2-B405-26-01 FINAL RFP FMLA Administration Services.docx

Contents

INTRODUCTION, BACKGROUND AND PROJECT DESCRIPTION

INTRODUCTION

Through this Request for Proposals (“RFP”), the City of Lancaster (“City”) seeks sealed proposals from experienced firms for Family and Medical Leave Act (“FMLA), Americans with Disabilities Act (“ADA”) and Pregnant Workers Fairness Act (“PWFA”) leave and accommodation administration and guidance (“Services”).

BACKGROUND

The City of Lancaster, located in South Central Pennsylvania, operates under a Home Rule Charter and provides a range of municipal services to approximately 60,000 residents. Additionally, the City owns and operates two water treatment plants and a wastewater treatment plant, serving 10 additional municipalities.

Lancaster City employes approximately 625 staff members, which workforce includes both non-bargaining and bargaining unit employees, represented by the American Federation of State, County, and Municipal Employees (AFSCME) Local 1896, the International Association of Firefighters (IAFF) Local 319, and the Lancaster City Police Officers’ Association.

The City is seeking a third-party to provide services to its Bureau of Human Resources, including overseeing, tracking, management and administration of FMLA benefits and facilitating, engaging, tracking and managing the iterative and interactive processes of ADA and PWFA accommodation requests to enhance operational efficiencies for the Bureau of Human Resources and ensure and compliance with all applicable laws.

CONTRACT DESCRIPTION

It is the City’s intention to enter into a one (1)-year contract with the successful proposer for FMLA / Leave Management Administration Services to begin thirty (30) days from the execution of the contract with the City option for annual renewal.

INVITATION TO PROPOSERS

As set forth in the advertisement for proposals, sealed proposals will be received on the Pennsylvania Electronic Document and Bid Management Website known as PennBid at http://pennbid.bonfirehub.com by the City of Lancaster, PA, 120 North Duke Street, Lancaster City, Lancaster County, Pennsylvania until 0010/14/2026, at which time proposals will be opened on the website for City’s Request for Proposals for Family and Medical Leave Act (FMLA) Leave Management Administration Services.

The terms of the introduction, background, and contract description are incorporated herein.

All proposals shall be effective for sixty (60) calendar days from the date of the proposal opening, unless an award of the Contract is delayed by the required approval of another governmental agency, the sale of bonds or the award of a grant, in which case all proposals will remain effective for one hundred twenty (120) calendar days from the date of the proposal opening.

The successful proposer shall be required to comply with all applicable laws protecting individuals from discrimination All proposals shall be submitted exclusively in electronic format to the City through PennBid at http://pennbid.bonfirehub.com. Proposals provided by any other means will not be accepted. All proposals must be submitted in PDF format. Incomplete proposals and those received after the specified date and time will not be considered. Hand delivered, mailed, courier, faxed and/or e-mailed responses will not be accepted.

All clarification questions shall be submitted via PennBid as described within the RFP documents.

Proposals, after having been submitted, may be withdrawn by the proposer prior to the time set for the opening of proposals upon the written direction to City through PennBid at http://pennbid.bonfirehub.com and at such other times as set forth in Article 11 of the Instructions to Proposers. No withdrawal of proposals will be allowed within sixty (60) calendar days after said time, even though proposals may not yet have been opened.

The City will determine who is the lowest responsible proposer upon the basis of the proposals submitted. The lowest responsible proposer need not be the proposer submitting the lowest dollar amount. The City may consider the quality of services supplied, responsiveness of the proposer, past performance of the proposer, compatibility of the proposer’s processes with other City services and the proposer’s ability to handle the volume of work proposed. Further, consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, cost to the customer, and financial and technical resources as specifically set forth in Article 3 of the Instructions to Proposers.

The City reserves the right to reject the proposal of any proposer not possessing satisfactory qualifications.

The City reserves the right to reject any or all proposer and re-advertise if the best interest of the City will thereby be promoted. The City also reserves the right to waive technical defects if in its judgment, the interest of the City shall so require. The City further reserves the right to waive any informalities in the proposals received and reject any or all proposals for any reason whatsoever. Included in its right to reject proposals, is the right for the City, in its sole discretion, to reject proposals which are deemed by the City to be incomplete, conditional, or obscure, or which contain additions, erasures, alterations, omissions or irregularities of any kind.

