26-4307 Employee Benefits Consultant Final.pdf

SUBURBAN MOBILITY AUTHORITY for REGIONAL TRANSPORTATION

REQUEST FOR PROPOSALS

Employee Benefits Consultant

Control No. 26-4307

Prepared by: Marie Bouchard

SMART

Procurement Department-Buhl Building 535 Griswold Street, Suite 600 Detroit, MI 48226

Return to Attention of: Marie Bouchard bids@smartbus.org

RFP Control Number: 26-4307

RFP Due Date: 3:00 PM Eastern Time, September 10, 2025

VENDOR NAME: _____________________________________________________

REPRESENTATIVE NAME: _____________________________________________

STREET ADDRESS: ___________________________________________________

CITY, STATE, ZIP: ____________________________________________________

PHONE: __________________________EMAIL: ____________________________

mailto:bids@smartbus.org i

TABLE OF CONTENTS

1.00 INTRODUCTION AND STATEMENT OF WORK

1.01 INTRODUCTION AND SMART CONTACT INFORMATION

1.02 TERM OF THE CONTRACT

1.03 SCOPE OF WORK/TECHNICAL SPECIFICATIONS AND OBJECTIVE

2.00 SOLICITATION PROCEDURES

2.01 SOLICITATION SCHEDULE

2.02 PRE-PROPOSAL CONFERENCE

2.03 OFFEROR COMMUNICATIONS

2.04 ADDENDA TO THE RFP

2.05 PROPOSAL CONTENT REQUIREMENTS AND PROPOSAL SUBMISSION

2.06 MODIFICATION OR WITHDRAWAL OF PROPOSALS

2.07 PROPOSAL EVALUATION, NEGOTIATION, AND SELECTION

2.08 QUALIFICATION REQUIREMENTS

2.09 EVALUATION CRITERIA

2.10 DETERMINATION OF THE COMPETITIVE RANGE

2.11 BEST AND FINAL OFFERS (BAFO)

2.12 NOTICE OF INTENT TO AWARD, AND CONTRACT AWARD

2.13 PROTESTS

2.14 EFFECT OF TERMINATION OR SUSPENSION OF CONTRACTOR ON OTHER CONTRACTOR AND BIDDERS 12

3.00 REQUIRED FORMS AND SUBMISSIONS

3.01 PRICING SCHEDULE

3.02 ACKNOWLEDGEMENT OF ADDENDA

3.03 OFFER AND AWARD

3.04 REQUESTS FOR CLARIFICATION, COMMUNICATIONS AND APPROVED EQUALS

3.05 PROPOSAL DEVIATION

3.06 EEO / AFFIRMATIVE ACTION COMPLIANCE

3.07 RESERVED

3.08 DEBARMENT AND SUSPENSION CERTIFICATION

3.09 CONFLICT OF INTEREST CERTIFICATION

4.00 GENERAL CONTRACTUAL PROVISIONS

4.01 CONTRACT, CONTRACT DOCUMENTS, AND CONFLICTS

4.02 AMENDMENTS

4.03 CHANGE ORDERS

4.04 RFP AND PROPOSAL OMISSIONS

4.05 GOVERNING LAW AND PARTIES; VENUE AND DISPUTES

4.06 COMPLIANCE WITH LAW

4.07 NONDISCRIMINATION

4.08 PRICE ADJUSTMENT FOR REGULATORY CHANGES

4.09 PAYMENT AND RETAINAGE

4.10 CANCELLATION OF PROCUREMENT

4.11 INDEMNIFICATION

4.12 RECORDS

4.13 TERMINATION OR SUSPENSION FOR CONVENIENCE

4.14 TERMINATION OR SUSPENSION FOR DEFAULT

4.15 SMART’S RIGHT TO DO WORK

ii

4.16 CONFIDENTIALITY OF PROPOSALS

4.17 SUCCESSION, ASSIGNMENT, AND SUBCONTRACTING

4.18 SURVIVABILITY AND SEVERABILITY

4.19 WAIVER

4.20 INCORPORATION OF RFP DOCUMENT

4.21 WARRANTY

4.22 ELECTRONIC SIGNATURE

5.00 REQUIRED SUBMISSIONS FOR SELECTED VENDOR(S) AFTER NOTICE OF INTENT TO

AWARD

1.00 INTRODUCTION AND STATEMENT OF WORK

1.01 Introduction and SMART Contact Information

This Request for Proposals (RFP) is being solicited by the Suburban Mobility Authority for Regional

Transportation (SMART), a public transportation authority in southeast Michigan that serves more than 10 million passengers annually.

1.02 Term of the Contract

SMART is interested in awarding a three (3) year contract with two (2) additional one (1) year options.

SMART shall have full authority, at its sole and unilateral discretion, to exercise any options.

1.03 Scope of Work/Technical Specifications and Objective

The Suburban Mobility Authority for Regional Transportation (SMART) is soliciting competitive proposals from qualified vendors for Employee Benefits Consultant services.

SUMMARY OF SMART’s OPERATIONS

SMART (Suburban Mobility Authority for Regional Transportation) is a Public Authority created pursuant to 204 P.A. 1967, as amended. This enabling legislation authorizes SMART to provide public transportation in southeast Michigan. The Authority operates a public transportation system composed of fixed route regular bus service (referred to as Fixed Route), and small bus, curb-to-curb service designed primarily to accommodate older and disabled citizens (referred to as Paratransit).

