Amendment #3.docx

54SAP

SAP

State of South Carolina

Request for Proposal

AMENDMENT #3

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400022767 05/11/2022 Elizabeth Marsh, CPPB 803-737-0983 emarsh@mmo.sc.gov SFAA,Div.of Procurement Services, OSP 1201 Main Street, Suite 600 Columbia SC 29211

DESCRIPTION: Financial Management/Payroll Services

USING GOVERNMENTAL UNIT: SC Department of Disabilities and Special Needs (DDSN)

SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov

SUBMIT OFFER BY (Opening Date/Time): 5/26/2022 11:00:00 AM ET (See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 05/04/2022 11:00 AM ET (See "Questions From Offerors" provision) Only questions pertaining to Amendment # 2 will be answered. List the coordinating question number from Amendment #2 in the question submission. TIME HAS PASSED

NUMBER OF COPIES TO BE SUBMITTED: One (1) Online Submission - One Original and One Redacted Copy Initial here if NO redacted copy is necessary__________ See Section II A “DISCLOSURE OF YOUR BID / PROPOSAL and SUBMITTING CONFIDENTIAL DATA (FEB 2021)” clause

CONFERENCE TYPE: Pre-Solicitation Meeting DATE & TIME: 03/23/2022 at 10:00 AM EST If you’d like to attend email the Procurement Officer for instructions no later than 03/22/2022 by 05:00 PM EST

(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions) LOCATION: Online via Microsoft Teams

You must submit a signed copy of this form with Your Offer. By signing, You agree to be bound by the terms of the Solicitation. You agree to hold Your Offer open for a minimum of Ninety (90) calendar days after the Opening Date. (See "Signing Your Offer" provision.)

NAME OF OFFEROR

(full legal name of business submitting the offer) Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.

AUTHORIZED SIGNATURE

(Person must be authorized to submit binding offer to contract on behalf of Offeror.)

DATE SIGNED

TITLE

(business title of person signing above)

STATE VENDOR NO.

(Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)

PRINTED NAME

(printed name of person signing above)

STATE OF INCORPORATION

(If you are a corporation, identify the state of incorporation.)

OFFEROR'S TYPE OF ENTITY: (Check one) (See "Signing Your Offer" provision.)

___ Sole Proprietorship ___ Partnership ___ Other_____________________________

___ Corporate entity (not tax-exempt) ___ Corporation (tax-exempt) ___ Government entity (federal, state, or local)

COVER PAGE - ON-LINE ONLY (MAR. 2015)

SAPAMENDMENTS TO SOLICITATION (JANUARY 2006) (a) The Solicitation may be amended at any time prior to opening. All actual and prospective Offerors should monitor the following web site for the issuance of Amendments: www.procurement.sc.gov . (b) Offerors shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on Page Two, (3) by letter, or (4) by submitting a bid that indicates in some way that the bidder received the amendment. (c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

THE SOLICITATION IS AMENDED AS PROVIDED HEREIN. INFORMATION OR CHANGES RESULTING FROM QUESTIONS WILL BE SHOWN IN A QUESTION-AND-ANSWER FORMAT. ALL QUESTIONS RECEIVED HAVE BEEN REPRINTED BELOW. THE “STATE’S RESPONSE” SHOULD BE READ WITHOUT REFERENCE TO THE QUESTIONS. THE QUESTIONS ARE INCLUDED SOLELY TO PROVIDE A CROSS-REFERENCE TO THE POTENTIAL OFFEROR THAT SUBMITTED THE QUESTION. QUESTIONS DO NOT FORM A PART OF THE CONTRACT; THE “STATE’S RESPONSE” DOES. ANY RESTATEMENT OF PART OR ALL OF AN EXISTING PROVISION OF THE SOLICITATION IN AN ANSWER DOES NOT MODIFY THE ORIGINAL PROVISION EXCEPT AS FOLLOWS: UNDERLINED TEXT IS ADDED TO THE ORIGINAL PROVISON. STRICKEN TEXT IS DELETED.

Amendment 3 Follow-up Questions and Answers Received from Amendment #2 For RFP 5400022767 Financial Management/Payroll Services

1. In follow up to responses to Questions 6 and 7, Can the State provide source documentation that comprehensively specifies joint employer rules related to this program? (Amendment #2, Questions #6, #7) Answer: It is DDSN’s position that a joint employment relationship exists. The vendor is encouraged to consult with its own legal counsel to assess its responsibilities and potential culpability as it relates to this topic.

1. With the extended due date to May 26, and the target project start date of July 1 pushed out, to properly prepare a realistic draft of the implementation plan, what is the updated expected project start date vendors should use for planning? (Amendment #2, Question #5) Answer: To be determined

1. For consistency across vendors, please provide DDSN's expectations for the anticipated go-live date for the new FMS system to go live. (Amendment #2, Question #5) Answer: The Anticipated go –live date is October 1, 2022.

1. "From the original solicitation document, ""FMS is provided as a result of the Final Rule issued by the Department of Labor, effective January 1, 2015. This established certain third parties as joint employers of self-directed services under the Fair Labor Standards Act. As a result, DDSN became responsible for compliance with minimum wage and overtime in certain situations."

Answers received in Amendment #2 imply that the FMS vendor is a joint employer, contradicting the final rule above.

Based upon the State's current definition of VF/EA as the Employer of Record, it imposes a level of employer liability which for the VF/EA vendor that exposes the vendor to additional risk and liability. Is this the State's intent?" (Amendment #2, Questions #6, #7, #34, #73, #84 regarding "Joint Employer") Answer: It is DDSN’s position that both the vendor and DDSN are joint employers. The employer of record is the consumer’s family or designated representative.

1. "Please clarify your definition of your employer of record which differs from other states where the Fiscal Vendor/Employer Agent VF/EA is normally NOT the employer of record.

In other words, please confirm that SCDDSN is the joint employer of record, and not the VF/EA FMS vendor." (Amendment #2, Questions #6, #7, #34, #73, #84 regarding "Joint Employer") Answer: The employer of record is the consumer’s family or designated representative. It is DDSN’s position that both the vendor and DDSN are joint employers.

1. Please confirm that the FEIN number is held by the Employer of Record, ie., Participant. Please confirm that the joint employer is SCDDSN and that the VF/EA is acting on behalf of the SCDDSN to file worker's wages, and that the VF/EA is not considered the Joint Employer. (Amendment #2, Questions #6, #7, #34, #73, #84 regarding "Joint Employer") Answer: Per the RFP, “[T]he Contractor shall apply for Federal Employer Identification Number’s (FEIN) for all Employer of Record (EOR) in accordance with state and federal law.” It is DDSN’s position that both the vendor and DDSN are joint employers.

1. Please clarify how vendors should include Financial Statement details (for privately held companies) that must remain confidential. (Amendment #2, Question #97) Answer: Financials will not be disclosed other than the Procurement Officer and the Agency’s Finance Director to complete a financial analysis to determine level of responsibility.

1. Our audited financial statements for 2 years total nearly 400 pages. Would a hyperlink to each annual financial statement be acceptable instead of including the full statements in our response? (Amendment #2, Question #97) Answer: No. The State will provide a secure file transfer site for these documents to be submitted.

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