ESBD_File_329999_RFP07142023 - Leave of Absense Administration Services.pdf

REQUEST FOR PROPOSAL

RFP 071423

Leave of Absence Administration Services

07/14/2023

PROPOSAL SUBMISSION:

Procurement Department Southwest Key Programs

6002 Jain Lane Austin, Texas 78721

Bonfire SWK

REFER INQUIRIES TO:

Bonfire SWK

*To access proposal documents on Bonfire SWK, a free registration is required.

PROPOSALS ARE DUE: Monday, August 14th, 2023, by 5:00 PM CST.

TABLE OF CONTENTS

Table of Contents

1 INTRODUCTION AND OVERVIEW

1.1 Purpose of the Request for Proposal (“RFP”)

1.2 Background Information

1.3 Requirements and Deliverables

1.3.1 Overview

1.3.2 Scope of Work

1.4 Samples

1.5 Subcontract Term/Option to Extend

1.6 Awarded Subcontracts

1.7 SWK Terms and Conditions

2 GENERAL INSTRUCTIONS AND STANDARD PROPOSAL REQUIREMENTS

2.1 Notice of Intent to Submit

2.2 Submission Of Questions

2.3 Proposal Submission, Date, and Time

2.4 Key Dates

2.5 Standard Proposal Requirements

2.6 Non-disclosure Agreements

2.7 Proposal Preparation Costs

2.8 Disclosure of Proposal Content

2.9 Vendors Conference

2.10 Conflict of Interests

3 PROPOSAL FORMAT AND CONTENT

3.1 Proposal Format and Content

3.1.1 Proposal Cover Page

3.1.2 Table of Contents

3.1.3 Response Checklist

3.2 Requirements Plan

3.3 Timelines

3.4 Cost Proposal

3.5 Respondent’s Profile and Financial Responsibility

3.6 Respondent’s General Terms and Conditions

4 REVIEW OF PROPOSALS

4.1 Review of Proposals

4.2 Selection Criteria

4.3 Discrimination

4.4 Encouraged Participants

4.5 Best and Final Offer

5 CONTRACTUAL REQUIREMENTS

5.1 Respondent’s Proposal

5.2 Material & Product Requirements

5.3 Vendor Performance

5.4 Payment

5.5 Vendor Registration in Oracle

6 Appendix

Attachment A – SWK General Terms and Conditions

Attachment B – Notice of Intent to Submit a Proposal

Attachment C – Cover Page Suggested Format for Proposal

Attachment D – Respondent Company Profile Form

Attachment E – Respondent References Form

Attachment F – Questionnaire

1 INTRODUCTION AND OVERVIEW

1.1 PURPOSE OF THE REQUEST FOR PROPOSAL (“RFP”)

It is the intent of Southwest Key Programs, Inc. (“SWK”) to solicit proposals for a qualified and responsible Respondent to serve as an administrator providing Family Medical Leave Act (“FMLA”) services, Americans with Disabilities (“ADA”) services, and other related leaves of absences services, in accordance with the descriptions and specifications listed in this solicitation.

1.2 BACKGROUND INFORMATION

SWK is a national nonprofit organization that exists to create opportunities and improve the quality of life for thousands of youth and families each day by providing safe shelter, alternatives to incarceration, career development and quality education. This is done through three areas of programming:

a. Immigrant Children’s Shelters

b. Youth and Family Services

c. Workforce Solutions

1.3 REQUIREMENTS AND DELIVERABLES

1.3.1 Overview

SWK is requesting proposals from qualified vendors to work with various departments at Southwest Key Programs to establish an agreement for FMLA, other related Leaves of Absences Services, and ADA Services in accordance with the descriptions and specifications listed in this solicitation. SWK is looking for a partner who can assist with administering reasonable accommodations and implementing a program that complies with any applicable Federal, State, and SWK policies and procedures.

1.3.2 Scope of Work

Southwest Key Programs is seeking to obtain an FMLA leave, reasonable accommodations (i.e., religious, nutrition, military, crime victims, etc.) and ADA management services vendor, in an effort to increase consistency in administration, remain compliant with policy and law, and provide accessible and responsive customer service to their 10,000+ employees.

In addition:

SWK desires to improve the efficiency and management of approved absences and reduce potential employee abuse of our leaves of absence policy.

SWK is looking for a partner that can provide competitive pricing, excellent customer service, and a strategic and thorough implementation for FMLA administration, reasonable accommodations, and ADA services for their active employees. In summary, this list of desired FMLA/ADA services includes things such as:

Consistent management of all aspects of FMLA leave, Workers’ Compensation leave, reasonable accommodations, and ADA requests.

Accessibility and ease of use for employees, including a self- service portal and mobile access.

Excellent customer service experience for SWK staff, management, and employees who speak both English and Spanish

SWK desires to have at least 5 (five) case managers to support our needs. However, we will consider other amounts in our evaluations.

SWK requires that the call center be located within the United States to ensure that our employees have prompt access to the call center and receive assistance during general United States business hours.

