City_of_Pittsburgh_on_behalf_of_the_Pittsburgh_Other_Post_Employment_Benefit_Trust_Fund,_Custodial_and_Investment_Services_(Addendum_#2_Revision).pdf

REQUEST FOR PROPOSAL

2024-RFP-309

CITY OF PITTSBURGH ON BEHALF OF THE PITTSBURGH OTHER

POST EMPLOYMENT BENEFIT TRUST FUND, CUSTODIAL AND

INVESTMENT SERVICES

City of Pittsburgh

City-County Building

Pittsburgh, PA 15219

RELEASE DATE: October 1, 2024

DEADLINE FOR QUESTIONS: undefined

RESPONSE DEADLINE: November 1, 2024, 5:00 pm

Request for Proposal #2024-RFP-309 Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and Investment Services

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/pittsburghpa https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Pittsburgh

REQUEST FOR PROPOSAL

City of Pittsburgh on behalf of the Pittsburgh Other Post Employment

Benefit Trust Fund, Custodial and Investment Services

I. Introduction II. Instructions to Bidders

III. Scope of Work IV. Proposal Format Requirements V. Evaluation Phases

VI. Equal Opportunity Review Commission Terms VII. Award and Contract

VIII. General Terms & Conditions IX. Miscellaneous Requirements X. Vendor Questionnaire

Attachments:

A - attachment 1- MINIMUM QUALIFICATION CERTIFICATION

B - attachment 2 - PROPOSAL QUESTIONNAIRE

C - attachment 3 -– PROSPECTIVE PROVIDER CERTIFICATION SHEET

D - attachment checklist

Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and

1. Introduction

1.1. Summary

The City of Pittsburgh Office of Management & Budget, on behalf of the Pittsburgh Other Post

Employment Benefit Trust Fund, is soliciting bids for Custodial and Investment Services.

1.2. Background

The City of Pittsburgh ("City") Other Post Employment Benefit Trust Fund ("OPEB Fund") is an entity separate from the City, created for the exclusive benefit of the beneficiaries and not of the City.

Ownership of OPEB Fund assets is held by the OPEB Board of Trustees at all times. Except as provided in the OPEB Trust agreement with respect to distribution of assets upon the OPEB Trust termination, the

OPEB Trust assets shall not be considered funds or assets of the City for any purpose.

The OPEB Fund is searching for a qualified candidate to act as custodian of the OPEB Fund and to provide investment advice to the Board of Trustees of the OPEB Fund.

Proposals submitted will be evaluated by the Board of Trustees of the OPEB Fund.

During the evaluation process, the OPEB Fund reserves the right, where it may serve the OPEB Fund's best interest, to request additional information or clarification from proposers, or to allow corrections of errors or omissions. At the discretion of the OPEB Fund Board of Trustees, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.

The OPEB Fund reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the proposing firm of the conditions contained in this request for proposal. The term of the engagement with the selected Provider will extend for an initial term of two (2) years, with the OPEB Fund having the option to extend the term for up to two (2) additional one (1) year terms. The OPEB Fund may terminate the engagement with the selected Provider upon 30 days’ written notice.

In addition, the engagement is reliant on the satisfactory negotiation of terms (including a price acceptable to both the OPEB Fund and the selected Provider). Critical to the OPEB Fund's evaluation of candidates is the ability of the proposing firm to perform its responsibilities as custodian, including disbursements of payments due, in a timely manner.

The OPEB Fund shall make its selection based upon the prospective Provider’s services, experience, reputation, and fees.

1.3. Contact Information

Jessie Nusser

Sourcing Specialist

414 Grant St

Suite 502

Pittsburgh, PA 15219

Email: jessica.nusser@pittsburghpa.gov

Phone: (412) 255-2458 mailto:jessica.nusser@pittsburghpa.gov tel:(412)255-2458

Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and

Department:

Finance

1.4. Timeline

The following represents the tentative schedule for this project. Any change in the scheduled dates for the Pre Proposal Conference (if applicable), Deadline for Submission of Written Questions, or Proposal

Submission Deadline will be advertised in the form of an addendum to this RFP. The schedule for the evaluation process and other future dates may be adjusted without notice.