SMART employs approximately 966 people (drivers, mechanics, and administrative staff), at the four locations listed below. SMART also provides benefits to approximately 684 retirees.

Request For Proposals (RFP)

Title: Employee Benefits Consultant

RFP Control Number: 26-4307

Date Advertised: August 13, 2025

Date Issued: August 13, 2025

Due Date: September 10, 2025

Time: 3:00 PM Eastern Time

Location: See Section 2.05: Instructions for Electronic Submission

Purchasing Agent: Marie Bouchard

E-mail Address: mbouchard@smartbus.org

Telephone Number: (313) 223-2353

Manager of Contracts & Procurement: Caleb Barrett

Project Manager: Tianna Leapheart mailto:mbouchard@smartbus.org

Wayne Terminal Oakland Terminal 30000 N. Industrial Dr. 2021Barrett

Inkster, MI 48141 Troy, MI 48084 Fixed Route & Connector Fixed Route and Connector

Macomb Terminal Detroit Offices 22900 E. 15 Mile 535 Griswold, Suite 600

Clinton Township, MI 48035 Detroit, MI 48226 Fixed Route and Connector Administrative

BENEFIT PLANS

SMART offers the following benefit plans:

Medical plan including RX- offered through BC/BS, BCN, or HAP Dental Plan- offered through Delta Dental of Michigan

Optical Plan- offered through SVS

Sick & Accident- TPA = The Hartford Long Term Disability- offered through The Hartford

Life & Dependent Life Insurance- offered through The Hartford Accidental Death & Dismemberment- offered through The Hartford

Pension- MERS

SMART also offers its employees the following plans at additional cost to the employee:

457 Deferred Compensation programs- offered through Empower, Lincoln Financial, Nationwide Retirement Solutions Legal Services- offered through My Lawyer, Prepaid Legal

Flexible Spending Account- P&A Administrative

SERVICE REQUIREMENTS

Consulting services may include, but are not limited to the following:

• Benefit plan design, cost trends and benchmarking

• Vendor bidding for insurance/administrative services including PA 106

• Collective bargaining

• Retiree healthcare review and support, including Public Act 202 and support

• Regulatory compliance assistance, including COBRA and HIPAA

• Financial analysis and self-insured rate development

• Retiree benefit design and retiree group medical plans

• Section 125 flexible spending account

• Medicare Part D Retiree Subsidy

• Life Insurance and Accidental Death and Dismemberment Insurance

• Short-Term Disability and Long-Term Disability

• FMLA Administration

• Vendor bidding for insurance/administrative services including PA 106

• The Affordable Care Act education and recommendations

• Day-to-day benefits manager for employees

• Monthly benefits reporting and self-funded reconciliations, if self-funded

• Benefits analysis and cost projections for budget planning and labor negotiations

• Initial review and evaluations of plans

• Carrier rate/fee negotiations, if applicable

• Other services not otherwise listed

Consulting services includes but are not limited to the following:

• PPACA - Describe how your organization will assist SMART with developing strategies for complying with the tracking and reporting requirements required by ACA .

• Corporate Wellness - Does your company provide and/or support corporate wellness initiatives?

Please provide examples and describe any programs that you provide to your clients that foster employee wellness

• Retiree Drug Subsidy Services

The qualified and experienced employee benefits broker / consulting firm will provide services to assist in the management and administration of the SMART’s employee and retiree benefit programs including the following:

• Medical

• Prescription Drug

• Dental

• Vision

• Section 125 Flexible Spending Account

• Life Insurance

• Accidental Death & Dismemberment Insurance

• Short-Term & Long-Term Disability

EMPLOYEE BENEFITS CONSULATANT QUESTIONNAIRE

SMART is requesting that the following information be part of your formal submittal:

SUBMITTED PROPOSALS SHALL BE ORGANIZED INTO THE SECTIONS OUTLINED BELOW.

LABEL AND TAB EACH SECTION AND NUMBER THE PAGES.

1. FIRM INFORMATION, QUALIFICATIONS AND EXPERIENCE

A. Provide the following information on your company/firm:

• When was your organization established/founded?

• Include a narrative of your company’s relative work experience that includes a statement demonstrating your company’s ability to meet performance criteria.

• How long has your organization offered group employee benefit consulting services?

• Describe your experience working with public sector employer group clients.

• What percentage of your firm’s current clients are public sector organizations?

B. Provide a resume of the proposed company representative(s) who would be assigned to our account and will work with SMART on a regular basis.

C. Present a detailed explanation or demonstration (e.g. website access) of innovative programs/services you offer. Include information on continuous, regular updates on benefit plans. Describe your ability to provide information about legislative and regulatory requirements and changes, including support and guidance pertaining to the ACA. Provide samples reflecting current articles/items of interest.

D. Discuss your firm’s familiarity with organizations that function through collective bargaining agreements. How will your organization assist SMART in developing plan design strategies and modeling for collective bargaining sessions? Describe your proposed account team’s experience assisting other Michigan employers in this area, particularly those that engage in collective bargaining.

E. Provide examples of your experience related to reviewing and recommending alternatives in relation to retiree plans. Thoroughly explain your proposed account team’s experience assisting other Michigan employers in this area.

F. Describe your compliance advisory process. Explain your ability to monitor regulatory and legislative developments in such areas as PPACA, ADA, FMLA, HIPAA, IRS CODE Section

125, COBRA and other benefit compliance issues, including statutes, rules and regulations on the federal and state level, that may impact the benefits we provide, etc. Do you have a dedicated compliance expert? What percentage of that individual’s time is dedicated to research and compliance matters.