Cost savings Providing consistency in compliance with relevant laws and SWK policies Communications with employees and medical providers to determine benefit/leave eligibility and/or obtain clarification regarding workplace accommodations.

It is desired by SWK to have an effective style of communication, both over the phone, written, and by email.

SWK defines effective to be as prompt communication where the initial response and acknowledgement (in addition to providing staff required forms) is within 24 hours from a human representative and not a generated computer response.

Serving as a resource for SWK in-house Legal and HR personnel Must have interface with UKG Systems Provision of excellent documentation, accessibility of information, and reporting capabilities A hold harmless/indemnification agreement In-house legal staff and willingness to provide testimony and/or information for litigation purposes.

Strong data backup, security, and recovery plan Customized SWK leave and fitness for duty support.

Absence abuse monitoring and investigation

SWK is looking for a leave management administrator that can help them align their current programs with "best practices" in the market and provide consistency in regard to FMLA, State, County, and City leaves and policies, reasonable accommodation, and ADA services.

1.4 SAMPLES

Samples are not required for this RFP.

1.5 SUBCONTRACT TERM/OPTION TO EXTEND

The term of any subcontract resulting from this RFP shall be for one (1) fiscal year. SWK, at its own discretion, may extend any subcontract awarded pursuant to this RFP for up to two (2) additional fiscal years under the same or different terms.

1.6 AWARDED SUBCONTRACTS

It is anticipated that one subcontract(s) will be awarded as a result of this RFP. Proposals must include a detailed cost proposal in accordance with the requirements of Section 3.4 of this RFP.

1.7 SWK TERMS AND CONDITIONS

Any Respondent not accepting the attached SWK Terms and Conditions (Attachment A) may be deemed non-responsive and not meeting the requirements of the RFP. However, Respondents should provide any redlines to SWK’s Terms and Conditions as part of the proposal submission.

Appendix II to 45 CFR 75 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards shall also apply to this RFP. See Title 45 Part 75 Appendix II Code of Federal Regulations.

Respondent will also be required to adhere to all necessary Office of Refugee Resettlement (ORR) policies. Please see the ORR's Unaccompanied Children Program Policy Guide.

2 GENERAL INSTRUCTIONS AND STANDARD PROPOSAL

REQUIREMENTS

2.1 NOTICE OF INTENT TO SUBMIT

Respondent is encouraged to submit a letter of intent to Bonfire SWK if they intend to submit a proposal in response to this RFP; however Notice of Intent to Submit is optional. See Attachment B.

2.2 SUBMISSION OF QUESTIONS

Respondent questions shall be submitted to:

Bonfire SWK

2.3 PROPOSAL SUBMISSION, DATE, AND TIME

WITHOUT EXCEPTION – PROPOSALS MUST BE RECEIVED ON OR BEFORE:

Monday, August 14th, 2023, at 5:00PM CST

Proposals must reference the RFP number and be submitted to Bonfire SWK by the Respondent’s point-of-contact. PROPOSALS RECEIVED AFTER THE DUE DATE WILL NOT BE CONSIDERED.

2.4 KEY DATES

DATE EVENT

Friday, July 14th, 2023 Publication of Request for Proposal Friday, July 21st, 2023 Optional Notice of Intent to Submit a Proposal Wednesday, July 26th, 2023 Submission of Written Questions Monday, July 31st, 2023 SWK Written Response to Questions Monday, August 14th, 2023 Respondent Proposal Submission August 2023 Proposal Evaluation, Oral Presentations (if required), and

Negotiations (if required) September Anticipated Award Date

2.5 STANDARD PROPOSAL REQUIREMENTS

A. Proposals that address only part of the requirements contained in this RFP may be considered non-responsive.

B. SWK Programs reserves the right to:

a. reject any and all proposals.

b. negotiate portions thereof including the submitted cost proposals/budget.

c. select the proposal based on the best value to the company. The Respondent shall furnish additional information that the evaluation team may require in order to complete the evaluation of the proposals submitted. Failure to provide the requested material or information may disqualify the proposal.

d. cancel or re-issue the RFP at any time.

e. request and record and/or videotape all Webinars, Web demos, conference calls, demos or other communications relative to this RFP.

C. The Respondent must work with SWK staff to clarify the design of the materials, project design, project activities, and/or other products, and modify these items if necessary.

D. Proposals must be valid until the RFP has closed or been awarded.

E. Proposals may be withdrawn at any time prior to the submission time specified in this RFP, provided notification is received in writing. Proposals cannot be changed or withdrawn after the time designated for receipt.

2.6 NON-DISCLOSURE AGREEMENTS

Respondent shall sign a non-disclosure agreement upon award and execution of a subcontract. All information and data furnished to the Respondent during the solicitation process shall be treated as confidential to SWK. Any oral or written disclosure to unauthorized individuals is prohibited and can be grounds for proposal dismissal and termination of any subcontract awarded.

2.7 PROPOSAL PREPARATION COSTS

All costs associated with the preparation, submission, and any other-related activities before award of a subcontract resulting from there are the sole responsibility of the Respondent.