The City’s Contract Representative is Beth Bowman, Bureau Chief of Human Resources, 120 North Duke Street, Lancaster, PA17602.

SCOPE OF SERVICES

Proposals must include the items noted below and may include additional services (the Scope of Services).

1. Administer FMLA Leave Benefits for the City by providing to and receiving from employees any and all required FMLA forms including but not limited to the Notice of Eligibility and Rights & Responsibilities, Designation Notices, and/or any other forms, notices or disclosures at any stage of the FMLA process as required by federal law and applicable state or local law.

2. Oversee, manage and meet all legal deadlines associated with required leave documentation. Respond to all communications regarding leave promptly.

3. Provide to and receive from employee (and/or the employee’s medical provider) all required medical certification documentation.

4. Provide written approvals, disapprovals or denials of leave to employees, designated Human Resources staff and City Managers/Supervisors; manage and response to all inquiries and follow-ups regarding the same including questions from employees and managers/supervisors and designated HR staff.

5. Determine the availability of leave benefits and eligibility of employee to take leave based on City provided information.

6. Provide a tracking and reporting system for employes to report absences for leave and confirm all returns to work.

7. Provide regular (at least monthly) reporting capabilities to City on employee leave status through a combination of written communications and regular meetings with designated staff in the Human Relations Bureau.

8. Provide a customizable “dashboard” or web-based platform which designated Human Resources staff may access all leave information and securely interchange documents with the vendor.

9. Work collaboratively with the Bureau of Human Resources and City managers to facilitate, engage, track and manage the iterative and interactive process for ADA and PWFA accommodation requests, with the City being the final decision maker.

10. Analyze and investigate FMLA leave requests and accommodation requests in accordance with applicable laws and pursuant to the instructions and direction of the Bureau of Human Resources.

11. Administer leave benefits in accordance with the City of Lancaster’ sick policy, vacation policy, leave of absence policy and collective bargaining agreements and any other City polices which may apply. The Service Provider will not administer vacation, personal, comp time, PTO, or sick days.

12. Review the status of each employee’s eligibility for leave at appropriate intervals during a medical leave or accommodation and determine if the employee continues to be eligible for leave and/or an accommodation.

13. Notify the City in writing of Administrator’s recommendations regarding an employee’s leave, accommodation or recertification.

14. Notify the City in writing of suspected abuse of leave or failure/ noncompliance with leave reporting requirements or noncompliance with City’s policies or procedures regarding sick time and leave.

15. Involve/recommend/provide a third-party medical review services such as a Nurse Case Manager Clinical Advisory Review or a Second Opinion, or other independent medical review process when authorized or directed by the City.

16. Recertify leave and accommodations as appropriate, in compliance with all laws, and in accordance with City policies and directives regarding the same. Auto renewals are not acceptable.

QUALIFICATIONS

Firms submitting proposals should meet the following qualifications:

· Have provided FMLA Administration Services for a minimum of ten (10) municipal entities of similar size, providing a minimum of three (3) references including contact information, at least one of which is located in Lancaster County, Pennsylvania or an adjacent county and at least one of which has a collective bargaining unit.

· SAM.gov Unique Entity Identification (UEI). For contracts over $25,000, Successful Proposer will also be required to be registered on SAM.gov.

SUBMISSION REQUIREMENTS

Although there is no required form, please include the following in your proposal:

1. Contact Information

· Legal business name, address, website, and the name, telephone, and email address of a representative associated with the proposal.

2. Executive Summary which briefly describes your firm, organizational structure, and any unique aspects or benefits your Firm would offer.

3. Experience and Qualifications which includes the following information:

· A description of your firm’s experience and qualification to perform the work.

· Experience, qualifications and resumes of key staff proposed to perform the work.

· Provide a list of at least ten (10) entities of similar size, which you have provided FMLA Administration Services for within the past five (5) years.

