68-SEAAESA0524.pdf

STATE OF NORTH CAROLINA

University of North Carolina

Request for Proposal #: 68-SEAAESA0524

ESA+ Digital Wallet Technology

Date of Issue: May 2, 2024

Proposal Opening Date: May 28, 2024

At 3:00 PM EDT

Direct all inquiries concerning this RFP to:

Bob Myers

Purchasing and Contract Analyst https://forms.gle/bPcM6Gjiho3yxyh16

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STATE OF NORTH CAROLINA

Request for Proposal #

68-SEAAESA0524

For internal State agency processing, including tabulation of proposals, provide your company’s eVP (Electronic Vendor Portal) Number. Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public.

This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection.

This page shall be filled out and returned with your proposal.

Failure to do so may subject your proposal to rejection.

Vendor Name

Vendor eVP#

Note: For a contract to be awarded to you, your company (you) must be a North Carolina registered vendor in good standing. You must enter the vendor number assigned through eVP (Electronic Vendor

Portal). If you do not have a vendor number, register at https://vendor.ncgov.com/vendor/login

Electronic responses ONLY will be accepted for this solicitation.

https://vendor.ncgov.com/vendor/login

Proposal Number: 68-SEAAESA0524 Vendor: __________________________________________

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Refer ALL Inquiries regarding this RFP to:

Bob Myers Purchasing and Contract Analyst https://forms.gle/bPcM6Gjiho3yxyh16 rbmyers@northcarolina.edu

Request for Proposal #: 68-SEAAESA0524 Proposals will be publicly opened: May 28, 2024, at 3 p.m. EDT

Using Agency: State Education Assistance Authority

Commodity No. and Description: 64102001 – Education Savings Accounts

Requisition No.:

EXECUTION

In compliance with this Request for Proposals (RFP), and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein.

By executing this proposal, the undersigned Vendor understands that false certification is a Class I felony and certifies that:

this proposal is submitted competitively and without collusion (G.S. 143-54), none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and it is not an ineligible Vendor as set forth in G.S. 143-59.1.

Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor’s knowledge and belief, that:

it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency.

As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system.

As required by Executive Order 24 (2017), the undersigned vendor certifies will comply with all Federal and State requirements concerning fair employment and that it does not and will not discriminate, harass, or retaliate against any employee in connection with performance of any Contract arising from this solicitation.

G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public contracts; or awarding or administering public contracts; or inspecting or supervising delivery of the public contract of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor is not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

By executing this proposal, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL TERMS AND CONDITIONS incorporated herein. These documents can be accessed from the ATTACHMENTS page within this document.

Failure to execute/sign proposal prior to submittal may render proposal invalid and it MAY BE REJECTED. Late proposals shall not be accepted.

COMPLETE/FORMAL NAME OF VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO:

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #21):

STATE OF NORTH CAROLINA

University of North Carolina file://ncseaa.edu/dfs/General%20Counsel's%20Office/Grants,%20Training%20&%20Outreach%20(GTO)/K12%20PROGRAMS/RFPs/ESA+%20Vendor%202024/rbmyers@northcarolina.edu

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PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER:

VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL:

VALIDITY PERIOD

Offer shall be valid for at least sixty 60 days from date of bid opening, unless otherwise stated here: ______ days, or if extended by mutual agreement of the parties in writing. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this RFP.

ACCEPTANCE OF PROPOSAL

If your proposal is accepted, all provisions of this RFP, along with the written results of any negotiations, shall constitute the written agreement between the parties (“Contract”). The NORTH CAROLINA GENERAL TERMS AND CONDITIONS are incorporated herein and shall apply. Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed.

FOR STATE USE ONLY: Offer accepted and Contract awarded this________ day of __________, 20____, as indicated on

The attached certification, by ____________________________________________________________________.

(Authorized Representative of the State Education Assistance Authority)