2.8 DISCLOSURE OF PROPOSAL CONTENT

Respondent may protect trade secret and confidential information from public release. If the Respondent asserts that information provided in the proposal is trade secrets or other confidential information, it must be clearly marked. Such information must be in boldface type and include the words “confidential” or “trade secret” at top of the page.

2.9 VENDORS CONFERENCE

Respondent may protect trade secret and confidential information from public release. If the Respondent asserts that information provided in the proposal is trade secrets or other confidential information, it must be clearly marked. Such information must be in boldface type and include the words “confidential” or “trade secret” at top of the page.

SWK, at its sole discretion, may elect to host a vendor conference in relation to this RFP. A vendor conference is designed to complete the following objectives:

Review the formal solicitation and specific requirements with vendors.

Allow vendors to ask clarifying questions on the formal solicitation.

Respondents are encouraged to notify the Sole Point of Contact and Communications listed below, regarding participation in the conference. People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the Sole Point of Contact listed below at least seventy-two (72) hours before the meeting in order to have reasonable accommodations made by SWK.

SWK may host a vendor conference for this RFP.

Sole Point of Contact and Communications: financeprocurementsolicitations@swkey.org.

2.10 CONFLICT OF INTERESTS

A Respondent will not be selected if it has a conflict of interest that will or may arise during the performance of its obligations under the subcontract. For this reason, Respondent’s response to this RFP must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to the submission of a proposal from Respondent and its proposed subcontractors, possible selection as successful Respondent, or its performance of the subcontract.

For purposes of this RFP, “personal relationship” is defined as a current or past connection other than a clearly contractual, business, financial, or similar relationship and includes family relationships or other connections outside simply providing a response to this RFP. These connections must be disclosed if a reasonable person could expect the connection to diminish Respondent’s independence of judgment or effectiveness in the performance of Respondent’s responsibilities to SWK Programs under the subcontract.

Connections also fall within this definition if a reasonable person could expect the connection, within the overall context of Respondent’s submission of a proposal, possible selection as successful Respondent, or its performance of the subcontract, to create an issue for the company’s consideration relative to a potential appearance of impropriety or conflict of interest.

By submitting a response, Respondent agrees that it is under a continuing duty to supplement its response under this provision and that the duty to disclosure of any conflicts of interest is an ongoing obligation throughout the term of the subcontract. If the circumstances certified by the Respondent change or additional information is obtained after submission of proposals, Respondent shall submit updated information as soon as reasonably possible upon learning of any change to their affirmation. Report conflicts of interest to:

SWK VP of Compliance and Ethics dberndt@swkey.org

508-725-6151

3 PROPOSAL FORMAT AND CONTENT

3.1 PROPOSAL FORMAT AND CONTENT

Proposals must be submitted in electronic format (i.e., Word, PDF) and include the sections referenced in this Section 3. A transmittal letter must accompany the proposal and include the following details:

a) Respondent’s commitment to performing the implementation of the work within the project schedule.

b) Brief executive summary of the proposal contents.

c) A statement that the signatory of the transmittal letter has the authority to bind the Respondent.

Include name, title, and contact information.

3.1.1 Proposal Cover Page

Proposals should include a cover page which clearly states the name of the firm or organization, business address, and the name, position, and telephone number of the Respondent’s Proposal Administrator who may be contacted regarding the proposal. See Attachment C.

3.1.2 Table of Contents

Present a clear and comprehensive identification of your proposal's contents by section and page number.

3.1.3 Response Checklist

This checklist is to assist Respondent in ensuring that all information is included in their response.

Respondent must refer to the appropriate section of the RFP for detailed information on the following:

Optional Notice of Intent to Submit a Proposal Attachment B Transmittal Letter Section 3.1 RFP Cover Page Section 3.1.1 / Attachment C Table of Contents Section 3.1.2 Requirements Plan Section 3.2 Timelines Section 3.3 Cost Proposal Section 3.4 Respondent’s Profile and Financial Responsibility Section 3.5 / Attachment D & E Current Certificate of Insurance and Completed W-9 Attachment D Respondents General Terms and Conditions Attachment H Respondents Redlines to SWK’s General Terms and

Conditions (if any) Attachment I

Evidence of Historical Underutilized Business, if applicable Section 4.2

3.2 REQUIREMENTS PLAN

The Respondent must describe will meet the scope of work detailed in Section 1.3.3 and provide enough information to adequately evaluate the proposal as detailed in Section 4.2 Selection Criteria. It is recommended that the requirements plan maintain the same outline or order as the scope of work.

3.3 TIMELINES

Respondent must plan for a project starting date of no earlier than January 1, 2024, and an ending date of January 1, 2025, if selected as the contractor. The Respondent must submit a task/activity plan specifying, to the degree possible, the tasks and activities which are to be undertaken. Timelines showing beginning and ending dates for each major task are to be included, as well as the name(s) of person(s) responsible for each task. Activities must be sufficiently designed and outlined in the task/activity plan to provide evidence of satisfactory delivery of services and products. Time frames must be logical and appropriate to complete all activities within the beginning and ending dates of the subcontract. Failure to meet this condition shall result in disqualification of the proposal, and the proposal shall receive no further consideration.