Also discuss your firm’s monitoring state laws that impact Michigan public employers.

G. Healthcare reform is a challenging law with many moving parts and continuously changing regulations/rules. Describe the steps your organization has taken to ensure compliance and knowledge to both your own employees and the clients you service.

H. Provide at least five (5) current client references in Michigan with contact names, title, phone numbers and email addresses. Public sector references are preferred.

I. For each item below, briefly describe your organization’s experience working with other companies:

• Benefit plan design, cost, trends and benchmarking

• Regulatory compliance assistance including PPACA, COBRA and HIPAA

• Financial analysis and self-insured rate development

• Section 125 Flexible Spending Account

• Medicare Part D Drug Subsidy

• Life Insurance and Accidental Death & Dismemberment Insurance

• Short-Term Disability and Long-Term Disability

J. Please provide a copy of your professional liability or errors and omissions insurance, certificate of insurance, or insurance policy declarations page.

K. Describe your firm’s experience working with Michigan Public Acts 106, 54, 152, and 142.

L. Does your organization have at least five (5) years’ experience providing benefits consulting services to public sector groups? The answer shall include the following:

a. Key Personnel who have provided benefits consulting services to at least one (1) large public employer providing health care benefits to 800 or more employee and 300 or more retirees in the last five (5) years?

b. The ability to provide Retiree Drug Subsidy (RDS) Collection Services?

M. SMART’s population is comprised of unions, collective bargaining agreements, pre-Medicare retirees, and Medicare retirees. Familiarity with similarly structured groups is important.

Describe your relevant experience with Michigan health care employers with a similar composition.

N. Please describe your firm’s experience/relationship with CMS? on any prior re‐openings in which your firm was involved.

O. Please provide your firm’s experience regarding compliance with federal regulations on re‐ openings.

P. Please describe your firm’s experience working with employer and/or retiree groups that are fully insured and do not mandate Medicare.

Q. Describe the steps your firm will take in assisting SMART’s Medicare Part D Retiree Drug

Subsidy (RDS) program administration and subsidy submission process to provide assurance that this process is efficient, effective, and functioning as intended

R. Describe how your firm will conduct the comprehensive RDS prescription drug data technical analysis? If exceptions are identified, describe how your firm will process and reconcile any exceptions.

S. Please describe the steps that your firm will take in conducting the Medicare Part D

Creditable Coverage Notice (CCN) compliance.

T. How will your organization identify any eligibility records from prior RDS submissions that were excluded and need to be added or others that need to be removed from the Covered

Retiree Lists ‐based on the CMS/RDS guidelines ‐ please describe the actions you will take to correct/update the City’s eligible retiree list.

U. If your audits warrant a reopening of closed RDS applications, describe how your firm will complete this process?

V. Provide details how your organization will provide data aggregation services, where required.

W. Whether you provide these retiree drug subsidy services in house or utilize a third party organization, please clearly describe your proposed plan to ensure these services will continue to be provided to SMART.

▪ Whether you provide these services in house or through a third party, clearly describe how these services are charged to SMART. Describe the charges for

RDS administration, aggregation, and reporting. Do you and/or your third-party vendor charge a percentage of the retiree drug subsidy as payment to provide these services? If so, clearly explain the cost structure in this section.

2. SERVICES AND FEES

Please submit a fee-based quote that reflects inclusive pricing for all services listed in this request for proposal. At SMART’s discretion compensation may be made through fee or commission or some combination thereof. Please note that SMART is considered an Orphan Group by BC/BS and therefore BC/BS commissions are currently not obtainable. No commissions are currently allowed by SMART for any line of employee benefit coverage.

A. As a yearly service:

• Benefit cost and health plan analysis including financial analysis for benefit changes

• Contract Renewals

• Bids/RFP support, to include assistance with RFP creation, proposal review, analysis and recommendations(s)

• Renewal analysis and budget support

• Collective bargaining assistance, if required

• Retirement program review, if required

• Federal and Michigan compliance support and guidance

• Retiree drug subsidy services Whether you provide these services in house or through a third party, describe in detail how these services are charged to SMART. Describe the charges for RDS administration, aggregation, and reporting. Do you and/or your third-party vendor charge a percent of the retiree drug subsidy as payment to provide these services?

Explain the cost structure in this section.

B. As part of ongoing services:

Monthly retainer and/or hourly fee to cover basic consultation pertaining to benefit questions and issues.

C. Commission for insurance products: All commission and fees must be disclosed.

D. SMART currently contracts with the following list of service providers/carriers.

Please provide your experience with each of these service providers. Include information on whether compensation is paid directly from these companies to your firm.

* BCN * Delta Dental of Michigan

* BCBSM * The Hartford

* HAP * MERS

E. Proposals must include a clearly understandable schedule of charges for all duties performed.

DISCLOSURES

1. Has your company or its employees been investigated by any state or federal regulatory, or law enforcement agency, in the last ten years? If yes, describe in detail, the substance and results of such investigation.

2. Has your company or its employees been a party to any lawsuit, including suits involving misfeasance or professional negligence, within the last ten years. If yes, please describe the substance and results of each suit.

Premium quotations and/or alternative insurance plan solicitation are not being accepted at this time.