· At least three (3) references, including contact information, at least one of which located in Lancaster or adjacent County in Pennsylvania.

· SAM.gov Unique Entity Identification (UEI). For contracts over $25,000, Successful Proposer will also be required to be registered on SAM.gov.

4. Approach

· Identify how your firm would approach implementing and ongoing management of the services.

5. Functionality and Usability – Customer Support?

· Describe core features of your software and wether it is web-based or requires installation on local devices.

· Describe costomability of your software in terms of workflows, forms, reports and user interface.

· Describe your available customer support model, including hours available and other services such as languages supported.

6. Data Management and Security

· Describe how your software adheres to standard security protocols, including data encryption and regular security updates that protect senitive information.

7. Schedule

· An estimated schedulule for implementing the service.

8. Cost

· A general description of your pricing model

· Describe any additional costs to City associated with the implementation and ongoing management of the services.

9. Contract

· Provide a sample contract/agreement

10. Required City of Lancaster Forms

· Non-Collusion Affidavit

· Self- Certification of No Debarment, Suspension, or Ineligibility, which requires SAM.gov Registration, including a Unique Entity ID

· Minority, Woman and Disadvantaged Business Compliance Form

11. Any other information that should be considered or included as part of the response to this RFP.

SELECTION PROCESS

Although there is no required form, please include the following in your proposal:

1. Relevent Experience including documentation of all qualifications required by this RFP.

2. Qualification of Key Personnel

3. Cost – Pricing Model – Value of Services

4. Approach

5. Functionality and Usability – Customer Support

6. Data management (including security)

7. Support and maintenance

8. Capacity to provided requested services

The City intends to award to and negotiate a contract with the proposer that best meets the needs of the City as set forth in this RFP considering all factors including but not limited to experience, effectiveness, compliance with applicable laws, costs, and ability to handle the volume of the Services.

INSTRUCTIONS TO PROPOSERS

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Proposers have the meanings indicated below:

A. ISSUING OFFICE – this term shall have the same meaning as City and refer only to the office which issues the RFP Documents.

B. CITY – the City of Lancaster, PA C. CONTRACT – the FMLA Administration Services Contract D. PROPOSER - any natural person or legally recognized entity which is sui juris.

E. SUCCESSFUL PROPOSER - the Proposer to whom the Contract is awarded.

F. RFP DOCUMENTS - All documents included in or supplied pursuant to this RFP Package.

ARTICLE 2 – PROPOSAL DOCUMENTS

2.01 The RFP Documents are those documents required to be submitted as part of any Proposal and are a subset of, and can be found within, the Proposal Package.

2.02 Complete sets of RFP Documents shall be used in preparing Proposals; City does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of the RFP Documents.

2.03 City, in making copies of the RFP Package, including the RFP Documents, available on the above terms, does so only for the purpose of obtaining Proposals for the Contract and does not authorize or confer a license for any other use. As set forth herein, the City reserves the right to award multiple contracts and not award any contracts. The RFP Documents in the form of an RFP Package for the Project can be obtained over the internet from the Pennsylvania electronic document and proposal management program known as PennBid at http://pennbid.bonfirehub.com. Potential Proposers must register with PennBid online to have access to said documents. Registration is at no cost and the process takes only a few minutes. Once registered, potential Proposers can obtain all project documents for this Project and any other PennBid-registered project and submit and update their confidential proposals online prior to the deadline for submitting a Proposal. All Proposals shall be submitted exclusively in electronic format to City through PennBid at http://pennbid.bonfirehub.com. Proposals provided by any other means will not be accepted. All proposals must be submitted in PDF format. Incomplete proposals and those received after the specified date and time will not be considered. Hand delivered, mailed, courier, faxed and/or emailed responses will not be accepted.

ARTICLE 3 – DEBARRMENT FROM RESPONDING

3.01 Any person or entity (or enterprise) who has been convicted of, or been judged civilly to have committed, any offense indicating a lack of business integrity or honesty, shall be debarred from responding to any request for proposal on any contract which requires responding and from participating in any City contract and should they respond shall not be deemed a responsible proposer.