3.4 COST PROPOSAL

The Respondent must submit a cost proposal detailing costs necessary to accomplish the project objectives and activities outlined in a task/activity plan. The cost proposal detail must be submitted in Excel or Excel-compatible format. Respondent should carefully consider the costs provided as changes will not be allowed during negotiations.

3.5 RESPONDENT’S PROFILE AND FINANCIAL RESPONSIBILITY

Respondent must submit a company profile detailing the following:

a) Basic organizational information, such as the size of the organization, how long the organization has been in business, whether the organization is a public or private entity, etc.

b) Location of the organization’s offices.

c) The range of services provided.

d) List of similar customers.

Respondent must submit a summary of its qualifications (not to exceed 3 pages). The summary should include details about the Respondent’s expertise in the area of Leave Absences Administration Services.

Respondent must submit at least three (3) references where the Respondent provided similar services (Attachment E).

Respondent may be required to submit indicators of financial stability before award. Examples of requested documentation include:

Most recent audited financial statements or certified public accountant compiled financial report.

Articles of organization and/or documents of incorporation.

3.6 RESPONDENT’S GENERAL TERMS AND CONDITIONS

The Respondent must provide their General Terms and Conditions as part of their proposal submission.

Respondents must also provide redlines to SWK’s General Terms and Conditions, if any.

4 REVIEW OF PROPOSALS

4.1 REVIEW OF PROPOSALS

Review of proposals will begin as soon as practical after receipt. The evaluation team shall consist of SWK staff knowledgeable in the content area. The recommendations of the evaluation team will be assembled and presented to senior executive staff who will:

1. Approve the proposal in whole or in part;

2. Disapprove the proposal; or

3. Defer action on the proposal for such reasons as a requirement for further evaluation.

SWK may not disclose any information until a subcontract is executed by both parties. Additional copies of proposals not selected for funding will be destroyed in accordance with an approved Records Retention Policy.

4.2 SELECTION CRITERIA

Proposals will be selected based on the ability of each Respondent to carry out all the requirements contained in this RFP. A Respondent who is in default or otherwise not in good standing under any other current or prior subcontract with SWK at the time of selection will not be eligible for award of this subcontract. SWK will base its selection on, among other considerations, demonstrated competence, qualifications of the Respondent, past performance, and proposed budget/cost. The following are the criteria and the total number of points for each portion of the RFP that will be applied in selecting a subcontractor.

SELECTION CRITERIA FOR SERVICES POSSIBLE

POINTS

A. Quality of Technical Component:

1. Adequacy and appropriateness of project design and how well qualifications are met (15 points).

2. Clear description of details for carrying out project (5 points).

Source: Section 1.3.3 Scope of Work

B. Quality of Task/Activity Plan:

1. Activities are of sufficient scope and detail to provide evidence of satisfactory delivery of services and products (15 points).

2. Logical and appropriate time frames for completing project objectives (5 points).

C. Quality of Management Component:

1. Experience of organization in managing projects of similar scope to that described in this RFP (20 points).

2. Personnel qualifications, including appropriate combination of programmatic, research/evaluation, and technical skill sets and experience (10 points).

D. Cost Effectiveness and Appropriateness of Financial Resources Dedicated to Project:

1.Costs are appropriately aligned with major program objectives (20 points).

2.Costs associated with specific activities and tasks are reasonable for the work proposed (10 points).

Source: Section 3.4 Cost Proposal

E. Historical Underutilized Business:

1. Respondents who are classified as an underutilized business or use an underutilized business as a subcontractor and provide evidence of the certification (5 points).

Source: Section 4.4 Encouraged Participants

Total 100

4.3 DISCRIMINATION

No person shall, on the grounds of race, color, national origin, sex, age, disability, religion, citizenship status, genetic information, sexual orientation, gender identity, or any other protected class, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any SWK program or activity.

4.4 ENCOURAGED PARTICIPANTS

It is the policy of SWK that the following business enterprises have the maximum opportunity to participate in the purchasing and contracting process: (1) Small Businesses, (2) Women-Owned Businesses, (3) Minority-Owned Businesses, (4) Labor Surplus Area firms and (5) Veteran-Owned Businesses.

Accordingly, SWK encourages all the aforementioned business enterprises to compete for, win, and receive contracts for goods, services, and construction. Also, SWK encourages all companies to sub-contract portions of any SWK subcontract to the aforementioned business enterprises.

4.5 BEST AND FINAL OFFER

When deemed appropriate, after the submission of proposals but before the final selection of the successful proposal, SWK may request a best and final offer (“BAFO”) from Respondent(s). SWK will provide each Respondent within the competitive range with an equal opportunity for discussion and revision of their proposal. A Respondent may elect not to amend their original proposal. SWK is not bound to accept the best-priced proposal if that proposal is not the most advantageous to SWK as determined by the evaluation team.

5 CONTRACTUAL REQUIREMENTS

5.1 RESPONDENT’S PROPOSAL

Portions of the selected proposal(s) may be incorporated into the subcontract prepared by SWK for signature by the contracting parties.

