ESBD_File_340764_Addendum 2.pdf

Procurement Services - Purchasing

Addendum # 2

Questions & Answers

RFP #717-24-708

Compliance Program Services

1. When reviewing all institutional policies to ensure accuracy, consistency, and compliance with University’s state and federal regulatory requirements, will the Consultant work in collaboration with the Office of General Counsel and the operational units who have primary day-to-day responsibility for university policies? (See TSU Manual of Administrative

Policies and Procedures 01.01.01)

Response: Yes

2. How many Title IX and Violence Against Women Act (VAWA) complaints, investigations, hearings and informal resolutions does the office handle every year? What software or technology does the office use to facilitate its work, such as a case management system?

Does the office handle Americans with Disabilities Act (ADA) and other civil rights complaints, and if so, how many each year?

Response: Approximately 20 cases annually. Software: Maxient and Navex Global. No, other complaints are processed through Human Resources

3. Are there any "carve outs" for Office of Compliance investigative authority? For example: in one policy, Internal Audit handles complaints raised against Board members and senior executives. Will all existing “carve outs" remain the same?

Response: All “carve outs” will remain the same unless the Office of Compliance recommends justification to do otherwise.

4. Generally, direct day-to-day oversight of the Clery Coordinator position and related policies, including the compilation of the annual Clery report, is the responsibility of the Department of Public Safety. Would the Office of Compliance have day-to-day supervision of this program or would Compliance work in collaboration with Public Safety and provide oversight and facilitation?

Response: The Office of Compliance will work in collaboration with Public Safety.

5. Currently, the Office of Compliance has a staff member assigned to Enterprise Risk

Management (ERM). Will this staff member be retained, or will the Consulting Firm outsource this position as well?

Response: The position may be retained and possibly relocated along with the responsibilities.

6. Of the staff members currently assigned to the Office of Compliance, will any headcount be maintained?

Response: Once the contracting firm is retained, this will be a discussion with the contract manager.

7. What responsibilities will the Consulting Firm have related to other positions and functions currently assigned to the Office of Compliance including EHS, Insurance and Risk

Management, Operations, Contract Management, and Records Retention and Management?

Response: The Consulting Firm will be responsible for all positions and functions currently listed under the Office of Compliance. The following departments may be relocated: Environmental Health and Safety, Operations and Planning, Industrial

Hygiene and Enterprise Risk Management. For pricing purposes, two (2) flat fees can be offered: (1) to include these departments and (2) to exclude these departments.

8. What responsibility will the Consulting Firm have with respect to handling compliance reporting hotline and investigations? Generally, how many compliance investigations outside of Title IX does the Office of Compliance handle annually?

Response: The Office of Compliance will work in collaboration with Public Safety from beginning to end. Compliance investigations outside of Title IX: 5-10 annually.

9. Does TSU have existing committees for Compliance and Risk, respectively, or working groups of Compliance partners and TSU executives? If yes, what responsibilities will the Consulting

Firm have for leading those groups?

Response: There are working groups. The Consulting Firm is responsible for leading their specific group and participates in other such groups.

10. Are there any offices with compliance responsibilities that will report directly to the outsourced Office of Compliance (e.g., Athletics Compliance)?

Response: No. The Office of Compliance will work in collaboration with other departments with compliance responsibilities.

11. With respect to the Consulting Firm’s role in representing TSU in legislative matters, we note that TSU has an Office of Governmental Affairs. Will the Consulting Firm work in collaboration with that Office or replace its function?

Response: The Office of Compliance will work in collaboration with the Office of

Governmental Affairs.

12. The RFP notes that the Consulting Firm will serve as a Compliance Legal Advisor on institutional committees. Which institutional committees will the Consulting Firm be involved in (e.g., Animal Welfare, Human Subjects Research, Biosafety)? We note that the

Board Charter for the Compliance Function suggests that the Compliance Office is responsible for research compliance. Will direct oversight of research grants administration and compliance be part of the outsourced responsibilities?

Response: The Office of Compliance will work in collaboration with other departments/committees with compliance responsibilities.

13. With respect to the Consulting Firm’s work in representing TSU in compliance matters in all interactions with the public, we note that TSU has an Office of Communications. Will the

Consulting Firm work in collaboration with that Office or replace its function?

Response: The Office of Compliance will work in collaboration with the Office of

Communications.

14. What percentage of work is expected to be done in-person / remote / hybrid?

Response: 60% in person, 20% remote and 20% hybrid.

15. On page 8, the RFP states “All costs should be detailed and itemized, as well as providing a

“grand total” so that a score can be assigned.” Based on this, is TSU anticipating a flat fee?

While we are happy to provide hourly rates, we would not be able to provide a “grand total” for hourly rates.

Response: A flat fee is requested. You may provide hourly rates; however, Section 3.5.4 may be applied “Failure to provide a singular grand total when requested could be grounds for dismissal and/or disqualification of your response.”

16. On page 10, the RFP states that our response is due on Tuesday, November 28 and must be mailed. With the Thanksgiving holiday around this time, would TSU consider extending the deadline to later that week?

Response: Yes, the new deadline date will be December 5, 2023, at 1:00 p.m.

17. On page 10, the RFP instructs us to provide “TSU Terms and Conditions” in Tab 6 of our response. Is TSU anticipating that we provide exceptions to its terms and conditions in this section?

18. How many cases have been reported over the past 12 months?

Response: Approximately 20

19. How many cases over the past 12 months have required litigation?

Response: Approximately 1

20. How much involvement does TSU’s General Counsel have involving Title IX disputes? As needed, daily?

Response: Very minimal.

21. What is the anticipated cost for this project?

Response: $700,000 annually

22. Does TSU have any current policies and procedures in place and who is responsible for oversight?

Response: All functional areas are responsible for their policies.

23. Are there any cases currently in litigation?

Response: No

24. Is there currently any backlog of cases, reports, or investigations? If so, how many?

Response: Yes, 2.

25. What is the new anticipated award date of the contract?

Response: January 2024

26. When would the contract start?

Response: January 2024

27. Are we overseeing compliance for the entire University or just Title IX and Clery? If entire

University, what areas of compliance specifically?

Response: The Consulting Firm will primarily oversee Title IX, Clery, Grants & Contracts and work in collaboration with other departments as required.

28. Will the University have an employee serving as the Title IX Coordinator? This role then oversees that?

Response: Yes and yes.

29. Will campus employees be part of this department at all or you plan to fully outsource it to the vendor?

Response: All excluding the Title IX Coordinator.

30. What is the length of this contract? Are you looking for someone to help get the structure established and ingrained in the community with the intention to take it back over? Or you plan to permanently outsource it?

Response: The contract will begin as a multiple-year agreement with the possibility of extending it.

31. What structure was in place in the past that we are replacing?

Response: The Department consists of a Compliance Officer/ Title IX coordinator, Title IX

Investigator and Compliance Officer II and Office Administrator.

32. Mention of legal representation – what does this need look like (in 13 and 15 in Section II of the RFP)?

Response: Be a subject matter expert in litigation involving compliance matters.

33. The anticipated cost of the venture is $700,000 – this is annually or in year one for set up?

Response: Annually

34. Are other vendors being considered?

35. Will you break the services out between vendors?

Response: No

36. Who would this role report to on campus?

Response: The Board of Regents.

Please sign this Addendum and include it in your response. Your signature will signify your acknowledgement / receipt of this addendum.

Signature