RFP Released October 1, 2024

Proposal Submission Deadline November 1, 2024, 5:00pm

Proposal Review and Supplier Scoring Specify the general time for Review and Scoring -

November 2024

Contract Award Specify the general time for Contract Award -

December 2024

Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and

2. Instructions to Bidders

2.1. Submittal Requirements

All proposals must be submitted electronically. No proposal shall be accepted in person, by U.S. Mail, by private courier service, via oral or email communication, telephone or fax transmission.

Respondents are required to provide one (1) electronic copy of their proposal in either MS Word or PDF by the submission deadline.

If additional hard copies are requested, the proposal should be bound or contained in a loose leaf binder. Document pages shall be 8-1/2 inches by 11 inches in size or folded to such a size. Use section dividers, tabbed in accordance with this Section as specified below. All proposals will need to be provided electronically so the following format will apply for the electronic submittal through the

Beacon website.

2.2. Additional Submission Considerations

Late proposals will not be accepted or considered. Respondents should allow enough time to register company on the City's e-Procurement Portal, search the solicitation they wish to respond to and complete the submission process online before the deadline.

The City of Pittsburgh shall not be responsible for proposals delivered to a person or location other than that specified herein.

All submittals, whether selected or rejected, shall become the property of the City of Pittsburgh and will not be returned.

All costs associated with proposal preparation shall be borne by the applicant.

Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and

3. Scope of Work

3.1. SCOPE OF SERVICES

The selected Provider will act as custodian of the OPEB Fund and provide investment advice to the

Board. The selected Provider of the OPEB Fund will be responsible for maintaining records of the assets of the OPEB Fund and to produce monthly reports of the assets. The selected Provider also will be responsible for making such disbursements from the OPEB Fund as the Board or its designee directs and to maintain records of the disbursements. The custodian will also provide the Board with investment advice as to the investment of the funds as permitted by law and such other services as the Board may from time to time request, including but not limited to the development of investment 4 policy and strategy. Additionally, the selected Provider shall be responsible for the prompt payment of invoices as submitted by the OPEB Fund.

3.2. MINIMUM QUALIFICATIONS

Prospective Providers must meet the following minimum qualifications to the OPEB Fund’s satisfaction to be given further consideration. Failure to satisfy the minimum qualifications may result in the rejection of the proposal.

The selected Provider must have at least five years of experience as of January 1, 2024, providing the services described under this Request for Proposals(“RFP”), and these services must be a specialization of the provider.

3.3. PROPOSAL REQUIREMENTS AND INFORMATION

Submission of Written Questions- Questions that Prospective Providers may have regarding the information to be presented in this RFP must be received by the OPEB Fund Solicitor, Frederick N. Frank, via e-mail ffrank@f-gbp.com or facsimile transmission at (412) 471-7351, no later than October 4, 2024 local time. Without divulging the source of any query, all questions and the OPEB Fund responses will be available on the OPEB Fund website info page available at pittsburghpa.gov after October 11, 2024.

Statement of Minimum Qualifications- All Prospective Providers must complete a Statement of

Minimum Qualifications (Attachment 1) substantiating that the Prospective Provider satisfies the minimum qualifications requirement. Failure to provide complete and accurate information will result in rejection of the proposal.

Fee Proposal- All Prospective Providers must submit their fees in the format prescribed in the questionnaire (Attachment 2). Any material deviation from the prescribed format, in the sole discretion of the OPEB Fund, may result in rejection of the Proposal.

Description of Services- All Prospective Providers must describe their services in the format prescribed in the questionnaire (Attachment 2).

Description of Experience- All Prospective Providers must describe their experience in the format prescribed in the questionnaire (Attachment 2).

Prospective Provider Certification Sheet- All Prospective Providers must sign and submit this

Certification sheet (Attachment 3).

Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and

Submission of Proposals-

• Submit ten (10) written copies of your Proposal in a sealed package and one version electronically to the OPEB Fund Solicitor, Frederick N. Frank, at ffrank@f-gbp.com. One written copy must contain a cover letter with original signature of a person authorized to contractually bind the Prospective Provider, to be labeled “Master Copy,” and placed in a looseleaf, three-ringed binder, which displays the Prospective Provider’s name on the outside front cover and the spine. (Do not submit the Master Copy with spiral binding).