5.2 MATERIAL & PRODUCT REQUIREMENTS

SWK reserves the right to review any materials, and/or products developed or adapted by the Subcontractor. Upon completion of the subcontract period, all documents will be returned to SWK or destroyed accordingly. All documents created at any time during the subcontract period belong to SWK. A designated SWK staff (i.e., project manager) will establish procedures for communicating phase out and transition of the deliverable(s).

5.3 VENDOR PERFORMANCE

SWK reserves the right to monitor vendor performance including, but not limited to, billing reviews, desk reviews, monitoring visits, vendor questionnaires, and requesting documents or information to validate performance.

5.4 PAYMENT

SWK’s payment terms are Net 30. Payment is only by reimbursement upon satisfactory performance of services or receipt of items. Payment is contingent upon submission of properly prepared and certified invoices. The information provided on each detailed status report must coincide with the tasks outlined in the approved budget, as negotiated by SWK.

5.5 VENDOR REGISTRATION IN ORACLE

Oracle serves as the primary procurement system for SWK, including vendor management. The Successful Respondent will be required to register in Oracle. Additionally, if the Respondent is to deliver goods to SWK, the Respondent must provide SWK with a list of contracted items for integration into the item data master within Oracle upon award.

Registration instructions are available at Supplier Registration Instructions on our YouTube channel.

Vendors can register using the Supplier Portal link Supplier Registration. Once logged into Oracle, vendors can add the required vendor information, upload the requested documents, and complete the vendor questionnaire located in the Supplier Portal.

6 APPENDIX

ATTACHMENT A – SWK GENERAL TERMS AND CONDITIONS

ATTACHMENT B – NOTICE OF INTENT TO SUBMIT A PROPOSAL

ATTACHMENT C – COVER PAGE SUGGESTED FORMAT FOR PROPOSAL

ATTACHMENT D – RESPONDENT COMPANY PROFILE FORM

ATTACHMENT E – RESPONDENT REFERENCES FORM

ATTACHMENT F – QUESTIONNAIRE

1 5/17/2023

ATTACHMENT A

All Respondents must reference Southwest Key Program's vendor page for all applicable Terms and Conditions: https://southwestkey.org/procurement/

Respondents encouraged to provide redlines to SWK's Terms and Conditions as part of their proposal submission, if any.

5/17/2023

VENDOR NONDISCLOSURE AGREEMENT

This VENDOR NONDISCLOSURE AGREEMENT (this “Agreement”) is made and entered by and between Southwest Key Programs, Inc. (“SWK”), and the entity or person identified on the signature block below (“Contractor”), and governs the disclosure of Confidential Information (as defined below) between the parties.

Discloser shall mean the party disclosing the Confidential Information. Recipient shall mean the party receiving the Confidential Information.

Recipient understands that Discloser has disclosed or may disclose, either directly or indirectly in writing, orally, or by inspection of tangible objects, to Recipient information relating to Discloser’s business that is confidential or proprietary in nature, whether explicitly designated as such or which in good faith ought to be treated as such given its nature and/or the nature of the disclosure (which to the extent previously, presently or subsequently obtained by Recipient is hereinafter referred to as “Confidential Information”).

Confidential Information may include, but shall not be deemed to be not limited to, the following:

i. non-published patent applications and the information contained therein, trade secrets, inventions (whether patentable or not), discoveries and improvements;

ii. (ii) concepts, know-how, ideas, inventions, products, techniques, processes, methodologies, testing procedures, design and functional specifications, analysis and performance information, sketches, drawings, models, apparatus, equipment, user documentation, internal documentation, engineering information, hardware configuration information, technical or other representations, documentation, diagrams, schematics, flow charts, features, mode of operation and other details of products and services, and information concerning research, experimental work, development, design documents, details and specifications;

iii. (iii) software design and architecture, software programs, source code, object code and other computer code, modules, software source documents, specifications, algorithms, formulas, scripts, data, databases, and formulas related to the current, future and proposed products and services;

iv. (iv) names and expertise of directors, officers, employees and consultants;

v. (v) procurement requirements, purchasing, customer data, customer lists, customer names, suppliers and strategic partners, and lists thereof; and

vi. (vi) technical, business, financial, marketing, customer, supplier and product development plans, schedules, forecasts, strategies, analysis, budgets, materials sales, merchandising, promotional and marketing plans and information.

Without limiting the foregoing, Confidential Information also may include proprietary or confidential information of any third party who may disclose such information to Discloser in the course of Discloser’s business, and for purposes of this Agreement, as between the parties such third-party confidential information shall be deemed Discloser’s Confidential Information.