A. The offenses shall include, but not be limited to, the following:

1. fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public or private contract or agreement or subcontract, or in the performance of the contract or subcontracts;

2. bribery, embezzlement, false claims, false statements, falsification or destruction of records, forgery, racketeering, mail fraud, receiving stolen property, obstruction of justice, theft, breach of duty to act disinterestedly, or another offense indicating a lack of business integrity or honesty;

3. unlawful price fixing between competitors, allocation of customers between competitors, bid rigging or any other violation of federal or state antitrust laws;

4. violations of a governing hour of labor, minimum wage standards or prevailing wage standards, or child labor law violations;

5. violation of any law, regulation or agreement related to conflict of interest;

6. loss or denial of the right to do business or practice a profession under a circumstance indicating a lack of business integrity or honesty;

7. failure to pay a debt, including any taxes, owed to the City, provided the debt is uncontested by the debtor or, if contested, provided that the debtor’s legal and administrative remedies have been exhausted;

8. subcontracting or otherwise doing business with a debarred person or enterprise, in connection with a contract with the City, where it is known or where it reasonably should have been known, that the person or entity is debarred;

9. willful or material failure to perform the terms of a contract or agreement with the City in accordance with its specifications or contractual time requirements;

10. providing false or misleading information as part of a prequalification statement, including but not limited to financial statements, affidavits of compliance with prevailing wage statutes and product descriptive literature;

11. debarment or equivalent exclusionary action by any public agency, government or government instrumentality;

12. conviction of a criminal offense pursuant to Section 113(c) of the Clean Air Act, 42 U.S.C. § 7413(c), or Section 309(c) of the Clean Water Act, 33 U.S.C. § 1319; or

13. other cause affecting responsibility as a City contractor or vendor as may be reasonably determined by the City.

ARTICLE 4 – QUALIFICATIONS OF PROPOSERS AND PROPOSAL REQUIREMENTS

4.01 Qualifications – the qualifications are set forth above.

4.02 Submission Requirements – The submission requirements are set forth above.

4.03 A Proposer’s failure to submit required qualification information within the times indicated may disqualify Proposer from receiving an award.

4.04 No requirement in this Article 3 to submit information will prejudice the right of City to seek additional pertinent information regarding Proposer’s qualifications.

ARTICLE 5 – PROPOSER’S REPRESENTATIONS

5.01 It is the responsibility of each Proposer before submitting a Proposal to:

A. Examine and carefully study the RFP Documents, and any data and reference items identified in the RFP Documents (including the Scope of Services and all Appendices, if any).

B. Become familiar with and satisfy itself as to all Laws and Regulations, including applicable City Ordinances and Regulations that may affect cost, progress and performance of the work.

C. Become aware of the general nature of the work to be performed by City as it relates to the Work indicated in the RFP Documents (including the Scope of Services and all Appendices, if any).

D. Promptly give City written notice of all conflicts, errors, ambiguities, or discrepancies that Proposer discovers in the RFP Documents (including the Scope of Services and all Appendices, if any) and confirm that the written resolution thereof by the City is acceptable to Proposer.

E. Agree that the submission of a Proposal will constitute an incontrovertible representation by Proposer that Proposer has complied with every requirement of this Article, that without exception the Proposal and all prices and/or considerations in the Proposal are premised upon performing and furnishing the work required by the RFP Documents (including the Scope of Services and all Appendices, if any), and that Proposer has no claim for compensation, reimbursement for fee and costs, and/or any other benefit for having devoted time and materials in evaluating or submitting a Proposal.

ARTICLE 6 – RESERVED

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the RFP Documents are to be submitted through the “Public Q&A” feature on the PennBid website to City’s representative identified in the Invitation to Proposers in writing. Such questions shall be addressed prior to Bid opening by memoranda or formal Addenda and shall be made available to all Proposers on the PennBid website for the Contract. It is the responsibility of each potential Proposer to be continuously aware of any interpretations rendered by memoranda and/or Addenda made available on the PennBid website for the Contract without notice from City. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the RFP Documents.