• All Proposals must be delivered by 5 p.m. on November 1, 2024 local Pittsburgh, PA time.

Proposals received, in whole or in part, after this date and time will not be considered. The sealed Proposals must be plainly marked with the title, provider name and address, and must be marked with “OPEB Fund Provider Proposal,” as shown below.

o Ten (10) Written Copies and One (1) Electronic Version Other Post Employment Benefit

Trust Fund Attention: Jennifer Gula, Chairperson City of Pittsburgh Other Post Employment

Benefit Trust Fund 1 st Floor - City-County Building 414 Grant Street Pittsburgh, PA 15219

• All Proposals shall include the documents identified in the Required Attachment Checklist.

Proposals not including the proper required attachments may be deemed nonresponsive. A non-responsive Proposal is one that does not meet the basic Proposal requirements.

• A Proposal may be rejected if it is conditional or incomplete, deemed non-responsive, or if it contains any alterations of form or other irregularities of any kind. The OPEB Fund may reject any Proposal and may, in its sole discretion, waive any immaterial deviation in a Proposal. The

OPEB Fund waiver of any immaterial defect shall in no way modify the Request for Proposals or excuse the Prospective Provider from full compliance with all requirements if selected and engaged.

• Costs for developing Proposals and participating in the selection process are the sole responsibility of the Prospective Provider and shall not be charged to the OPEB Fund.

• An individual who is authorized to contractually bind the Prospective Provider shall sign the

Prospective Provider Certification Sheet (Attachment 3). The signature must indicate the title or position that the individual holds in the provider. An unsigned Proposal may be rejected.

• A Prospective Provider may withdraw its Proposal by submitting a written withdrawal request to the OPEB Fund, signed by the Prospective Provider or an authorized agent.

• The OPEB Fund shall have no obligation during the evaluation to discover and report to the

Prospective Provider any defects or errors in the submitted documents.

Prequalification Evaluation- Each Proposal package will be inspected to ascertain that it is properly sealed, labeled, and received by the deadline. Proposals not passing this inspection may be rejected.

Proposal Evaluation Process-

Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and

• The Proposal must be organized to correspond with all requirements and formats set forth in this Request for Proposals. The Proposal should be clear and concise and must be complete. All information must be contained in the Proposal. No assumptions will be made regarding the intentions of the Prospective Provider in submitting the Proposal. Written Proposals must be organized in a manner to facilitate ease of review by evaluators. All sections will be used in the evaluation.

• All Proposals submitted will be evaluated for form and content in accordance with the provisions stated in this Request for Proposals. Clarifications may be requested from the

Prospective Provider at any phase of the evaluation process for the purpose of clarifying ambiguities in the information presented in the Proposal.

• Proposals and any subsequent presentations should be submitted with the most favorable terms the Prospective Provider can offer. If the OPEB Fund is unable to consummate a professional services contract with the selected Provider for any reason, the OPEB Fund reserves the right to award a contract to the next highest scoring responsive and responsible Prospective

Provider whose Proposal conforms to the requirements of this Request for Proposals.

• The purpose of the Proposal evaluation process is two-fold: (1) to assess the responses for compliance with the minimum qualifications as well as content and format requirements; and

(2) to identify the Prospective Provider that has the highest probability of successfully performing the services described herein. The evaluation process will be conducted in a comprehensive and impartial manner.

• The OPEB Fund reserves the right to reject all Proposals.

Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and

4. Proposal Format Requirements

4.1. Response Format

All submitted responses shall follow the formatting below, and all proposals will need to be provided electronically through the City's e-Procurement Portal. Each numbered section is to be uploaded as a separate file. If hard copies of submissions are required, each numbered section shall be a removable tab. Document pages shall be 8-1/2 inches by 11 inches in size or folded to such a size.

Response to Scope

Firm’s Qualifications, Experience and References

Describe the firm and provide a statement of the firm’s qualifications for providing the scope of services.

Identify the services which would be completed by your firm’s staff and those that would be provided by sub-consultants, if any. Identify any sub-consultants you proposed to utilize to supplement your firm’s staff.

Provide a summary of the firm’s experience in providing these or similar services. Provide a minimum of three references for related projects, including dates, contact person, phone number, email, and a brief description of the project or scope of work.