In consideration of any access Recipient may have to Confidential Information and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Recipient agrees:

ATTACHMENT A

i. to hold any Confidential Information in strict confidence and to take all reasonable precautions to protect such Confidential Information;

ii. not to divulge any Confidential Information or any information derived therefrom to any third party, including, but not limited to, any affiliated entity (even if owned or controlled by Recipient);

iii. not to make any use whatsoever at any time of any Confidential Information except solely as needed to evaluate whether to enter into a business relationship with Discloser or as otherwise specifically agreed in writing (the “Purpose,” which in no case shall be deemed to extend to allow any use by Recipient that might reasonably cause current or future commercial damage to Discloser);

iv. not to copy or create derivative works of any Confidential Information without prior written approval by Discloser;

v. not to alter or delete any proprietary legends or markings on any Confidential Information; and

vi. not to decompile, disassemble, reverse engineer or otherwise attempt to derive the composition or underlying information, structure or ideas of any Confidential Information.

2. Discloser agrees that the foregoing clauses (i), (ii), (iii), (iv), (v) and (vi) shall not apply or shall cease to apply (as applicable) with respect to any information Recipient can show as a matter of contemporaneous record and otherwise by clear and convincing evidence:

i. (a) was already in Recipient’s possession prior to disclosure by Discloser;

ii. (b) was developed by Recipient without reference to any Confidential Information;

iii. (c) was obtained from a third party who is not prohibited from transmitting the information to Recipient by a contractual, legal or fiduciary obligation to Discloser; or

iv. (d) is or becomes generally available to the public other than as a result of any action or inaction by Recipient;

Provided, however, that should any information come within any circumstance listed in the foregoing clauses (i), (ii), (iii), and (iv) it does not authorize Recipient to infringe any proprietary rights of Discloser.

Recipient may make disclosures of Confidential Information required by court order, provided Recipient promptly notifies Discloser of the disclosure requirement and cooperates with Discloser’s reasonable efforts to resist or narrow the disclosure and to obtain an order or other reliable assurance that confidential treatment will be afforded the Confidential Information.

3. Recipient agrees that it shall take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. Without limiting the foregoing, Recipient shall take at least those measures that Recipient takes to protect its own most highly confidential information and shall have its employees, if any, who have access to Confidential Information sign a non-use and non-disclosure agreement in content substantially similar to the provisions hereof, prior to any disclosure of Confidential Information to such employees.

4. Recipient shall reproduce Discloser’s proprietary rights notices on any such approved copies, in the same manner in which such notices were set forth in or on the original.

5. Recipient shall immediately notify Discloser in the event of any unauthorized use or disclosure of the Confidential Information.

6. No terms in this section shall prohibit or restrict Recipient’s ability to report, in accordance with applicable law, any fraud, waste, or abuse of government funds to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.

7. Recipient is prohibited from requiring its employees or contractors to agree to confidentiality agreements or statements that prohibit or restrict the reporting of fraud, waste, or abuse.

8. Recipient agrees not to remove or export from the United States or re-export any Confidential Information or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws and regulations, including without limitation, those of the United States Department of Commerce.

9. Immediately upon (i) the decision by either party not to enter into a business relationship or (ii) the request of Discloser, Recipient will turn over to Discloser all Confidential Information and all documents or media containing any Confidential Information and any and all copies or extracts thereof. Upon Discloser’s request, Recipient will provide Discloser with a certificate attesting that all Confidential Information has been returned to Discloser. Recipient shall not be required to return or destroy any Confidential Information housed in automated backup system or if required under law to maintain records. Such Confidential Information shall continue to be controlled under this Agreement.

10. Recipient understands and agrees that nothing herein requires Discloser (i) to disclose any Confidential Information, which shall be disclosed, if at all, solely at the option of Discloser, or (ii) to proceed with a business relationship or any relationship in connection with which Confidential Information may be disclosed.

11. ALL CONFIDENTIAL INFORMATION IS PROVIDED “AS IS.” DISCLOSER MAKES NO WARRANTY, EXPRESS OR

IMPLIED, REGARDING THE TIMELINESS, ACCURACY OR COMPLETENESS OF ANY CONFIDENTIAL

INFORMATION.

12. This Agreement does not grant any rights to Recipient under any patent, copyright or other intellectual property right of Discloser, nor shall this Agreement grant Recipient any rights in or to Confidential Information except as expressly set forth herein. As between Recipient and Discloser, all Confidential Information and any derivatives thereof, whether created by Discloser or Recipient, shall remain the sole property of Discloser.

13. Recipient’s obligations under this Agreement will continue until such time as and only to the extent that Confidential Information is publicly known and made generally available through no action or inaction of Recipient.

14. Recipient acknowledges and agrees that due to the unique nature of the Confidential Information, there may be no adequate remedy at law for any breach of Recipient’s obligations hereunder and that any such breach may allow Recipient and/or third parties to unfairly compete with Discloser resulting in irreparable harm to Discloser. Recipient agrees that upon any such breach or any threat thereof, Discloser shall be entitled to seek appropriate equitable and/or injunctive relief in addition to whatever remedies it might have at law (without being required to post a bond or other security) and to be indemnified by Recipient from any loss or harm, including, without limitation, reasonable attorneys’ fees, in connection with any breach or enforcement of Recipient’s obligations hereunder or the unauthorized use or release of any Confidential Information. Recipient shall notify Discloser in writing immediately upon the occurrence of any such unauthorized release or other breach of which it is aware and shall cooperate with Discloser in every reasonable way to help Discloser regain possession of such Confidential Information and prevent its further unauthorized use or disclosure.