ARTICLE 8 – REVIEW AND EVALUATION

8.01 The City will check responses against the submission requirements. Responses not meeting all qualifications and including all submission requirements will not be considered for review. Qualified respondents may be contacted for interviews.

8.02 The RFP is not a binding agreement to purchase goods or services. Responders to this RFP will be assessed in light of the qualification review criteria, if any.

8.03 The City reserves the right to require one, some or all Proposers to make oral presentations.

8.04 The City intends to award a contract to the proposer that best meets the needs of the City as set forth in this RFP considering all factors including but not limited to experience, effectiveness, complaince with applicable laws, costs, and ability to handle the volume of the Services.

8.05 The Proposal selected by the City will be deemed to respond most favorably to the requirements of this Request for Proposals. The City reserves the right to issue one or more contracts in order to meet the goals and objectives set forth above or to choose not to issue any contracts.

8.06 In evaluating Proposals, City will consider whether or not the Proposals comply with the prescribed requirements.

8.07 City may conduct such investigations (including interviews) as City deems necessary in its sole and absolute discretion to assist in the evaluation of Proposals and to establish the responsibility, qualifications, and financial ability of Proposers to perform and furnish the Contract in accordance with the RFP Documents to City’s satisfaction within the prescribed time.

ARTICLE 9 – PREPARATION OF PROPOSAL

9.01 A Proposal by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. The corporate seal shall be affixed and attested by the corporate secretary or an assistant corporate secretary.

9.02 A Proposal by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The partnership’s address for receiving notices shall be shown.

9.03 A Proposal by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the firm’s address for receiving notices shall be shown.

9.04 A Proposal by an individual shall show the Proposer’s name and address for receiving notices.

9.05 A Proposal by a joint venture shall be executed by an authorized representative of each joint venture in the manner indicated on the Proposal Form. The joint venture’s address for receiving notices shall be shown.

9.06 All names shall be printed below signatures.

9.07 The Proposal shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be referenced in the Proposal.

9.08 Postal and e-mail address(es) and telephone number(s) for communications regarding the Proposal shall be shown.

9.09 The Proposal shall contain the information required by Article 3.

ARTICLE 10 – BASIS OF PROPOSAL

10.01 Proposer shall submit a Proposal containing all the information required herein. There is no specified form for those proposals, although failure to include all information set forth in this RFP Package may eliminate the Proposer from consideration.

ARTICLE 11 – SUBMITTAL OF PROPOSAL

11.01 A Proposal shall be received no later than the date and time prescribed and, in the manner, and at the place indicated in the Invitation to Proposers.

11.02 Reserved.

11.03 Proposals received after the date and time prescribed for the opening of proposals, or not submitted at the correct location or in the designated manner, will not be accepted.

11.04 By submitting a Proposal, the Proposer acknowledges that they have:

A. Read and will comply with all the terms found within the RFP Package, including these Instructions to Proposers, and insurance amounts and coverages to be provided by the Successful Proposer in the event a Notice of Award is issued.

B. Thoroughly read and understood all the Contract Documents found within the RFP Package, including these Instructions to Proposers and other data and forms to become familiar with all conditions that may affect cost, performance, and ability to provide the services required.

C. Considered all Federal, state, and local laws and regulations that may affect cost, performance, and ability to provide the work required.

D. Found no errors, ambiguities, conflicts, or other matter in the RFP Documents found within the RFP Package, including these Instructions to Proposers, and other data and forms, and conditions that may affect cost, performance, and ability to provide the work required.

E. Acknowledges and understands that its Proposal may be rejected for failure to submit the Proposal and other RFP Documents in the manner included in the RFP Package, failure to complete and/or sign any required documentation, inclusion by Proposer of conditions or qualifications not provided for in the submission Requirements and RFP Documents, submission of an incomplete Proposal or other required documents, should the Proposal contain any omissions, erasures, alterations, additions not called for, or irregularities of any kind, debarment by a Commonwealth agency, political subdivision or federal agency, being declared in default on other prior projects, and generally not meeting the conditions for award set forth in this RFP Package, including, without limitation the advertisement for Proposal.