SMART specifically requests that no contact or solicitation with insurance companies be made on its behalf and that no insurance market reservations are made by or for any respondent, with respect to any product/services to be provided for SMART. Failure to comply with this request will be grounds for disqualification of your firm.

2.00 SOLICITATION PROCEDURES

2.01 Solicitation Schedule

Pre-Proposal Conference (if applicable) (Section 2.02): N/A

Requests for Clarification and Communications and Approved Equal Deadline (Section 2.03):

August 20, 2025, 3:00 PM, ET

Proposal Due Date and Time (Section 1.01): September 10, 2025, 3:00 PM, ET

2.02 Pre-Proposal Conference

A Pre-Proposal Conference (including a site visit if applicable) will be held on the above date and time at . The project will be discussed at the meeting; however, no statements should be viewed as modifications to the RFP unless issued as addenda. Attendance is encouraged, but is not mandatory.

A Pre-Proposal Conference will not be held.

2.03 Offeror Communications

During the solicitation process, all forms of contact and correspondence in regard to any aspect of this solicitation shall only be with the Purchasing Agent identified in Section 1.01. Further, this

Offer must be made based upon an independent price determination, and Offeror shall not have communications with others for the purpose of restricting competition. Any alleged breach of this Section may, at SMART’s sole discretion, result in the rejection of the breaching Offeror’s proposal and reporting of such conduct to any applicable governing authorities.

At any time before the Requests for Clarification, Communications and Approved Equals Deadline

(See Section 2.01), the Offeror may request a clarification, interpretation, or further explanation of any portion of this RFP. All such requests shall be done on Requests for Clarification, Communications and Approved Equals form(s), as provided in Section 3.04.

Offerors may also request approval of an item that deviates from the specifications stated in the Scope of Work. Whenever brand, manufacturer, or product names are used, they are included for the purpose of establishing a description of the item. This inclusion is not advocating or prescribing the use of a particular brand, item, or product. Whenever such names appear, requests for approved equal substitutions will be considered. Vendor's request for approved equals shall include all aspects of product which would document the products’ salient features.

All such Requests for Clarification, Communications and Approved Equals along with SMART’s response(s) will be issued as addenda and made available to all prospective bidders. Approval, denial, and any other response(s) to requests are in the sole discretion of SMART.

2.04 Addenda to the RFP

SMART reserves the right to amend the RFP at any time prior to the Proposal Due Date. Any such amendments will be issued as addenda to the RFP, and will become part of the RFP. Addenda will be posted exclusively on the MITN website, www.mitn.info. All Offerors shall acknowledge the receipt of all addenda in their proposal. Failure to do so may result in the rejection of an Offeror’s proposal, at SMART’s sole discretion.

2.05 Proposal Content Requirements And Proposal Submission

Offerors must precisely follow all of the instructions of the RFP. All proposals must include the entire RFP document, as the combination of the RFP and the Offeror’s response form the Contract.

Failure to conform to all content and packaging requirements may result, at SMART’s sole discretion, in rejection of an Offeror’s proposal. Proposals shall be submitted in two separately sealed packages, marked “TECHNICAL PROPOSAL” and “PRICING PROPOSAL”. Electronic submission only. Email attachments shall contain RFP all pages and required documents. The company financials shall be sent as a separate email. The required contents of each package are described below:

TECHNICAL PROPOSAL

The Technical Proposal must include all information necessary for SMART to evaluate both the Offeror, and the Offeror’s proposal. It must include the entire RFP document and all issues of responsibility and responsiveness, as set out in Section 2.08, “Qualification Requirements”, and Section 2.09, “Evaluation Criteria”. Additionally, all required (non-pricing) forms, and any Deviation forms related to the Technical Proposal, shall be included and properly completed.

PRICING PROPOSAL

The Pricing Proposal shall include all information necessary for SMART to evaluate the Offeror’s proposed pricing, including any necessary supporting data. All required (pricing-related) forms including forms 3.01, 3.02 and 3.03, and any Deviations related to the Pricing Proposal, shall be included and properly completed.

Instructions for Electronic Submission:

All proposals in response to this solicitation issued by Suburban Mobility Authority for Regional Transportation (SMART), must be submitted electronically via Bidnet Direct (MITN) at www.bidnetdirect.com or by email at bids@smartbus.org by September 10, 2025, 3:00 PM, ET.

Physical submissions will not be accepted.

Vendors must be registered with Bidnet Direct to view, download, and submit bids/proposals/quotes should they choose to use Bidnet Direct for their submission. Registration is available at no cost at the following link: www.bidnetdirect.com.

If a vendor uses Bidnet Direct, it is the sole responsibility of each vendor to ensure that its electronic bid submission is completed and successfully uploaded to Bidnet Direct prior to the submission deadline indicated in the solicitation. Late submissions will not be accepted.

By submitting a proposal through Bidnet Direct, the vendor agrees to all terms and conditions of the solicitation and the electronic submission process.

For technical support with the Bidnet platform, vendors may contact Bidnet Direct at support@bidnet.com or call 800.835.4603.

SMART will also accept email submissions. See below for email submission instructions:

1. Email to: bids@smartbus.org

2. Subject Line: SMART RFP #26-4307 Response – COMPANY NAME http://www.bidnetdirect.com/ http://www.bidnetdirect.com/ mailto:support@bidnet.com

3. Please number all pages of your document.

4. If your submission requires more than one email, please include behind your company name “Email 1 of 2” or “Email 2 of 2,” whatever applies.