15. In the event any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and the illegal, invalid or unenforceable provision shall be modified so as to be fully enforceable and to achieve to the maximum extent possible the business and economic purposes of the provision as originally drafted.

16. This Agreement shall be governed by the laws of the State of Texas without regard to the conflicts of law provisions thereof, and the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas and agree to waive all objections to personal jurisdiction, venue and forum non conveniens.

17. This Agreement supersedes all prior discussions and writings and constitutes the entire agreement between the parties with respect to the Confidential Information disclosed pursuant to this Agreement.

18. This Agreement shall bind the respective officers, agents, employees and representatives of the parties and shall inure to the benefit of the parties, their successors and permitted assigns.

19. No waiver, modification or amendment of this Agreement will be binding upon either party unless made in writing and signed by a duly authorized representative of such party, and no failure or delay in enforcing any right will be deemed a waiver thereof.

20. Notices hereunder will be effective only if in writing and upon receipt if delivered personally or by overnight mail carrier or facsimile transmission confirmed by mailing, or three (3) days after deposit in the United States mail, first class postage prepaid.

21. Any ambiguous language in this Agreement shall be interpreted as to its fair meaning, and not strictly for or against either party, regardless of whether either party drafted the Agreement.

22. The prevailing party in any action to enforce this Agreement shall be entitled to costs and fees (including reasonable attorneys’ fees and expert witness fees) incurred in connection with such action.

SOUTHWEST KEY PROGRAMS, INC.

By: ___________________________________

CONTRACTOR

By: ___________________________________

Name: _________________________________ Name: _________________________________ Title: __________________________________ Title: __________________________________ Date: ____________________

Date: ____________________

ATTACHMENT B

OPTIONAL NOTICE OF INTENT TO

SUBMIT A PROPOSAL

RFP #

Project Title:

The undersigned organization hereby files a notice of intent to submit a proposal:

Name of Organization:

Mailing Address:

Contact Person:

E-Mail:

Phone Number:

FAX:

• Filing of this notice is not mandatory; however, it will assist Southwest Key Programs in anticipating the volume of proposals in order to better expedite the review process and finalize contract awards.

• Filing this notice in no way binds the organization to submit a proposal for this RFP.

• Respondents who do not file this notice are still eligible to submit a proposal.

PLEASE SUBMIT THIS NOTICE TO BONFIRE AS SOON AS POSSIBLE AFTER

RECEIPT OF THE RFP, BUT NOT LATER THAN, 7/21/2023.

ATTACHMENT C

(FORMAT FOR COVER PAGE)

PROPOSAL

Submitted to

Southwest Key Programs Procurement Department

RFP #:

TITLE OF PROPOSAL: Provide name of proposal as indicated on the RFP.

RESPONDENTORGANIZATION: Name and address of organization submitting proposal (include zip code)

RESPONDENT ORGANIZATION

IDENTIFICATION NUMBER:

Show Respondent organization Federal Employer's Identification Number

PROPOSAL DEVELOPED BY: Name, position, email, and telephone number of the person responsible for development of proposal

PROJECT ADMINISTRATOR: Name, position, email, and telephone number of the person to oversee the proposed project

PROPOSAL TRANSMITTED BY:

Name, position, email, and telephone number of the official committing the Respondent organization to the proposed project

CONTRACTING OFFICER:

Name, position, email, and telephone number of official with authority to negotiate contracts for Respondent organization

DURATION OF PROJECT: Beginning and ending dates of proposed project

TOTAL BUDGET FOR PROPOSAL

PROJECT: Total of projected expenditures listed in budget section

CONTAINS PROPRIETARY INFORMATION: Indicate yes/no if proposal being submitted contains proprietary information

DATE SUBMITTED: Date proposal is submitted to SWK

ATTACHMENT D

Company Profile Form

Company/Entity Name: ________________________________________________

Address: ____________________________________________________

Telephone: ________________________________________________

Email: ________________________________________________

Website: ________________________________________________

Taxpayer Identification #: ________________________________________________

Contact Name: ________________________________________________

Title: ________________________________________________

Telephone: ________________________________________________

Email: ________________________________________________

Accounts Payable (AP) Contact Name: ____________________________________________

AP Contact Title: ________________________________________________

AP Contact Telephone: ________________________________________________

AP Contact Email: ________________________________________________

Address the following in a separate Microsoft Word document titled: Company Profile Information:

• Detail the basic organizational information, such as, size of organization, how long in business, public or private entity, etc.