Qualifications of Project Team

Provide a brief summary of the qualifications and experience of each team member assigned to this project, including length of service with the firm and resume/bio, and the qualifications /experience of any sub-consultant staff on your project team.

Project Approach and Plan

Provide a detailed discussion of your firm’s approach to the successful completion of the scope of services outlined in this RFP. Include thorough discussions of methodologies you believe are essential to accomplishing this project or completing the scope of services. Include a proposed work schedule to accomplish all of the required tasks within the desired timeline. Identify the staff roles who would be assigned to each major task, including sub-consultants.

Cost Proposal

Provide a total cost proposal for all services to be delivered, and a breakdown of costs delineated by major phase and/or deliverable as described in your project plan. Include a schedule of hourly rates for all proposed staff and the amount of time each person will be devoted to this project. Define any

Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and reimbursable expenses (e.g., travel) requested to be paid by the City. Note: If travel expenses are included, the rate assumptions generally should not exceed the United States General Services

Administration (GSA) rates for Pittsburgh.

PLEASE NOTE: The City does not agree to late fees, penalties, interest, attorney’s fees or other contingent liability. In no event shall the City be liable for special, indirect, incidental, reliance, lost profits or other business interest damages.

Demonstration of Good Faith Effort

Include statements of assurance regarding the following requirements detailed in the Equal Opportunity section of this solicitation:

A. Solicit certified MBE/WBE/Veteran-Owned companies for various service categories where opportunities exist to subcontract within their company’s business model.

B. Complete MWDBEVOSB Commitment Form to document good faith effort. Please provide scope of services to be delivered by each subcontractor. If a subcontractor is not chosen, a justification is required describing why services could not be rendered by a sub-contractor.

C. Provide email documentation of solicitation correspondence with MBE/WBE/Veteran-Owned companies.

Failure to include all of the elements specified may be cause for rejection. Additional information may be provided, but should be succinct and relevant to the goals of this RFP. Excessive information will not be considered favorably.

Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and

5. Evaluation Phases

Selection Procedure

Your Proposal will be evaluated by a Proposal Committee comprised of the Director or other supervisor of the Using Department, one or more members of the Director’s staff, at least one member of the

Office of Management & Budget and any other department representatives as deemed necessary.

Submittals will be reviewed for responsiveness, and responsive submittals will further be screened by a selection committee in accordance with the criteria listed below. The firm(s) submitting the highest rated proposal may be invited for interviews.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Firm’s Qualifications, Experience and

References

Vendor response demonstrated that the firm has the experience and capabilities to successfully perform the scope of services, including providing references for clients of similar size and scope.

Points Based 15 (15% of Total)

2. Qualifications of Project Team

Vendor response provided a brief summary of the qualifications and experience of each team member assigned to this project, including length of service with the firm and resume/bio, and the qualifications /experience of any sub-consultant staff on your project team.

Points Based 15 (15% of Total)

3. Project Approach and Plan

Vendor response demonstrated a firm understanding of the scope of services, the response included thorough and complete responses to the items outlined in the Section

4, and the vendor has the appropriate expertise, procedures, and methods in place to perform the scope of services.

Points Based 30 (30% of Total)

4. Cost Proposal

Vendor response provided a total cost proposal for all services to be delivered, a breakdown of costs delineated by major phase and/or a schedule of hourly rates.

Points Based 30 (30% of Total)

Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and

5. MWDBE/VOSB Good Faith Effort

Vendor response was detailed and demonstrated clear Good Faith Effort to obtain

MWDBE & VOSB Participation.

Points Based 10 (10% of Total)

Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and

6. Equal Opportunity Review Commission Terms

6.1. MWE/DBE

The City of Pittsburgh is committed to the ideal of providing all citizens an equal opportunity to participate in City and its Authorities' contracting opportunities. It is therefore the City's goal to encourage increased participation of women and minority groups in all City contracts. The City requires that all respondents demonstrate good faith efforts to obtain the participation of Minority-Owned

Business Enterprises (MBE's) and Women-Owned Business Enterprises (WBE's) in work to be performed under City contracts. The levels of MBE and WBE participation will be monitored by the City of

Pittsburghs Equal Opportunity Review Commission (EORC). In order to ensure that there are opportunities for historically disadvantaged minority groups and women to participate on Covered

Contracts, and consistent with the City's current equal employment opportunity practice and goals, the

EORC will review contracts to include an evaluation of a developer/contractors employment of minority groups and women, encourage goals of eighteen (18) percent and seven (7) percent respectively.