5. Please note, all requirements and due date requirements will remain in place. Your electronic submission must arrive in the bids@smartbus.org email by 3:00 PM ET, September 10, 2025, should you choose to email your submission.

If any issues should arise when submitting your bid, contact the purchasing agent via email at mbouchard@smartbus.org at least 2 hours prior to the cut off time. If you do not receive receipt acknowledgement of your submission, please contact the purchase agent.

2.06 Modification or Withdrawal of Proposals

A modification of a proposal already received will be accepted by SMART only if the modification is received prior to the proposal Due Date, is requested by SMART, or is made in response to a request for revised proposals. All modifications shall be made in writing and executed and submitted in the same form and manner as the original proposals.

An offeror may withdraw a proposal prior to the proposal Due Date by submitting to SMART a written request for withdrawal executed by the offeror’s authorized representative. The withdrawal of a proposal does not prejudice the right of an offeror to submit another proposal within the time set for receipt of proposals.

2.07 Proposal Evaluation, Negotiation, and Selection

Proposals will be evaluated, negotiated, and selected using the criterion and processes explained herein. In addition to disqualifying proposers and/or proposals based upon this process, SMART may, in its sole discretion, reject any or all proposals or Offerors for any reason. Additionally, offerors are hereby on notice that the lowest dollar cost bidder may not always be awarded a contract. Any and all Deviations, Clarifications, reservations, and additional or contradictory terms included in a bid may result in its rejection, at SMART’s sole discretion. SMART also reserves the right to waive any defects or irregularities in any proposal, or to request that an Offeror provide any missing information and make corrections.

2.08 Qualification Requirements

Bids are first evaluated, as a threshold requirement to conduct business with SMART, to determine the responsibility of Offerors. If it is found that an offeror does not meet these requirements, that offeror is deemed non-responsible and their Bid will be excluded from consideration for Bid award. This determination is made in the sole discretion of

SMART. Responsibility requirements are as follows:

A. Sufficient financial strength and resources and capability to finance the work to be performed and complete the contract in a satisfactory manner as measured by one of the following:

1. Offeror's financial statements prepared in accordance with United States Generally

Accepted Accounting Principles (GAAP) and audited or reviewed by an independent certified public accountant authorized to practice in the jurisdiction of either SMART or the offeror. If offeror does not have audited or reviewed financial statements, offeror may provide complete copies of the prior two year’s signed federal tax returns.

2. Willingness of any parent company to provide the required financial guaranty evidenced by a letter of commitment signed by an officer of the parent company having the authority mailto:mbouchard@smartbus.org to execute the parent company guaranty as evidenced by a Corporate Resolution of the Parent Company. Such letter of commitment must be accompanied by the parent company’s financial statements prepared in accordance with United States Generally Accepted Accounting Principles (GAAP) and audited or reviewed by an independent certified public accountant.

It should be noted that this information is requested for internal evaluation purposes only, and like any other information which forms part of a proposer's submission, it will be held in strict confidence. However, once a proposer is selected, some or all the information submitted may be subject to the Freedom of Information Act, unless it qualifies as an exemption. If you would like anything kept confidential, please mark the materials as such.

Those materials will be returned to any proposers not selected. The materials of the selected vendor must be kept on file with SMART as part of the contract, however, in the event of a FOIA request, SMART will promptly notify the vendor and allow it the opportunity to seek judicial relief.

B. Evidence that the human and physical resources of the Offeror are sufficient to perform the Contract as specified and assure delivery of all equipment and/ or services within the time specified in the Contract. Examples of ways to demonstrate this are as follows:

1. Evidence of sufficient personnel staffing levels with sufficient skills, training, expertise, to complete the Contract as required and satisfy any circumstances that may arise during the Contract;

2. Evidence of sufficient equipment to complete the Contract as required and satisfy any circumstances that may arise during the Contract.

C. Evidence of satisfactory performance and integrity on past and current contracts.

Examples of ways to demonstrate this are as follows:

1. References from past and current clients;

2. Awards and accolades based upon similar past and current projects;

3. Prior contractual successes with SMART.

D. Compliance with all Equal Employment Opportunity laws and regulations. This may only be evidenced by proper completion of Form 3.06, “EEO / Affirmative Action Compliance”.

2.09 Evaluation Criteria

If a proposal has been determined to meet all Qualification Requirements and is not otherwise rejected, it is then evaluated based upon pricing and Evaluation Criteria for determining the competitive range or selection of a proposal for potential award.

Any and all Deviations, Clarifications, reservations, and additional or contradictory terms included in a proposal that did not result in rejection will be evaluated in this Section according to what evaluation criteria they affect.

Based on relative order of importance:

• Negotiation Expertise

• Relevant Experience and Qualifications of the Firm

• Price

• Understanding of Compliance of applicable federal, state, and local regulations

• References

2.10 Determination of the Competitive Range

If proposal evaluation as explained in Section 2.08 and Section 2.09 does not provide sufficient information for SMART to select a proposal for potential award, SMART may, at its sole discretion, establish a competitive range of proposals for further discussion with SMART.

Proposals Not Within the Competitive Range

Proposals that have been determined to be outside of the competitive range, and unable to be made within the competitive range at SMART’s discretion, will be excluded from further evaluation and will not be considered for award.

Proposals within the Competitive Range

The Offerors who are found by SMART to be within the competitive range, or whose proposals may be made to be within the competitive range (at SMART’s discretion), will be notified in writing.