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Contents

1.0 PURPOSE AND BACKGROUND

1.1 CONTRACT TERM

2.0 GENERAL INFORMATION

2.1 REQUEST FOR PROPOSAL DOCUMENT

2.2 E-PROCUREMENT FEE

2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS

2.4 RFP SCHEDULE

2.5 PROPOSAL QUESTIONS

2.6 PROPOSAL SUBMITTAL

2.7 PROPOSAL CONTENTS

2.8 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS

3.1 METHOD OF AWARD

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

3.3 PROPOSAL EVALUATION PROCESS

3.4 EVALUATION CRITERIA

3.5 PERFORMANCE OUTSIDE THE UNITED STATES

3.6 INTERPRETATION OF TERMS AND PHRASES

4.0 REQUIREMENTS

4.1 PRICING

4.2 INVOICES

4.3 PAYMENT TERMS

4.4 FINANCIAL STABILITY

4.5 HUB PARTICIPATION

4.6 VENDOR EXPERIENCE

4.7 REFERENCES

4.8 BACKGROUND CHECKS

4.9 PERSONNEL

4.10 VENDOR’S REPRESENTATIONS

4.11 AGENCY INSURANCE REQUIREMENTS MODIFICATION

5.0 SPECIFICATIONS AND SCOPE OF WORK

5.1 GENERAL

5.2 SYSTEM REQUIREMENTS

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5.3 TASKS/DELIVERABLES/ACCEPTANCE OF WORK

5.4 PROJECT ORGANIZATION

5.5 TECHNICAL APPROACH

6.0 CONTRACT ADMINISTRATION

6.1 CONTRACT MANAGER AND CUSTOMER SERVICE

6.2 POST AWARD PROJECT REVIEW MEETINGS

6.3 CONTINUOUS IMPROVEMENT

6.4 WEEKLY STATUS REPORTS

6.7 TRANSITION ASSISTANCE

6.8 DISPUTE RESOLUTION

6.9 CONTRACT CHANGES

7.0 ATTACHMENTS

ATTACHMENT A: PRICING

ATTACHMENT B: INSTRUCTIONS TO VENDORS

ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS

ATTACHMENT D: CONFIDENTIALITY AGREEMENT/WITH EXHIBIT A

CONFIDENTIALITY AGREEMENT

STATE EDUCATION ASSISTANCE AUTHORITY

ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION

ATTACHMENT I: VENDOR PROFILE

1.0 PURPOSE AND BACKGROUND

Beginning with the 2022-2023 school year, the North Carolina General Assembly consolidated its scholarship programs for eligible elementary and secondary school students with disabilities into one program pursuant to Article 41 of Chapter 115C of the North Carolina General Statutes, the Personal Education Student Accounts for Children with Disabilities, also known as the Education Student Accounts (“ESA+”) Program. The ESA+ Program provides scholarship funds to eligible students with disabilities to attend certain nonpublic schools and to pay for certain qualifying educational expenses for those students.

The ESA+ Program currently utilizes digital wallet technology to provide electronic accounts for eligible students to use scholarship funds for certain qualifying educational expenses. Pursuant to G.S. 115C-597, the State Education Assistance Authority (“Authority”) may contract, in its administration of the ESA+ Program, with a private financial management firm or institution to manage a scholarship recipient’s personal education student account (“PESA”), which is an electronic account provided to a parent for the purpose of holding scholarship funds awarded by the Authority to be used for qualifying education expenses of the eligible student in accordance with the ESA+ Program. See:

https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_115C/Article_41.html. Payment of tuition and fees https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_115C/Article_41.html

Ver: 11/2023 5 to nonpublic schools on behalf of eligible students is primarily administered directly by the Authority so the digital wallet technology is not used for this purpose when providing scholarship funds to students and families. The digital wallet technology is only utilized for the fiscal management and payment of scholarship funds for eligible qualifying educational products and services under the ESA+ Program. For the 2023-24 school year, there were approximately __2,000_____ personal education student accounts with annual deposits totaling approximately $____$16,000,000_______________. The Authority is seeking a digital wallet technology software with the capability to work in conjunction with other technology systems used by the Authority for the ESA+ Program and the Opportunity Scholarship Program (collectively the “K12 Programs”).

The intent of this solicitation is to award an Agency Contract to a vendor that can meet the software and technological needs of the ESA+ Program with a user-friendly solution to streamline the use, management, reporting and accountability of a student’s Personal Education Student Account, as well as making it easy for parents/guardians to purchase qualifying goods and services through one easy-to navigate platform.

1.1 CONTRACT TERM

The Contract shall have an initial term of two (2) years, beginning on the date of final Contract execution (the “Effective Date”).

At the end of the Contract’s initial term, the Authority shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to a total of four (4) additional two-year terms. The Authority will give the Vendor written notice of its intent to exercise each option no later than thirty (30) days before the end of the Contract’s then-current term. In addition to any optional renewal terms, and with the Vendor’s concurrence, the State reserves the right to extend the Contract after the last active term.

Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto.

2.0 GENERAL INFORMATION

2.1 REQUEST FOR PROPOSAL DOCUMENT

This RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award, which are incorporated herein by reference.