ARTICLE 12 – MODIFICATION AND WITHDRAWAL OF PROPOSAL

12.01 A proposal may be withdrawn from consideration on the PennBid website by the Proposer at any time prior to Proposal opening.

12.02 If a Proposer wishes to modify its Proposal prior to Proposal opening, Proposer may do so on the PennBid website prior to the time designated for opening proposals.

12.03 If within 24 hours after Proposals are opened any Proposer files a duly signed written notice with City and promptly thereafter demonstrates to the reasonable satisfaction of City that there was a material and substantial mistake in the preparation of its Proposal, that Proposer may withdraw its Proposal.

ARTICLE 13 – OPENING OF PROPOSALS

13.01 Proposals will be opened at the PennBid website electronically by City at the time indicated in the Invitation to Proposers.

ARTICLE 14 – PROPOSALS REMAIN SUBJECT TO ACCEPTANCE

14.01 Except as hereinafter provided, all Proposals will remain subject to acceptance for a period of sixty (60) days after the date specified for the opening of proposals or the issuance of a Notice of Award, whichever occurs first, unless stated otherwise on the Proposal Form. In the event an award of the contract is delayed by the required approval of another government agency, the sale of bonds or the award of a grant, in which case all proposals shall remain subject to acceptance for a period of one hundred twenty (120) calendar days from the date of the Proposal opening. City may, in its sole discretion, release any Proposal prior to the issuance of a Notice of Award or the expiration of the applicable ninety (90) or one hundred twenty (120) day period.

ARTICLE 15 – EVALUATION OF PROPOSALS AND AWARD OF CONTRACT

15.01 City reserves the right to reject any or all Proposals, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Proposals. City will reject the Proposal of any Proposer that City finds, after reasonable inquiry and evaluation, to not be responsible. If Proposer purports to add terms or conditions to its Proposal, takes exception to any provision of the Proposal Documents, or attempts to alter the contents of the Contract Documents for purposes of the Proposal, then the City will reject the Proposal as nonresponsive; provided that City also reserves the right to waive all minor informalities not involving price, time, or changes in the Project.

15.02 Evaluation of Proposals

A. The awarded firm shall be selected based on the following:

1. Relevent Experience including documentation of all qualifications required by this RFP.

2. Qualification of Key Personnel

3. Cost – Pricing Model – Value of Services

4. Approach

5. Functionality and Usability – Customer Support

6. Data management (including security)

7. Support and maintenance

8. Capacity to provided requested services B. The City intends to award a contract to the proposer that best meets the needs of the City as set forth in this RFP considering all factors including but not limited to experience, effectiveness, complaince with applicable laws, costs, and ability to handle the volume of the Services

15.03 If a contract(s) is to be awarded, City will give the Successful Proposer(s) a Notice of Award within sixty (60) days after the date specified for the opening of proposals. In the event an award of the contract is delayed by the required approval of another government agency, the sale of bonds or the award of a grant, in which case City will give a Successful Proposer a Notice of Award within one hundred twenty (120) calendar days from the date of the Proposal opening. Such “Notice of Award” shall describe the nature, scope and facial amount stated in dollars of the Project awarded to Proposer and direct the Proposer submit the following truthful and accurate documents in the manner stated within a specified period of time:

1. Proposer-executed Agreement (to be negotiated by the City and Successful Proposer(s)).

2. Certificate of Insurance

ARTICLE 16 – INSURANCE

16.01 Successful Proposer shall maintain Professional Liability and/or General Liability Insurance with insurer’s satisfactory to the City and in an amount not less than $1,000,000 Dollars for each occurrence and shall provide proof to the City that it has named the City as an additional insured and/or loss payee under such policy.

ARTICLE 17 – Non-Appropriation.

17.01 The Parties agree that the awarding and/or continuation of this Agreement is dependent upon the lawful availability of funding. The City shall provide the firm written notice for any fiscal year of the failure of City Council to make an adequate appropriation or of the state or federal government’s failure to provide the required funding or reduction in the necessary grant funds necessary to permit the City to pay the amounts due under this Agreement. Upon notice that sufficient funds were not appropriated by City Council of the City of Lancaster, the state or the federal government sufficient to permit the City to pay for the continued performance of this Agreement, either Party may terminate the agreement without penalty.

