ESBD_File_348137_RFP 2024-002 Professional Employer Services.pdf

Workforce Solutions Alamo is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Relay Texas (800) 735-2989 (TDD) or (800)735-2988 Voice.

REQUEST FOR PROPOSALS

RFP 2024-002

Purchase of: PROFESSIONAL EMPLOYER ORGANIZATION

SERVICES (PEO)

Date of Release: January 22, 2024

RFP Submission Deadline: February 5, 2024, By 2:00PM CST

A pre-proposal conference has been scheduled for 11:00 AM on January 29, 2024

All questions related to this Request for Proposal must be emailed to Kristen Rodriguez, Procurement and Contract Specialist, krodriguez@wsalamo.org with copy to procurement@wsalamo.org.

mailto:krodriguez@wsalamo.org mailto:procurement@wsalamo.org

Table of Contents

GENERAL INFORMATION 3

PART 1 – INTRODUCTION 4

1.1 Purpose of Request for Proposals (RFP)

1.2 Procurement Standards

1.3 Applicable Authorities

1.4 RFP Schedule

1.5 Issuance and Availability of RFP

1.6 Response Deadline

1.7 Open Records

1.8 Type of Contract

1.9 Contract Period

1.10 Eligible Offerors

1.11 Governing Provisions and Limitations

1.12 Administrative Requirements and Other Limitations

PART 2 – SCOPE OF WORK 10

2.1 Services

2.2 Fees/Charges

PART 3 – PROPOSAL REVIEW AND EVALUATION PROCESS 13

3.1 Proposal Review and Evaluation

3.2 Proposal Evaluation Criteria

3.3 Appeal Process and Procedures

PART 4 – PROPOSAL PREPARATION AND SUBMISSION 15

ATTACHMENTS

ATTACHMENT A – Proposal Cover Sheet.

ATTACHMENT B – Bid Sheet

ATTACHMENT C – Certification Regarding Debarment

ATTACHMENT D – Certification Regarding Non-Discrimination & Equal Opportunity

ATTACHMENT E – Certification Texas Corporate Franchise

ATTACHMENT F - State Assessment Certification

ATTACHMENT G - Undocumented Worker Certification

ATTACHMENT H - Certificate Conflict of Interest

ATTACHMENT I - Certificate of Applicant

ATTACHMENT J – References

ATTCHMENT K – Sample Terms & Conditions (Contract)

General Information

Introduction

The Workforce Solutions Alamo (WSA) Board serves as the governing board for the regional workforce system, a network of service providers and contractors that brings people and jobs together. We represent the taxpayers of the 13-county Alamo region. Our membership reflects the diverse constituencies of the regional community: business, economic development, education, labor, community organizations and government.

Workforce Solutions Alamo serves Atascosa, Bandera, Bexar, Comal, Frio, Gillespie, Guadalupe, Karnes, Kendall, Kerr, McMullen, Medina, and Wilson counties.

Mission

Strengthen the Alamo Regional economy by growing and connecting talent pipelines to employers.

Vision

To lead the most integrated community workforce network in the nation

Sector Base Model: It is the intent of Workforce Solutions Alamo to collaborate with

Contractors` to contribute innovative strategies in the performance of relevant products and services related to the design, implementation, coordination, oversight, and reporting of activities/services to support WSA’s Sector Base Model.

• Targets a specific industry or cluster of occupations, developing a deep understanding of the interrelationships between business competitiveness and the workforce needs of the targeted industry.

• Intervenes through a credible organization, or set of organizations, crafting workforce solutions tailored to that industry and its region.

• Supports workers in improving their range of employment-related skills, improving their ability to compete for work opportunities of higher quality.

• Meets the needs of employers, improving their ability to compete within the marketplace.

• Creates lasting change in the labor market system to the benefit of both workers and employers.

In December 2022, Workforce Solutions Alamo announced it will be sponsoring a Workforce Leadership Academy, a program designed to support leaders in workforce development committed to the advancement of the local workforce ecosystem. Workforce Solutions Alamo was one of only eight organizations chosen from across the country to deliver an Academy in partnership with the Aspen Institute.

PART 1 - INTRODUCTION

1.1 Purpose

Workforce Solutions Alamo is soliciting proposals for the purchase of Professional Employer Organization (PEO) services.