2.2 E-PROCUREMENT FEE

ATTENTION: The E-Procurement fee may apply to this solicitation. See the paragraph entitled ELECTRONIC PROCUREMENT of the North Carolina General Terms and Conditions.

General information on the E-Procurement Services can be found at: http://eprocurement.nc.gov/.

2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS

It shall be the Vendor’s responsibility to read the Instructions to Vendors, the North Carolina General Terms and Conditions, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Vendors are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP.

If Vendors have questions or issues regarding any component of this RFP, those must be submitted as questions in accordance with the instructions in the PROPOSAL QUESTIONS Section. If the Authority determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. The Authority may also elect to leave open the possibility for later negotiation of specific provisions of the Contract that have been addressed during the question-and-answer period, prior to contract award.

Other than through the process of negotiation under 01 NCAC 05B.0503, the Authority rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s proposal or otherwise. This applies to any language appearing in or attached to the document as part of the Vendor’s proposal that purports to vary any terms and conditions or Vendors’ instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor shall include the http://eprocurement.nc.gov/

Ver: 11/2023 6 full text of any proposed modifications of the Authority’s terms and conditions or any supplemental terms and conditions to be considered by the Authority in Vendor’s proposal (i.e., Vendor shall not attempt to include Vendor’s modifications via hyperlink or reference to documents outside of Vendor’s proposal). Proposed terms and conditions must be attached as an Exhibit to Vendor’s proposal otherwise they will not be considered by the Authority and will be void as to the terms of the Parties’ contract. The Authority may negotiate with one or more responsive Vendors prior to issuing its award, or may conditionally issue its award subject to the Parties negotiation of the proposed modifications of the Authority’s terms and conditions or supplemental terms and conditions. Vendor’s proposal shall constitute a firm offer that shall be held open for the period required herein (“Validity Period” above).

The Authority may exercise its discretion to consider Vendor proposed modifications. By execution and delivery of this RFP Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded unless expressly agreed upon through negotiation and incorporated by way of a Best and Final Offer (BAFO). Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s proposal as nonresponsive.

2.4 RFP SCHEDULE

The table below shows the intended schedule for this RFP. The State will make every effort to adhere to this schedule.

Event Responsibility Date and Time Issue RFP Authority May 2, 2024 Submit Written Questions Vendor May 9, 2024, by noon EDT Provide Response to Questions Authority May 17, 2024 Submit Proposals Vendor May 28, 2024, by 3:00 PM EDT Contract Award Authority July 8, 2024 Contract Effective Date Authority September 1, 2024

2.5 PROPOSAL QUESTIONS

Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the “Submit Written Questions” date and time provided in the RFP SCHEDULE Section above, unless modified by Addendum.

Written questions shall be submitted via https://forms.gle/bPcM6Gjiho3yxyh16 by the date and time specified above. Questions received prior to the submission deadline date, the Authority’s response, and any additional terms deemed necessary by the State will be posted in the form of an addendum to the electronic Vendor Portal (eVP), https://evp.nc.gov, and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any Authority personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in the RFP and an addendum to this RFP.

2.6 PROPOSAL SUBMITTAL

IMPORTANT NOTE: This is an absolute requirement. Late bids, regardless of cause, will not be opened or considered, and will be automatically disqualified from further consideration. Vendor shall bear the sole risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its proposal has been received as described in this RFP by the specified time and date of opening. The time and date of receipt will be marked on each proposal when received. Any proposal or portion thereof received after the proposal deadline will be rejected.

All proposal responses shall be submitted electronically via the electronic Vendor Portal (eVP). Additional information can be found at the eVP updates for Vendors link: https://eprocurement.nc.gov/news-events/evp-updates-vendors.

If confidential and proprietary information is included in the proposal, also submit one (1) signed, REDACTED copy of the proposal.

Such information may include trade secrets defined by N.C. Gen. Stat. § 66-152 and other information exempted from the Public Records Act pursuant to N.C. Gen. Stat. §132- 1.2. Vendor may designate information, Products, Services or appropriate portions https://evp.nc.gov/

Ver: 11/2023 7 of its response as confidential, consistent with and to the extent permitted under the statutes and rules set forth above. By so redacting any page, or portion of a page, the Vendor warrants that it has formed a good faith opinion, having received such necessary or proper review by counsel and other knowledgeable advisors, that the portions determined to be confidential and proprietary and redacted as such, meet the requirements of the Rules and Statutes set forth above. However, under no circumstances shall price information be designated as confidential.