6.2. Veteran-Owned and LGBTQIA+ Small Business Goals

It is also the City's goal to encourage participation by veteran-owned and LGBTQIA+ small businesses in all contracts. The City of Pittsburgh shall have an annual goal of not less than five (5) percent participation by veteran-owned small businesses and not less than three (3) percent participation by

LGBTQIA+ businesses in all contracts. The participation goal shall apply to the overall dollar amount expended with respect to the contracts. The City requires that all respondents demonstrate good faith efforts to obtain the participation of veteran-owned small business in work to be performed under City contracts. The levels of participation will be monitored by the City of Pittsburgh’s EORC.

6.3. Good Faith Commitment

In order to demonstrate good faith commitment to these goals, all respondents are required to complete and submit with their bids the attached MWDBE/Veteran-Owned/LGBTQIA+ Solicitation and

Commitment Form (which details the efforts made by the respondents to obtain such participation).

Failure to submit a properly completed form along with documentation of Good Faith Commitment may result in rejection of the bid. Participants are encouraged to contact the Equal Opportunity Review

Commission at 412-255-8804 to assist further. For further information, including definitions and additional requirements, please see Chapter 177A (Sections 177A.01 et. seq.) of the City Code and

Section 161.40 of the City Code.

Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and

7. Award and Contract

7.1. Award

After the City has received all Proposals and conducted its initial Evaluation, described above, the

Proposal Committee may invite one or more Respondents to a follow-up interview to further discuss their Proposal(s).

The Proposal Committee may decide to accept the Proposal of one or more Respondents. It may decide to reject all proposals. Once a Proposal is accepted, the contract negotiation process will commence.

This RFP and your response to it, in the form of your entire Proposal, will become part of the Contract. If a real or apparent conflict should arise between this RFP/Proposal and other language contained in the final Contract, the language of the final Contract shall control.

7.2. Contracting Process

Successful Respondents will be required to enter into a Contract with the City of Pittsburgh, contingent upon the approval of City Council. This Contract will be directed and managed by the issuing department and the Office of Management & Budget.

Work cannot commence on the Scope of the RFP until it a contract is fully executed. The City cannot process invoices nor approve payments until this Contract has been fully executed by the Respondent and all required City signatories, including the issuing department, the Law Department, and the City

Controller.

City laws and policies mandate the incorporation of various custom terms and conditions into all City contracts. For this reason the City will not sign any standard contract proffered by the respondent.

An agreement shall not be binding or valid with the City unless and until it is fully executed by authorized representatives of the City and of the Proposer. Once the Contract is fully executed the City will notify Respondent in writing and give the order to proceed.

Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and

8. General Terms & Conditions

8.1. Examination of Proposal Documents

A. The submission of a proposal shall be deemed a representation and certification by the

Respondent that they:

1. Have carefully read and fully understand the information that was provided by the City to serve as the basis for submission of the proposal.

2. Have the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted.

3. Represent that all information contained in the proposal is true and correct.

4. Did not, in any way, collude; conspire to agree, directly or indirectly, with any person, firm, corporation or other proposer in regard to the amount, terms or conditions of this proposal.

5. Acknowledge that the City has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by a proposer, and proposer hereby grants the City permission to make these inquiries, and to provide any and all related documentation in a timely manner.

B. No request for modification of the proposal shall be considered after its submission on the grounds that the proposer was not fully informed to any fact or condition.

8.2. RFP Term

Respondent’s proposal shall remain firm and effective, subject to the City’s review and approval, for a period of one hundred twenty (120) days from the closing date for the receipt of proposals.

The City may enter into negotiations with one or more Respondents during the one hundred twenty

(120) day period during which all proposals will stay effective. The purpose of such negotiations will be to address questions and identify issues as the parties move towards the execution of a final contract or contracts.

8.3. RFP Communications

Unauthorized contact regarding this RFP with employees or officials of the City of Pittsburgh other than the RFP Coordinator named in the header section of this solicitation may result in disqualification from this procurement process.