SMART will then undertake to further evaluate the remaining Offerors through interviews, requests for clarifications, site visits, or any other analysis determined by SMART to be probative of the

Offeror’s ability to perform the Contract.

Any and all Deviations, Clarifications, reservations, and additional or contradictory terms included in a proposal may be negotiated at this time. Failure to come to a resolution acceptable to SMART may result in the rejection of that proposal from further consideration, at SMART’s sole discretion.

No information, financial or otherwise, will be provided to any Offeror about any of the proposals from other Offerors within the competitive range during this process, and Offerors will not be told of their rankings in relation to other Offerors.

2.11 Best and Final Offers (BAFO)

After further evaluation of the competitive range has been completed, each Offeror in the competitive range may be afforded, at SMART’s sole discretion, the opportunity to amend its proposal and make its BAFO. SMART may also use the BAFO process, in the issuance of a Request for Revised Proposals, to clarify, modify, delete, or add work or terms to any portion of the RFP.

Any modifications to the initial proposal made by an Offeror shall be clearly identified in its BAFO.

SMART will make any appropriate adjustments to the initial evaluation scores for any criteria which have been affected by modified or supplemental information supplied in the BAFO.

2.12 Notice of Intent to Award, and Contract Award

Once SMART has determined the Offeror to which it intends to award the Contract, a Notice of Intent to Award letter will be sent to that Offeror requesting all Required Submissions, which are listed in Article 5.00. Failure to submit satisfactory documents within ten (10) business days may result, at SMART’s sole discretion, in the contract being awarded to an alternative offeror. These documents must be accepted prior to initiation of work under the Contract. The Notice of Intent to Award does not bind SMART, and is not an acceptance of the Offer.

The acceptance of an Offer for award, if made, shall be evidenced only by a fully executed Offer and Award Form, Form 3.03, delivered in person, by mail, or electronically to the Offeror whose

Offer is accepted. No other act by SMART shall evidence acceptance of an Offer. Such notice shall obligate said Offeror to commence performance under the Contract.

2.13 Protests

Interested parties that believe they have been aggrieved by solicitation, or the award of any resulting contract may file a written notice of protest with the General Manager of SMART. This must be via certified mail, with a copy served upon SMART’s General Counsel in the same manner.

The General Manager or their designee shall review and determine the merits of any such protest.

The General Manager may, at their sole discretion, schedule a hearing on the protest and/or receive evidence or legal argument from any interested party, but shall not be bound by the rules of evidence nor formal procedure. The General Manager shall issue their conclusion to the protesting party in writing via certified mail and shall also advise the SMART Board of Directors.

An “interested party” is a party that is an actual or prospective bidder or offeror whose direct economic interest would be affected by the award or failure to award the contract at issue. A subcontractor is not an interested party.

Protests addressing the adequacy of the solicitation process, and all solicitation documents, must be received by the General Manager no later than five (5) business days before the Proposal Due

Date (See Section 1.01). Notice of protest of the award of a solicitation must be received by the General Manager no more than five (5) business days after the SMART Board of Directors has authorized the General Manager to award a contract(s) for that solicitation. Failure to adhere to these time limitations will result in the protested issue(s) being waived by all parties. All determinations made by the General Manager are final.

2.14 Effect of Termination or Suspension of Contractor on Other Contractor and Bidders

In the event the primary vendor is suspended or terminated, SMART reserves the right in its sole discretion to make the secondary vendor the primary vendor or to contract with a different contractor that either previously bid in response to this solicitation or through other contracting procedures consistent with SMART’s contracting policy to be the primary vendor. SMART has the sole discretion to follow these same procurement procedures if the secondary vendor is terminated or suspended and SMART chooses to replace the secondary vendor.

3.00 REQUIRED FORMS AND SUBMISSIONS

Forms 3.01-3.09. must be completed and included in the Offeror’s Response to the Proposal, even though some may not seem to apply to this solicitation. Failure to complete any of these forms may result, at SMART’s sole discretion, in the rejection of that proposal. Forms 3.01, 3.02, and

3.03 shall be submitted with the Price Proposal. The remaining forms shall be submitted with the Technical Proposal.

Article 5.00, Required Submissions for Selected Vendor after Notice of Intent to Award, details all submissions the successful Offeror must produce before being awarded the Contract. When

SMART has chosen an Offeror to which it intends to award the Contract, a Notice of Intent to Award letter, see Section 2.12, will be sent to the recommended vendor and will require all submissions prior to the award of the Contract.

3.01 Pricing Schedule

The Offeror hereby offers to furnish to SMART all goods and/or services at the prices as proposed below, pursuant to all requirements, terms, and conditions as stated in the RFP and response. Rates provided must be inclusive of all costs and fees, including but not limited to those fees imposed by Federal, State, and local governments. No additional fees will be accepted.

Alternative pricing schemes may be proposed provided that they are in addition to a base proposal, and shall be included with the Pricing Proposal.

Pricing shall be firm fixed for the entire contract. Pricing shall be valid for 150 days after due date.

SMART intends to award one vendor, but reserves the right to make multiple awards if in the best interest of SMART.

Provide a firm-fixed flat fee price proposal for each year of the contract for all the services requested in the solicitation:

Alternatively, SMART may elect to award only a portion of the services requested in the solicitation.