PUBLIC RECORDS: The State Education Assistance Authority is a state agency of the State of North Carolina, accordingly, it receives public records requests for Vendor proposals and contracts. In order to respond to such requests as promptly as possible, Vendor is strongly encouraged to submit a redacted (Proprietary and Confidential Information Excluded) copy of Vendor’s proposal(s) along with its proposal(s). Please note:

pursuant to 01 NCAC 05B .0103(d), COST INFORMATION SHALL NOT BE CONFIDENTIAL. The Authority will provide Vendor notice of any public records request it receives for Vendor’s redacted proposal. At all times Vendor shall be responsible for its redactions.

If the Vendor does not provide a redacted version of the proposal with its proposal submission, the Authority may release an unredacted version if a record request is received.

Failure to submit a proposal in strict accordance with these instructions shall constitute sufficient cause to reject a Vendor’s proposal(s). Vendors are strongly encouraged to allow sufficient time to upload proposals.

Critical updated information may be included in Addenda to this RFP. It is important that all Vendors responding to this RFP periodically check the State’s eVP website for any Addenda that may be issued prior to the bid opening date. All Vendors shall be deemed to have read and understood all information in this RFP and all Addenda thereto.

2.7 PROPOSAL CONTENTS

Vendors shall populate all attachments of this RFP that require the Vendor to provide information and include an authorized signature where requested. Failure to provide all required items, or Vendor’s submission of incomplete items, may result in the Authority rejecting Vendor’s proposal, in the Authority’s sole discretion.

Vendor RFP responses shall include the following items and attachments, which shall be arranged in the following order:

a) Cover Letter, which must contain the following: (i) a statement that confirms that the proposer has read the RFP in its entirety, including all links, and all Addenda released in conjunction with the RFP, (ii) a statement that the Vendor agrees to perform in accordance with the scope of work, requirements, and specifications contained herein; and (iii) Vendor’s agreement to comply with all instructions, terms and conditions, and attachments.

b) Title Page: Include the company name, address, phone number and authorized representative along with the Proposal Number.

c) Table of Contents: A cross reference of the location of all the required information contained within the proposal.

d) Executive Summary: A summary of the features of the proposal.

e) Completed and signed version of all EXECUTION PAGES, along with the body of the RFP.

f) Signed receipt pages of any addenda released in conjunction with this RFP, if required to be returned.

g) Completed version of ATTACHMENT A: PRICING

h) Completed and signed version of ATTACHMENT D: CONFIDENTIALITY AGREEMENT WITH EXHIBIT A.

i) Completed version of ATTACHMENT E: HUB SUPPLEMENTAL VENDOR INFORMATION

j) Completed version of ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

k) Completed and signed version of ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION, along with two years of audited financial statements.

l) Completed version of ATTACHMENT I: VENDOR PROFILE.

m) Completed ATTACHMENT J, System Requirements Workbook

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2.8 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

Relevant definitions for this RFP are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors found below which are incorporated herein by this reference.

The following definitions, acronyms, and abbreviations are also relevant to this RFP:

a) AUTHORITY: The State Education Assistance Authority, a political subdivision of the State, created under Article 23 of Chapter 116 of North Carolina General Statutes.

b) CONTRACT MANAGER: Representative of the Authority who corresponds with potential Vendors in order to identify and contract with that Vendor providing the greatest benefit to the Authority and who will administer this contract for the Authority.

c) ESA+ PROGRAM: The scholarship program for eligible North Carolina elementary and secondary school students to provide State funds to attend certain nonpublic schools and for qualifying educational expenses administered by the Authority pursuant to Article 41 of Chapter 115C of the North Carolina General Statutes.

d) K12 PROGRAMS: The scholarship programs for eligible North Carolina elementary and secondary school students to attend certain nonpublic schools administered by the Authority pursuant to Part 2A of Article 39 or Article 41 of Chapter 115C of the North Carolina General Statutes.

e) SEAA: State Education Assistance Authority.

f) SERVICES: The tasks and duties undertaken by the Vendor to fulfill the requirements and specifications of this solicitation.

3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS

3.1 METHOD OF AWARD

North Carolina G.S. 143-52 provides a general list of criteria the State shall use to award contracts, as supplemented by the additional criteria herein. The Goods or Services being procured shall dictate the application and order of criteria; however, all award decisions shall be in the State’s best interest. All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the specific RFP Specifications and achieving the highest and best final evaluation, based on the criteria described below.

