the formal written appeal must be submitted to the Board, c/o the Secretary of the Department at the address listed above, within ten (10) Business Days after the notice of intent to award the contract is issued. Appeal rights are lost if no formal appeal is timely received. The formal appeal must state the RFP number, detailed factual grounds for the objection to the Contract award, and must identify any Wisconsin Statutes and Wisconsin Administrative Codes that are alleged to have been violated. The Vendor can appeal only once per award.

The subjective judgment of evaluation committee members is not appealable. Following Board action, a written decision will be sent to the Vendor. The decision of the Group Insurance Board regarding any appeals is final.

4 MANDATORY PROPOSER QUALIFICATIONS

This section is pass/fail. (0 points) Use FORM B – Mandatory Proposer Qualifications to respond.

The following requirements are Mandatory for any Proposer who submits a Proposal. Failure to comply with one or more of the Mandatory qualifications may disqualify the Proposer. A response to each item in FORM B – Mandatory Proposer Qualifications is a Mandatory qualification.

Conditions of the RFP that have the word “must” or “shall” describe a Mandatory qualification.

If the Proposer cannot agree to each item listed, the Proposer must so specify and provide the reason for the disagreement in Tab 3 – Assumptions and Exceptions – of the Proposer’s response.

Sect. Qualification

4.1 Pursuant to Wis. Stat. § 16.705(1r), services must be performed within the United States.

4.2 Proposer agrees that any work products developed by Proposer as part of the project described in this RFP (e.g. all written reports, drafts, presentations and meeting materials, etc.) shall become the property of the Department.

4.3 The Proposer shall have no conflict of interest with regard to any other work performed by the Proposer for the State of Wisconsin.

http://etf.wi.gov/boards/gov-manual-gib/vendor.pdf

RFP ETH0052 / ETH0053 / ETH0054 Page 22

Sect. Qualification

4.4 The Proposer shall not be suspended or debarred from performing federal or State government work.

4.5 During the past five (5) years, the Proposer must not have been in bankruptcy or receivership or been involved with any litigation alleging breach of contract, fraud, breach of fiduciary duty or other willful or negligent…