• List the location of office (s)

• Describe the range of services provided

• Provide a list of similar customers within the last five years

Please submit the following documents with the response or bid:

• A W-9, Request for Taxpayer Identification Number and Certification

• A Current Certificate of Insurance (COI)

ATTACHMENT E

(FORMAT FOR REFERENCE FORM)

REFERENCE FORM

Company or Entity Name:

Address:

Contact Name:

Telephone / Email:

Business Reference

Company or Entity:

Contact Name:

Contact Telephone or Email:

Brief Description of Work:

Amount of Contract:

Contract Start / End Date:

Business Reference

Company or Entity:

Contact Name:

Contact Telephone or Email:

Brief Description of Work:

Amount of Contract:

Contract Start / End Date:

Business Reference

Company or Entity:

Contact Name:

Contact Telephone or Email:

Brief Description of Work:

Amount of Contract:

Contract Start / End Date:

ATTACHMENT F:

QUESTIONNAIRE

1.1 PLATFORM & SERVICE

Please describe your intake process. Do you provide live intake? If so, what type of information is requested of or provided to the employee?

Describe your call center services and call-handling capabilities: language services, transfer process, escalation process, and work hours for call center, including alignment with site operations for SWK (e.g., multiple shifts, 24/7, weekends).

Do you utilize a rules-driven web-based platform for managing leaves? When was this system implemented? Is this an upgrade to an existing system or a new system capability?

Describe your online, web-based capabilities and include information regarding employer access, form, and reporting.

Do you perform any system or administrative tests to ensure data integrity and a successful conversion prior to go-live?

Do you have a fully integrated (web-based) system that allows self-service for employees, information technology staff, managers/supervisors, and human resources? (i.e., secure log-in, support staff for help)

Does the system allow for role-based access (i.e., employee, manager, claims manager, business unit point of contact, etc.)?

Explain the level of accessibility SWK staff will be granted, which, at a minimum, should include view access to the complete diary system, as well as the ability to run ad-hoc reporting. Additionally, describe how SWK will be provided accessibility to the third-party Respondent services system/database, which should include information to be interfaced with SWK UKG Systems Timekeeping System.

Does the system allow for single-sign-on for an employee/manager from a client's PC System/Application? (i.e., work, mobile apps, home, but not limited to these accesses)

Does your staffing model support a single claim manager who handles a given employee's leave from end to end (i.e., manages leave from intake to return to work or transition to Long Term Disability)?

Is your system able to automatically generate communications to Human Resources and Management? Describe the typical method of communication, including methods used for intermittent or problematic cases.

What are your system's backup and disaster recovery process and procedures, including uptime availability of the system and technical support capabilities?What technical support is available for any technology utilized? What are support hours? Describe the level of system support.

Are disability and other leaves all on a single system platform to provide full integration of leave management and processes?

Please indicate which of the following claim intake methods are included in your proposed program for SWK: Online via the Internet, accessible to visually impaired, printed copy, and/or telephonic with live representative.

How is the employee's supervisor or manager notified of the FMLA request? What is the timeframe of this notification?

Will you take over currently open FMLA leave cases, or will your services be limited to new leaves? Provide a proposed transition approach and/or strategy for handling current cases or legal matters.

Given potential liability, what audits do you have in place for review of FMLA leave, guidelines, processes and procedures to lessen the potential liability to SWK?

Are you able to provide a dedicated customer/claims service unit? Additionally, is this performed internally by company or outsourced?

1.2 DATA

Describe the data and information that is available to SWK's FMLA contract administrator.

Describe the data and information that is available to managers and supervisors.

What are SWK requirements (e.g., time, resources, and technology) for interfacing, testing, and deployment of the Third-Party Administrator (TPA) System?

1.3 INTEGRATION

Does your company have experience working with UKG Systems? Will the Respondent provide a dedicated technology implementation specialist to coordinate initial implementation of the data feeds? Will the assigned designated processes and procedure to maintain the system interface?

Does your proposed system solution interface work with UKG Systems? If not, what additional modules or setup requirements do you require to interface with UKG Systems? If proposed system solution currently interfaces with UKG Systems, provide technical configuration needs, and system requirements for the module or interface.

Respondent shall provide all software and integration tools necessary to integrate information seamlessly with existing system(s) used by SWK UKG Systems. Respondent must be able to provide interfaces with Kronos Application. The interface information required includes but is not limited to employee data, time keeping data, and time keeping element information such as vacation, sick, FMLA, loa, etc.) as required and used by SWK.

This information must be sent/received in real time or at least daily as a minimum. Data file format must be in the format required by the Kronos Application. Describe the process to accomplish this task.

Does your system have the ability to accept feeds from the client's time and attendance system? If so, what is your recommended frequency (e.g., real-time, hourly, daily, weekly, etc.)? Additionally, provide format requirements.

1.4 REPORTING

What "on demand" report(s) are available via the Respondent's secure employer management website? Is "real-time" drill-down available to determine utilization from a specific location, and is the particular reason for the leave recorded for non-concurrent claims? Does the Respondent provide trend analysis and alerts to inform SWK of developing issues? What reporting enhancements or upgrades does the Respondent expect to complete within the next six (6) months?

Provide a general description of the reporting packages you offer. Is the information available through your reporting package accessible at any time? If not, what days and hours is it available?

Can reports be generated for various levels of our organization? List options for report distribution to managers, functional staff personnel, and other necessary staff.

What are your inquiry and ad hoc reporting capabilities?

Please provide a complete list of tracking and monitoring reports.