While the intent of this RFP is to award a Contract(s) to a single Vendor, the Authority reserves the right to make separate awards to different Vendors for one or more line items, to not award one or more line items or to cancel this RFP in its entirety without awarding a Contract, if it is considered to be most advantageous to the Authority to do so.

The Authority reserves the right to waive any minor informality or technicality in proposals received.

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

While this RFP is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation. See the Paragraph 29 of the Instructions to Vendors entitled

COMMUNICTIONS BY VENDORS.

Each Vendor submitting a proposal to this RFP, including its employees, agents, subcontractors, suppliers, subsidiaries and affiliates, is prohibited from having any communications with any person inside or outside the using agency; issuing agency; other government agency office or body (including the purchaser named above, any department secretary, agency head, members of the General Assembly and Governor’s office); or private entity, if the communication refers to the content of Vendor’s proposal or qualifications, the content of another Vendor’s proposal, another Vendor’s qualifications or ability to perform a resulting contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals, the award of a contract, including the award of a renewal term of the contract, or both.

Any Vendor not in compliance with this provision shall be disqualified from evaluation and award. A Vendor’s proposal may be disqualified if its subcontractor and/or supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement until the date of contract award or cancellation of the

Ver: 11/2023 9 procurement). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or inquiries directed to the purchaser named in this RFP regarding requirements of the RFP (prior to proposal submission) or the status of the award (after submission) are excepted from this provision.

3.3 PROPOSAL EVALUATION PROCESS

Only responsive submissions will be evaluated.

The State will conduct a One-Step evaluation of Proposals:

Proposals will be received according to the method stated in the Proposal Submittal Section above.

All proposals must be received by the issuing agency not later than the date and time specified in the RFP SCHEDULE Section above, unless modified by Addendum. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the Authority reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the Authority.

At the date and time provided in the RFP SCHEDULE Section above, unless modified by Addendum, the proposal from each responding Vendor will be opened publicly and all offers (except those that have been previously withdrawn, or voided bids) will be tabulated. The tabulation shall be made public at the time it is created. When negotiations after receipt of bids is authorized pursuant to G.S. 143-49 and 01 NCAC 05B.0503, only the names of offerors and the Goods and Services offered shall be tabulated at the time of opening. If negotiation is anticipated, cost and price shall become available for public inspection at the time of the award. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position.

At their option, the evaluators may request oral presentations or discussions with any or all Vendors for clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor.

Upon completion of the evaluation process, the State will make award(s) based on the evaluation and post the award(s) to the State’s eVP website under the RFP number for this solicitation. Award of a Contract to one Vendor does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous and represented the best value to the State.

The Authority reserves the right to negotiate with one or more vendors, or to reject all original offers and negotiate with one or more sources of supply that may be capable of satisfying the requirement, and in either case to require Vendor to submit a Best and Final Offer (BAFO) based on discussions and negotiations with the State.

3.4 EVALUATION CRITERIA

In addition to the general criteria in G.S. 143-52 which may or may not be relevant to this RFP, all qualified proposals will be evaluated, and award made based on considering the following criteria, to result in an award most advantageous to the Authority:

BEST VALUE: "Best Value" procurement methods are authorized by N.C.G.S. §§143-135.9 and 143B-1350(h). The award decision is made based on multiple factors, including: total cost of ownership, meaning the cost of acquiring, operating, maintaining, and supporting a product or service over its projected lifetime; the evaluated technical merit of the Vendor's offer; the Vendor's past performance; and the evaluated probability of performing the specifications stated in the solicitation on time, with high quality, and in a manner that accomplishes the stated business objectives and maintains industry standards compliance. The intent of "Best Value" procurement is to enable Vendors to offer and the Agency to select the most appropriate solution to meet the business objectives defined in the solicitation and to keep all parties focused on the desired outcome of a procurement.

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EVALUTION METHOD: The Authority shall establish an evaluation committee to conduct a comprehensive, fair, and impartial evaluation of the proposals received in response to this RFP. The Authority reserves the right to reject any and all proposals.

Narrative and by consensus of the evaluating committee, explaining the strengths and weaknesses of each proposal and why the recommended awardee(s) provide the best value to the Authority.

A trade-off/ranking method of source selection will be utilized in this procurement to allow the Authority to award the contract to the Vendor providing the overall Best Value, and recognizing that Best Value may result in award other than the lowest price or highest technically qualified offer. By using this method, the overall ranking may be adjusted up or down when considered with, or traded-off against, other non-price factors. The Vendors’ bids will be ranked 1, 2, 3, based on the strengths and weaknesses of each bid regarding the listed criteria and by considering the relative importance of those criteria.