ARTICLE 18 – SIGNING OF AGREEMENT

18.01 When City issues a Notice of Award to a Successful Proposer, it shall be accompanied by an unexecuted copy of the Agreement along with the other Contract Documents as identified in the Agreement. Within 10 days thereafter, or as otherwise specified by City in the Notice of Award, a Successful Proposer shall execute and deliver the documents required by this RFP Package along with proof that it is qualified to do business in the Commonwealth of Pennsylvania.

ARTICLE 19 – SALES AND USE TAX

19.01 To the maximum extent permitted by Pennsylvania law, City is exempt from state sales and use taxes on materials and equipment to be incorporated in the Project. Said taxes shall not be included in the Proposal to the extent of the exemption permitted by Pennsylvania law. Proposer is solely responsible for determining the applicability of such exemption to such materials and services to be provided when setting forth the prices or totals comprising its Proposal. Proposer is not permitted to rely on any formal or informal or official or unofficial representation(s) by City or its representatives concerning the scope of materials and equipment which may or may not be exempt from sales or use taxes. No price adjustments or allowances will be made for Proposer’s pricing or overall Proposal in the event Proposer failed to include, or properly calculate, sales or use taxes applicable to materials or equipment for which the exemption does not apply.

ARTICLE 20 – ASSIGNMENTS

20.01 Absent the written consent of City, the assignment of any Proposal by any Proposer or any contract by a Successful Proposer is strictly prohibited and shall be grounds for declaring a breach of such Proposer’s obligations hereunder and/or the Agreement to perform the services required. In such an event, the City shall have recourse against Proposer’s Proposal Security or Proposer’s performance bond and/or such other remedies as may be allowed by the RFP Package.

ARTICLE 21 – LAWS AND REGULATIONS

21.01 The Request for Proposals sets forth responsibility for compliance with all applicable federal, state and local laws.

21.02 Proposers shall be required to comply with all applicable laws protecting individuals from discrimination.

21.03 The Proposer shall insure that no person will be denied access to or use of the Site on the basis of race, color, religion, ancestry, income, national origin, age or sex.

21.04 Compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Equal Employment Opportunity (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

21.05 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549

END OF INSTRUCTIONS TO PROPOSERS

21.06

SAM.GOV AND UNIQUE ENTITY ID

For contracts over $25,000, service providers and subcontractors are required to have a Unique Identity ID, a 12-character alphanumeric ID assigned to an entity by SAM.gov.

On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities. Now, entities doing business with the government should use the Unique Entity ID created in SAM.gov. You no longer have to go to a third-party website to obtain your identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the government.

If your entity is registered in SAM.gov, your Unique Entity ID has already been assigned and is viewable in SAM.gov. The Unique Entity ID is located on your entity registration record. You must be signed-in to your SAM.gov account to view entity records.

A registration allows you to bid on government contracts. As part of registration, you will be assigned a Unique Entity ID. Subcontractors may only need a Unique Entity ID, without having to register.

To Register your entity and/or obtain a Unique Entity ID, go to SAM.gov and click “Get Started.”

For help, click “Learn More.”

FORMS TO BE SUBMITTED WITH PROPOSAL

P1 - PROPOSAL TAB

No Required Form, but it should include all submission requirements

P2 - NON-COLLUSION AFFIDAVIT

State of:

S.S.

County of:

I state that I am

OF

, the

(Title)

(Name of Agency)

Respondent that has submitted the attached Proposal; and that I am authorized to make this affidavit on behalf of my Agency, and it’s owners, directors, and officers.

I am fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal;

Such Proposal is genuine and is not a collusive or sham Proposal;

Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed directly or indirectly with any other Respondent, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted or to refrain from responding in connection with such Contract, or has in any manner, directly or indirectly sought by agreement or collusion or communication or conference with any other Respondent, firm or person to fix the price or prices in the attached Proposal or any other Respondent, or to fix any overhead, profit, cost element of the Proposal price or the Proposal price of any other Respondent, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the CITY OF LANCASTER or any other person interested in the proposed Contract; and

The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Name:

Signature:

Title:

Name of Agency:

SUBCRIBED AND SWORN TO BEFORE ME

THIS

DAY OF

, 2026.