Submit proposal pricing for each year of the contract for the following services:

Firm-fixed flat fee price for General services

Year 1 $

Year 2 $

Year 3 $

Year 4, Option Year 1 $

Year 5, Option Year 2 $

Firm-fixed flat fee price for all services included in the solicitation

Year 1 $

Year 2 $

Year 3 $

Year 4, Option Year 1 $

Year 5, Option Year 2 $

Firm-fixed flat fee price for Medicare Part D services

Year 1 $

Year 2 $

Year 3 $

NAME OF OFFEROR: __________________________________

Firm-fixed flat fee price for Retiree services

Year 1 $

Year 2 $

Year 3 $

Year 4, Option Year 1 $

Year 5, Option Year 2 $

Firm-fixed flat fee price for Michigan Public Act 106 of 2007 services

Year 1 $

Year 2 $

Year 3 $

Year 4, Option Year 1 $

Year 5, Option Year 2 $

Firm-fixed flat fee price for Cost Containment services

Year 1 $

Year 2 $

Year 3 $

3.02 Acknowledgement of Addenda

Addenda are published on the Michigan Intergovernmental Trade Network website, www.mitn.info. Failure to acknowledge all addenda may result in rejection of any such proposal, at SMART’s sole discretion.

The Offeror acknowledges receipt of the following addenda. If the RFP 26-4307 did not have any addenda, please submit this form filled out as “NOT APPLICABLE”.

Addendum Number __________________, Dated _______________

Name of Offeror: ____________________________

Signature Of

Authorized Signer: _______________ __________

Name And Title of Offeror’s Authorized Official: ________________________________________ http://www.mitn.info/

3.03 Offer and Award

By executing below, the Offeror hereby offers to furnish equipment and services as proposed, pursuant to all requirements, terms, and conditions as stated in the RFP and response, and incorporated in SMART’s Request for Proposal No. 26-4307 Offeror stipulates that all terms of the Contract are negotiated, and that the consideration for this Contract is real and not merely a recital. This Contract is valid and enforceable with electronic, facsimile, and mechanically reproduced signatures, and if separately countersigned. This

Offer shall remain open and valid until the award of this Contract, or until the withdrawal of this solicitation, whichever is greater.

Offer: Company Name: _________________________

Street Address: _________________________

City, State, Zip: _________________________

Legal Entity (Check One): ☐Individual / Sole Proprietor

☐C Corporation

☐S Corporation

☐Partnership

☐Trust / Estate

☐Limited Liability Company

State of Incorporation: _________________________

Tax ID Number: _________________________

Name of Authorized Official: _________________________

Signature of Offeror’s Authorized Official: _________________________

Title of Offeror’s Authorized Official: _________________________

Date: _________________________

By executing below, SMART accepts the Offer as indicated above.

Award:

Name and Title of SMART Official

Signature Date

3.04 Requests for Clarification, Communications and Approved Equals

This form must be used for clarification, communications, and approved equals requests. This form must be submitted by the Requests for Clarification, Communications and Approved Equals Deadline as noted in Section 2.01. Each request must be submitted on a separate form. Multiple requests on the same form will not be answered. Attach additional pages if necessary. If Offeror has no Requests for Clarification, Communications or Approved Equals, please submit this form filled out as “NOT APPLICABLE”.

RFP Control Number: _____ Request Number: ____________

Request for Clarification, Communication, or Approved Equal regarding RFP Section: __________

Clarification, Communication, or Approved Equal:

NAME OF OFFEROR: ____________________________

SMART Response:

3.05 Proposal Deviation

This form must be completed for each condition, exception, reservation, understanding, additional or contradictory terms, etc. (i.e. deviation) in Offeror’s proposal. Any and all deviations and rationale must be explicitly stated so that they may be properly evaluated. Deviations which SMART finds ambiguous, unfavorable, or unacceptable may result in lowered proposal evaluation scoring, or may result in the rejection of the proposal, at SMART’s sole discretion. Copies of this form must be submitted for each deviation. Attach additional pages if necessary. If Offeror has no Proposal Deviations, please submit this form filled out as “NOT APPLICABLE”.

RFP Control Number: 26-4307 Deviation Number: __________

Deviation Regarding RFP Section: _________________

Deviation:

Reason for deviation:

NAME OF OFFEROR: ____________________________

3.06 EEO / Affirmative Action Compliance

SMART only conducts business with Offerors who are Equal Opportunity Employers. Offerors must complete this form regarding compliance. Offerors must comply with SMART’s nondiscrimination requirements as set forth in Section 4.07, “Nondiscrimination.”

Additionally, certain contractors that are awardees of federally-funded contracts are required to file affirmative action plans with government agencies as set forth in 41 C.F.R. Chapter 60 for purposes of compliance with the

Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. Please note that while Offeror may receive funds from, and provide transit-related employees to, other FTA direct and sub-recipients, this should not be considered when answering the questions below. To assist SMART in determining whether Offeror is required to have such a plan on file, please answer the following questions:

1. Does Offeror employ over fifty (50) transit-related employees1 to fulfill duties for SMART’s federally-funded transit projects? ____ Yes ____ No

2. Has Offeror completed in excess of $1,000,000 in contracts with SMART in the past year? ____ Yes ____ No

If Offeror answered “Yes” to both questions, please provide SMART with a copy of your Affirmative Action Plan and state below which government agency currently has Offeror’s Affirmative Action Plan on file:

Offeror hereby affirms compliance with all Equal Employment and applicable Affirmative Action requirements as required by law and as set forth herein.