Evaluation Process Explanation: Authority employees on the evaluation committee will review all offers. All offers will be initially classified as being responsive or non-responsive. If an offer is found non-responsive, it will not be considered further. All responsive offers will be evaluated based on stated evaluation criteria. Any references in an answer to another location in the RFP materials or Offer shall include specific page numbers and sections stated in such reference.

To be eligible for consideration, a Vendor’s offer must substantially conform to the intent of all specifications. Compliance with the intent of all specifications will be determined by the Authority. Offers that do not meet the full intent of all specifications listed in this RFP may be deemed deficient. Further, a serious deficiency in the offer to any one factor may be grounds for rejection regardless of overall merit.

• Overall cost (Attachment A).

Financial Stability and Resources: Vendor’s proposal must demonstrate superior financial stability and resources. The two years of audited financial statements required by this RFP must support this requirement. See 4.3 FINANCIAL STABILITY. Pricing details must include:

o Software solution/licensing and any required hardware costs o Implementation costs o Professional service and training costs, including any travel and on-site costs o Maintenance and support costs for 5 years o Customization or enhancements of the software solution o Data conversion costs

• Vendors experience and qualifications. Sections 4.5. and 4.6.

Professional Competence and Experience: Vendor’s proposal must demonstrate significant, direct experience with digital wallet technology, preferably in the area of educational products and services. Years in business including mergers/acquisitions (prefer 5 years minimum). For services under the Contract, the Vendor must employ sufficient staff who have demonstrated a capacity to meet the RFP specifications and technical requirements.

• Ability to meet the Technical Requirements. Reference sections 5.1 through 5.4 o Information Technology Requirements (See ATTACHMENT I, System Requirements Workbook) Operations Development Security/Safeguarding Data Files and Documents: Vendor’s proposal must demonstrate excellent policies and procedures for safeguarding the confidentiality of data files and documents, including access to those files by Vendor’s employees. See ATTACHMENT D: CONFIDENTIALITY AGREEMENT.

o Functional Requirements (See ATTACHMENT I, Systems Requirement Workbook) Electronic Account Requirements Program Rules, Flagging Records, Processes, and Applications

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User Profiles Dashboards/Workflows/Task Scheduler Communications and Comments/Notes Documentation and Reports & Letters Data Elements/Audit Trails User Experience Demonstrated understanding of the magnitude and importance of the responsibilities of providing electronic accounts for families to procure educational products and services and the technical capability is available to provide a digital wallet solution in accordance with State law requirements.

• Implementation Approach o Details on available resources and stated ability to successfully complete the project meeting milestones outlined in

Section 5.1.

o Software Development Life Cycle o Migration & Conversion o Product & System Documentation

3.5 PERFORMANCE OUTSIDE THE UNITED STATES

Vendor shall complete ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this RFP, the Authority may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State:

a) Total cost to the State

b) Level of quality provided by the Vendor

c) Process and performance capability across multiple jurisdictions

d) Protection of the State’s information and intellectual property

e) Availability of pertinent skills

f) Ability to understand the State’s business requirements and internal operational culture

g) Particular risk factors such as the security of the State’s information technology

h) Relations with citizens and employees

i) Contract enforcement jurisdictional issues

3.6 INTERPRETATION OF TERMS AND PHRASES

This RFP serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the Authority; and

(2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the Authority will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the State’s needs as described in the RFP. Except as specifically stated in the RFP, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the Authority exercising its discretion to reject a proposal in its entirety.

4.0 REQUIREMENTS

This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements, and terms and conditions stated in this RFP. If a Vendor is unclear about a requirement or specification, or believes a change to a requirement would allow for the Authority to receive a better proposal, the Vendor is urged to submit these items in the form of a question during the question and answer period in accordance with the Proposal Questions Section above.

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4.1 PRICING

Vendor should propose a pricing model to accomplish the Scope of Work set forth in Section 5 of the RFP, including the cost of implementation and a cost proposal for ongoing costs relating to the ESA+ Platform. Proposal price shall constitute the total cost to the Authority for complete performance in accordance with the requirements and specifications herein, including all applicable charges for handling, transportation, administrative and other similar fees. Complete ATTACHMENT A: PRICING FORM and include in Vendor’s proposal. The pricing provided in ATTACHMENT A, or resulting from any negotiations, is incorporated herein and shall become part of any resulting Contract. Vendors shall not invoice for any amount not specifically allowed for in this RFP.