(Notary Public)

My Commission Expires:

P3 - MINORITY, WOMEN, AND DISADVANTAGED BUSINESS COMPLIANCE

Subcontractor Details

Business Name:

Phone:

Contact Person:

Email:

Mailing Address:

City/State/Zip:

Federal ID Number:

Unique Entity ID:

Percentage Participation in Contract:

Check all that apply

Subcontractor Details

Business Name:

Phone:

Contact Person:

Email:

Mailing Address:

City/State/Zip:

Federal ID Number:

Unique Entity ID:

Percentage Participation in Contract:

Check all that apply

Subcontractor Details

Business Name:

Phone:

Contact Person:

Email:

Mailing Address:

City/State/Zip:

Federal ID Number:

Unique Entity ID:

Percentage Participation in Contract:

Check all that apply

Subcontractor Details

Business Name:

Phone:

Contact Person:

Email:

Mailing Address:

City/State/Zip:

Federal ID Number:

Unique Entity ID:

Percentage Participation in Contract:

Check all that apply

NOTE: Use additional sheets if there are more than 4 subcontractors. If any subcontractors are added throughout the duration of the projects, please forward information to Nancy Miller at nmiller@cityoflancasterpa.gov.

P4 - SELF-CERTIFICATION OF NO DEBARMENT, SUSPENSION, OR INELIGIBILITY

Date:

I certify that is not debarred, suspended, or otherwise declared

(Name of Agency) ineligible by the Department of Labor and Industry pursuant to the Pennsylvania Prevailing Wage Act of August 15, 1961, as amended, or by any agency of the Commonwealth of Pennsylvania under any other Act.

Furthermore, I certify that

Has no tax liabilities or outstanding

(Name of Agency)

Commonwealth obligations at this time and agree to notify the City of Lancaster if, at any time during the term of the Contract, if becomes delinquent. Such notification shall be made within

(Name of Agency) fifteen (15) days of the date of the debarment, suspension, or declaration of ineligibility.

**For contracts over $25,000, service providers are required to have a UNIQUE ENTITY ID AND maintain a current registration in SAM.GOV**

UNIQUE ENTITY ID:

Expiration date:

Signed:

Printed Name:

Title:

Address:

COMMONWEALTH OF PENNSYLVANIA:

S.S.

COUNTY OF

On this, the day of

, 2026, before me, the undersigned officer, personally appeared

, who being sworn according to the law, deposes and states that he/she is

(Name of individual signing document) the of known to me (or satisfactorily proven)

(title)

(Name of Agency)

To be the person whose name id subscribed to the within instrument and acknowledge that he/she, being authorized

To do so executed the same for the purposes therein contained and desires the same to be recorded as such.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Republic

TO BE COMPLETED BY SUCCESSFUL PROPOSER UPON AWARD

AGREEMENT

To be drafted, completed, and negotiated upon award but will include standard terms and conditions as provided in Exhibit A – Sample City of Lancaster Professional Services Agreement.

CERTIFICATE OF INSURANCE

City of Lancaster, 120 North Duke Street, Lancaster, PA 17602, is to be named as an additional insured.

Coverages must comply with Article 15 of the Instructions to Proposers.

(to be submitted only by successful Proposer upon Award)

EXHIBIT a

Sample City of Lancaster Professional Services Agreement.

ADDENDA

SUBMISSION CHECKLIST

For a complete response to this RFP, please submit the following:

☐ Proposal (No required Form, but should include all submission requirements) (P1) ☐ Non-Collusion Affidavit or Prime Bidder (P2) ☐ Minority, Women, and Disadvantaged Business Compliance (P3) ☐ Self-Certification of No Debarment, Suspension, or Ineligibility (one for each agency and sub-agency) (P4) ☐ Any other Information/Documentation you wish to be considered by the City image1.png image2.png image3.png image4.png