Name of Offeror: _________________________

Signature of Offeror’s Authorized Official: _________________________

Name and Title of Offeror’s Authorized Official: _________________________

Date: _________________________

Should you have any questions or concerns regarding the completion of this form, or compliance provisions set forth herein, please contact:

Candice Fowler, Civil Rights and External Drug and Alcohol Compliance Manager

SMART

Buhl Building, Suite 600

535 Griswold Detroit, MI 48226

Phone: (313) 223-2167

1 “Transit-related employee” refers to an employee of an FTA applicant, recipient, subrecipient, or contractor who is involved in any aspect of an agency’s (i.e., SMART’s) public transit operation funded by

FTA. 49 CFR 4704.1a Sections 1.4 and 1.6.

3.07 Reserved

3.08 Debarment and Suspension Certification

Certification of Primary Participation Regarding Debarment, Suspension and Other Responsibility Matters

Offeror certifies, to the best of its knowledge and belief, that it and each of its principals:

1. Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any Federal department or agency;

2. Has not, within the preceding three years, been convicted of or had a civil judgment rendered against him, her for or it commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of

Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty;

3. Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity

(Federal, State, or local) with commission of any offense described in paragraph 2 of this certification;

4. Has not, within the preceding three years, had one or more public transactions (Federal, State, or local) terminated for cause or default.

The certification in this clause is a material representation of fact relied upon by SMART. If it is later determined that the bidder or proposer provided an erroneous certification, in addition to remedies available to SMART to terminate or suspend the contract arising from this solicitation, the Federal

Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 48 C.F.R. Part 9 and 2 C.F.R. Part 180 and any other disclosures required in this Section while this offer is valid and throughout the period of any contract that may arise from this offer, and has the affirmative obligation to notify SMART in writing to the contracting officer and the SMART General Manager by Certified

Mail, of any events or circumstances that come into existence that would necessitate a change in, or a withdraw of, the certifications set forth in this section. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

Signature of Offeror’s Authorized Official: _____________________________

Name and Title of Offeror’s Authorized Official: _____________________________

Date: _____________________________

3.09 Conflict of Interest Certification

Conflict of Interest Certification

No employee, officer or member of the Board of Directors of SMART shall solicit or be a party, directly or indirectly, to any contract between him/herself and any firm of which he/she is a partner, member or employee. Kinship shall extend to all parents, children, grandparents, grandchildren, uncles, aunts, first cousins, nephews or nieces whether related by marriage or blood.

The contractor shall indicate below the names and kinship between the officers and/or principal beneficiaries of the firm bidding on this solicitation and any SMART employee, officer or board member who may exercise any discretion over the letting, evaluating, awarding or administering of this solicitation and resulting contract:

PLEASE INDICATE ANY RELATIONSHIPS BELOW. IF NONE EXIST, please submit this form filled out as “NOT APPLICABLE”.

Name_________________________________________ Kinship________________________

Name of Offeror: _____________________________

Signature of Offeror’s Authorized Official: _____________________________

Name and Title of Offeror’s Authorized Official: _____________________________

Date: _____________________________

4.00 GENERAL CONTRACTUAL PROVISIONS

This Article contains terms and conditions of the Contract.

4.01 Contract, Contract Documents, and Conflicts

The documents (including portions of the RFP), and materials incorporated therein, listed below constitute the complete contract (referred to throughout the solicitation as the “Contract”) between SMART and the Offeror. This Contract contains the entire agreement of the parties, and supersedes all prior negotiations, agreements, conversations, communications, and any other understandings with respect hereto.

The Contract consists of:

1. Amendments, if applicable

2. Best and Final Offer, if applicable

3. Addenda, if applicable

4. Introduction and Statement of Work (Article 1.0)

5. General Contractual Provisions (Article 4.0)

6. All other Articles and Sections of the RFP, as issued

7. Offeror Proposal

All requirements and duties of the Contract issued by SMART are independent and shall augment any other similar requirements and duties stated herein. If any direct conflict among the requirements and duties of the Contract arises, the order of precedence shall be as listed above.

Contractor shall not cause SMART to breach the Master Agreement for Public Transit Contracts between the Michigan Department of Transportation and SMART (“MDOT Master Agreement”). For any Contract utilizing funds from the Michigan Department of Transportation, the terms and conditions of the MDOT Master Agreement shall be incorporated by reference.

4.02 Amendments

Amendments to this Contract are valid only if in writing and signed by the SMART Procurement

Manager and an authorized representative of the Contractor. Notwithstanding, no amendments to this Contract are valid that are in violation of applicable laws, regulations, or SMART Board Policy.

4.03 Change Orders

SMART reserves the right to require alterations in, additions to and deductions from the work initially contemplated in the formation of the Contract without rendering void the Contract. All work shall be described in a written Change Order signed by the SMART Procurement Manager.

The contractor shall submit a detailed technical proposal for the amended requirements within 30 days if necessary, as determined by SMART. If the Contractor determines that any pricing changes will result from the Change Order, it shall be treated as a request for an amended pricing schedule and Contractor shall not proceed with the modified work until authorized by SMART. Amended pricing information shall be submitted with all backup documentation within 30 days. The proposed technical proposal and, if applicable, pricing schedule, shall be accepted or modified by negotiation.

Disagreements arising under this Section that cannot be resolved by negotiation may result, at

SMART’s sole discretion, in a Termination for Default (See Section 4.14) of the…