4.2 INVOICES

The Vendor must submit invoices as required by the Authority . Invoices must be e-mailed to the following address:

AccountsPayable@ncseaa.edu. Invoices must bear the correct contract number and purchase order number to ensure prompt payment. The Vendor’s failure to include the correct purchase order number may cause delay in payment.

Invoices must include an accurate description of the work for which the invoice is being submitted, the invoice date, the period of time covered, the amount of fees due to the Vendor and the original signature of the Vendor’s project manager.

INVOICES MAY NOT BE PAID UNTIL AN INSPECTION HAS OCCURRED AND THE GOODS OR SERVICES ACCEPTED.

4.3 PAYMENT TERMS

The Vendor will be paid thirty (30) calendar days after the Vendor’s invoice is approved by the Authority.

4.4 FINANCIAL STABILITY

As a condition of contract award, the Vendor must certify that it has the financial capacity to perform and to continue to perform its obligations under the Contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction.

Each Vendor shall certify it is financially stable by completing ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION and submitting financial statements audited by a certified public accountant, consistent with generally accepted accounting principles for at least the last two years. The Authority is requiring this certification and documentation to minimize potential issues from contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the Authority within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. The Contract Manager may require annual recertification of the Vendor’s financial stability.

4.5 HUB PARTICIPATION

Pursuant to North Carolina General Statute G.S. 143-48, it is State policy to encourage and promote the use of small, minority, physically handicapped, and women contractors in purchasing Goods and Services. As such, this RFP will serve to identify those Vendors that are minority owned or have a strategic plan to support the State’s Historically Underutilized Business program by meeting or exceeding the goal of 10% utilization of diverse firms as 1st or 2nd tier subcontractors. Vendor shall complete

ATTACHMENT F: HUB SUPPLEMENTAL VENDOR INFORMATION.

4.6 VENDOR EXPERIENCE

In its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the Authority and the ESA+ Program. Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project.

mailto:AccountsPayable@ncseaa.edu

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4.7 REFERENCES

Vendors shall provide at least three (3) references related to the Vendor’s experience and quality of work below regarding similar activities and scope of work to that proposed herein. The Authority may contact the references listed. The Vendor may also include a letter from each reference detailing the Vendor’s past performance.

REFERENCE NAME/COMPANY EMAIL ADRESS TELEPHONE NUMBER

4.8 BACKGROUND CHECKS

Any personnel or agent of Vendor performing Services under any Contract arising from this RFP may be required to undergo a background check at the expense of the Vendor, if so requested by the State.

4.9 PERSONNEL

Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner. “Professional manner” means that the personnel performing the Services will possess the skill and competence consistent with the prevailing business standards in the industry. An organizational chart of the proposed staff to be used on this Contract is also required.

Should the Vendor’s proposal result in an award, the Vendor shall be required to agree that it will not substitute key personnel assigned to the performance of the Contract without prior written approval by the Contract Manager. Vendor shall further agree that it will notify the Contract Manager of any desired substitution, including the name(s) and references of Vendor’s recommended substitute personnel. The Authority will approve or disapprove the requested substitution in a timely manner. The Authority may, in its sole discretion, terminate the Services of any person providing Services under this Contract. Upon such termination, the Authority may request acceptable substitute personnel or terminate the Services provided by such personnel.

4.10 VENDOR’S REPRESENTATIONS

If Vendor’s Proposal results in an award, Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the Authority under the Contract. If any Services, deliverables, functions, or responsibilities not specifically described in this solicitation are required for Vendor’s proper performance, provision and delivery of the Service and deliverables under a resulting Contract, or are an inherent part of or necessary sub-task included within such Service, they will be deemed to be implied by and included within the scope of the Contract to the same extent and in the same manner as if specifically described in the Contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and/or other Deliverables.

4.11 AGENCY INSURANCE REQUIREMENTS MODIFICATION

The Authority has conducted a risk assessment and determined that certain default coverage provisions in the North Carolina General Terms and Conditions, paragraph entitled Insurance, should be supplemented as stated. The premiums for additional insurance coverage amounts for this Solicitation are at the expense of the Vendor. Coverages not specified here remain as stated in the General Terms and Conditions.

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Criminal Activity Insurance Coverage, including theft incurred by the Vendor resulting in loss of or damage to money, securities, and other property, forgery, and fraud, which names the Authority as a loss payee of the insurance policy.