Neither Respondent(s) nor any person acting on Respondent(s)’s behalf shall attempt to influence the outcome of the award by the offer, presentation or promise of gratuities, favors, or anything of value to any appointed or elected official or employee of the City of Pittsburgh, their families or staff members.

All inquiries regarding the solicitation are to be directed to the designated RFP Coordinator. Outside of

Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and pertinent RFP questions directed to the City of Pittsburgh as specified above, any other attempts to contact any City of Pittsburgh personnel regarding this RFP, without prior approval by the RFP

Coordinator will be considered grounds for dismissal and immediate disqualification from the RFP process. This includes, but is not limited to, all verbal, voice, text, e-mail, and social media (e.g. –

LinkedIn) contact.

Please note the following:

A. The City shall not be responsible for nor bound by any oral instructions, interpretations or explanations issued by the City or its representatives.

B. Each proposer shall assume the risk of the method of dispatching any communication or proposal. •The RFP Coordinator must receive all written comments, including questions and requests for clarification, no later than the Deadline for Submission Questions listed in the tentative project schedule.

C. The City reserves the right to determine, at its sole discretion, the appropriate and adequate responses to written comments, questions, and requests for clarification. The City’s official responses and other official communications pursuant to this RFP shall constitute an addendum of this RFP.

D. The City will publish all official responses and communications pursuant to this RFP to the City of

Pittsburgh procurement website. It is the responsibility of each proposer to check the site and incorporate all addenda into their response.

E. All addenda for this RFP will be distributed via the City of Pittsburgh procurement website at procurement.pittsburghpa.gov/beacon/opportunities

F. Only the City’s official, written responses and communications shall be considered binding with regard to this RFP.

8.4. Addenda/Clarifications

Should discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, questions or comments regarding this RFP must be put in writing and received by the RFP Coordinator within the Question and Answer tab.

8.5. Withdrawal of Proposals

A proposer may withdraw its proposal at any time before the expiration of the time for submission of proposals as provided in this RFP by delivering a written request for withdrawal signed by, or on behalf of, the proposer.

8.6. Public Record

Respondent, by submittal of a proposal, acknowledges that all proposals may be considered public information in accordance with the Commonwealth of Pennsylvania Right to Know laws. Subject to award of this RFP, all or part of any submittal may be released to any person or firm who may request it.

Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and

Therefore, proposers shall specify in their proposal response if any portion of their submittal should be treated as proprietary and not releasable as public information. Proposers should be aware that all such requests may be subject to legal review and challenge.

Any information considered proprietary should be indicated as such or not included in the response.

8.7. Non-Conforming Proposal

A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole discretion of the City.

8.8. Disqualification

Factors such as, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration:

A. Evidence of collusion, directly or indirectly, among proposers in regard to the amount, terms or conditions of this proposal;

B. Any attempt to improperly influence any member of the evaluation team;

C. Existence of any lawsuit, unresolved contractual claim, or dispute between the proposer and the

City;

D. Evidence of incorrect information submitted as part of the proposal;

E. Evidence of proposer’s inability to successfully complete the responsibilities and obligation of the proposal; and

F. Proposer’s default under any previous agreement with the City, which results in termination of the agreement.

8.9. Restrictions on Gifts & Activities

The City of Pittsburgh Ethics Code and Chapter 197 of the City Code (Code of Conduct) was established to promote public confidence in the proper operation of our local government. These resources outline the requirements for disclosure of interests and restricted activities as related to public procurement processes. Proposers are responsible to determine the applicability of these requirements to their activities and to comply with its requirements.

8.10. Rights of the City of Pittsburgh

This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract.