5.0 SPECIFICATIONS AND SCOPE OF WORK

5.1 GENERAL

The Personal Education Student Accounts for Children with Disabilities Program, also known as the Education Student Accounts (“ESA+”) Program, provides eligible students, who apply for and are awarded an ESA+ scholarship, with State scholarship funds to pay for: (i) tuition and fees to attend certain North Carolina nonpublic schools and (ii) certain qualifying educational products and services. State funds for educational products and services are placed into an online account that can be directed by ESA+ parents to pay for allowable expenses as set forth in the ESA+ Program statute, G.S. 115C-595, such as tutoring and teaching services, educational therapies, curricula and certain education technology from approved vendors and approved service and product providers. Payment of tuition and fees to nonpublic schools on behalf of eligible students is primarily administered directly by the Authority so the digital wallet technology is not used for this purpose when providing scholarship funds to students and families.

The digital wallet technology is only utilized for the fiscal management and payment of scholarship funds for eligible qualifying educational products and services under the ESA+ Program.

The Vendor shall provide goods or services and deliverables as required, described, and detailed below and shall meet all service and delivery timelines as specified by this Contract.

5.1.1. Definitions. For purposes of this Contract, definitions shall be as follows and as set forth in the Contract:

a) “Curricula Provider” means a company that provides curricula and has completed the registration process with the Authority.

b) “Marketplace products” means textbooks, curricula, and approved education technology that can be purchased from a company’s website but passes through the ESA+ platform for approval as an allowable expense prior to the completion of the purchase.

c) “Program End Users” means scholarship recipients under the ESA+ Program.

d) “Service Provider” means a provider of tutoring and teaching services, education therapies, or transportation that has completed the registration process with the Authority.

e) “SOP” means the manual provided by the Authority to the Vendor that provides the standard operating procedures for, among other things, approving or denying expenses, categorizing expenses, and escalation protocol.

5.1.2. Fiscal Management and Payment System - Generally. The Vendor shall create and supply a user-friendly online digital wallet technology platform (hereafter the “ESA+ Platform”) for use by ESA+ scholarship recipients. The Contractor shall create, maintain, and operate a fiscal management and payment system which shall provide at least the following:

a) Ability to create virtual electronic wallet accounts for Program End Users to access their scholarship funds in their individual online account.

b) Ability for Program End Users to direct funds for allowable education expenses and pay for allowable expenses.

c) Ability to establish an account for each Program End User and bundle families while keeping each student account separate.

d) Deliver a successful set-up and implementation of funding of all accounts as accounts are established.

e) Ability to direct scholarship funds to pay multiple Service Providers and Curricula Providers who provide products and services for students with disabilities.

f) Ability for SEAA and Program End Users to check balances, request payment, and upload receipts.

g) Ensure that only approved Service Providers and Curricula Providers receive the ESA+ scholarship funds.

h) Provide customer-friendly support and customer training, as set forth more fully below.

i) Deliver a comprehensive reporting system, as set forth more fully below.

j) Use commercially reasonable efforts to make the ESA+ Platform available 24 hours per day, 7 days per week

(99.9% uptime), except for circumstances beyond the control of the Vendor or scheduled downtime or maintenance.

k) Provide the Authority with basic support for the Vendor’s goods and services ordered from the Authority during regular business hours, Monday through Friday, excluding the federal bank holidays. Basic support includes phone support for application usage and email correspondence.

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l) Ability to integrate through an Application Programming Interface (“API”) with other software technologies used to administer the K12 Programs. Specifically, the software shall provide the following critical capabilities:

1. Data Exchange: The API shall enable bidirectional data exchange, allowing for the transmission of information, including Vendors and Service providers information, product details, and approval of purchases.

2. Real-time Updates: The API shall support real-time updates to ensure that both the Authority and Vendor systems have access to the most current information.

3. Security: The API integration must comply with industry-standard security protocols to ensure the confidentiality, integrity, and availability of data during transmission and storage.

4. Documentation: The Vendor shall provide comprehensive documentation for the API, including endpoints, data formats, authentication methods, and error handling procedures.

5. Support and Maintenance: The Vendor shall offer ongoing support and maintenance for the API integration, including troubleshooting, updates, and scalability enhancements.

m) Capability for the Authority to shut-down the ESA+ platform at the end of the calendar year and the end of the fiscal year in order to reconcile accounts or reporting purposes and for other program administration purposes.

5.1.3. ESA+ Platform Marketplace and Available Vendors.