The City reserves the right to:

A. Reject any and all proposals;

B. Issue subsequent Requests for Proposals;

Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and

C. Cancel this RFP with or without issuing another RFP;

D. Remedy technical errors in the Request for Proposals process;

E. Approve or disapprove the use of particular sub-consultants;

F. Make an award without further discussion of the submittal with the proposer (therefore, the proposal should be submitted initially on the most favorable terms that the firm or individual might propose);

G. Meet with select proposers at any time to gather additional information;

H. Make adjustments to the scope of services at any time if deemed by the Office of Management and Budget to be in the best interest of the City;

I. Accept other than the lowest offer.

J. Waive any informality, defect, non-responsiveness, or deviation from this RFP that is not material to the Respondent’s proposal;

K. Reject the proposal of any Respondent who, in the City’s sole judgment, has been delinquent or unfaithful in the performance of any contract with the City;

L. Reject the proposal of any Respondent who, in the City’s sole judgment, is financially or technically incapable of performing in accordance with this RFP;

M. Negotiate with any, all, or none of the Offerors and to enter into an agreement with another

Offeror in the event that the originally selected finalist defaults or fails to execute an agreement with the City.

N. Award a contract to the firm(s) that presents the best qualifications and whose proposal best accomplishes the desired results; and/or

O. Enter into an agreement with another proposer in the event the originally selected proposer defaults or fails to execute an agreement with the City.

P. Require a performance bond and/or other “failure to deliver” agreement by the awardee at time of contracting.

8.11. PREVAILING WAGE ORDINANCE

Contractor agrees that section 161.16(e) of the Pittsburgh Code of Ordinances, stating that Contractor must pay at least the applicable prevailing wages as will have been determined by the City Controller pursuant to the City Service Worker Prevailing Wage Ordinance, Title I, Article VII, Section 161.38(I)(B), as the same may be amended, and as will have been determined by the Secretary of Labor and Industry to the workers employed in the performance of any contract for public work subject to the Pennsylvania

Prevailing Wage Act approved August 15, 1961 (Act No. 442), as amended August 9, 1963 (Act No. 342), and the regulations issued pursuant thereto, and all supplements and amendments thereto, must be

Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and made a part of the Contract as fully as if attached hereto, and that Contractor will comply in all respects with the provisions thereof, insofar as the same implicates the Contract.

8.12. ENSURING EQUAL EMPLOYMENT OPPORTUNITY FOR PERSONS PREVIOUSLY

CONVICTED

Contractor shall comply with Section 161.16A of the Pittsburgh City Code.

Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and

9. Miscellaneous Requirements

9.1. Acknowledgements

A. Conflict of Interest- By submission of a proposal to this solicitation, Respondent agrees that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the services required under this RFP.

B. Code of Ethics- By submission of a proposal to this solicitation, Respondent agrees to abide by the Code of Ethics of The City of Pittsburgh. The full Ethics Handbook can be found here:http://pittsburghpa.gov/humanresources/files/policies/10_Ethics_Handbook.pdf

C. Fair Trade Certification- By responding to this solicitation, the Respondent certifies that no attempt has been made, or will be made, by the Respondent to induce any other person or firm to submit or not to submit a submission for the purpose of restricting competition.

D. Non-Disclosure- By responding to this solicitation, the Respondent acknowledges they may be required to sign a Non-Disclosure Agreement during the contracting process if they are the successful respondent.

E. Debarment - This solicitation is also subject to Section 161.22 of the City of Pittsburgh Code related to debarment from bidding on and participating in City contracts.

F. Financial Interest- No proposal shall be accepted from, or contract awarded to, any individual or firm in which any City employee, director, or official has a direct or indirect financial interest in violation of applicable City and State ethics rules. Entities that are legally related to each other or to a common entity which seek to submit separate and competing proposals must disclose the nature of their relatedness.

G. Full Fee Disclosure- Pursuant to Section 161.36 of the Pittsburgh City Code, a Respondent must include a disclosure of any finder’s fees, fee splitting, firm affiliation or relationship with any broker-dealer, payments to consultants, lobbyists, or commissioned representatives or other contractual arrangements of the firm that could present a real or perceived conflict of interest.

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Title: City of Pittsburgh on behalf of the Pittsburgh Other Post Employment Benefit Trust Fund, Custodial and

10. Vendor Questionnaire

10.1. Proposal Submission *

Proposal was summitted to OPEB Fund Solicitor, Frederick N. Frank as mentioned in the Scope of Work

Section.

☐ Yes

☐ No

*Response required

10.2. Submission Clarification*

I understand that proposals submitted through the Opengov System will NOT be considered, and that all proposal submissions must go to the OPEB Fund Solicitor, Frederick N. Frank.

☐ Yes

☐ No

*Response required