1.2 Procurement Standards

This Request for Proposals (RFP) provides a uniform method for the procurement of specified goods/services, allowing for full and open competition. It contains the necessary background, requirements, technical specifications, information, and instructions for responding to the RFP. The services solicited under this RFP are procured under the competitive negotiation method of procurement, as described in the Texas Workforce Commission’s (TWC) Financial Manual for Grants and Contracts (FMGC).

1.3 Applicable Authorities

• All applicable federal statues, regulations, policies, and guidance as presently in effect and as may become effective during the term of this Award.

• Office of Management and Budget’s Uniform Guidance at 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements and 2 C.F.R. Part 2900, Department of Labor (DOL) exceptions to 2 C.F.R. Part 200; and

➢ Approved Local Workforce Development Board Plan including modifications and amendments including: §

38.25 A grant applicant's obligation to provide a written assurance, and defined in § 38.4

1.4 RFP Schedule

The following schedule is subject to change at the discretion of the Board. Offerors should regularly check the WSA’s Board website (www.workforcesolutionsalamo.org) for posted updates. All updates and changes will be posted to BonFire. All times shown are Central Standard Time (CST).

Activity Date

Issuance of RFP January 22, 2024 Pre-Submittal Conference January 29, 2024, at 11:00 AM CST see link below

RFP Questions due by January 30, 2024, by 4:00 PM CST Issue Q&A Addendum January 31, 2024

Proposals due by February 5, 2024, by 2 PM CST

Contract and Implementation Start Date March 1, 2024

First Check run April 26, 2024

Pre-Submittal Conference Link:

Click here to join the meeting

1.5 Issuance and Availability of RFP

This RFP is issued by the Workforce Solutions Alamo Board, under the direction of the Chief Executive Officer, 100 N. Santa Rosa, Suite 120, San Antonio, Texas 78207. WSA utilizes BonFire eBid Software for RFP distribution and electronic submission of proposals. To access the portal, Offerors are encouraged to register online workforcesolutionsalamo.bonfirehub.com/portal.

Questions to this RFP will be accepted in writing only. You may submit questions no later than seven days prior to https://www.twc.texas.gov/agency/financial-manual-grants-contracts https://www.ecfr.gov/current/title-29/subtitle-A/part-38/subpart-B/subject-group-ECFRc266e303d57dec5/section-38.25 https://www.ecfr.gov/current/title-29/subtitle-A/part-38/subpart-B/subject-group-ECFRc266e303d57dec5/section-38.25 https://www.ecfr.gov/current/title-29/subtitle-A/part-38/subpart-A/section-38.4 https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2ZiOGFlMTUtMzhmYy00ZWMzLTg3NzYtMWI0NDBhZGY3Nzcy%40thread.v2/0?context=%7b%22Tid%22%3a%2233ddac6d-ae28-4609-8792-5bc7d9153f37%22%2c%22Oid%22%3a%22626a9e76-ef91-4068-86d6-10b42eae9c11%22%7d http://www.workforcesolutionsalamo.bonfirehub.com/portal the RFP deadline. All questions received will be responded to by formal addendum. The addendum will be posted on BonFire to view.

Note: All Workforce Solutions Board members, officers, staff, or authorized representatives are precluded from answering questions concerning this RFP or the procurement process. Offerors are asked to respect this condition by not asking questions or making requests for assistance, except to the authorized contact person. Violations may result in disqualification.

1.6 Response Deadline

Proposals must be submitted no later than January 30, 2024 By 2 PM CST. Offerors may provide electronic or physical submissions of proposal responses as follows:

• If Electronic: Offeror must register on BonFire to access the proposal request and to submit required documents: workforcesolutionsalamo.bonfire.com

• If Physical: Submit signed sealed proposal in an envelope to include one (1) printed original and one

(1) electronic copy on USB thumb drive of the proposal and mark with RFP/RFQ solicitation Number and Title indicated on the top of the envelope, to:

Workforce Solutions Alamo Procurement Department 100 N. Santa Rosa, Suite 120 San Antonio, Texas 78207

The timely delivery of proposals is the sole responsibility of the Offeror. Workforce Solutions Alamo is not responsible for any failures and/or errors of omission. Disputes concerning late or non-delivered proposals cannot be appealed. Any proposals or amendments received after the specified deadline will not be considered and will be deemed as late and non-responsive – NO EXCEPTIONS.

1.7 Open Records

Proposals submitted in response to this RFP/RFQ are subject to the Texas Public Information Act, Government Code, Chapter 552, and may be disclosed to the public upon request. Therefore, any confidential, privileged, or proprietary information contained within a proposal must be clearly identified by the Offeror in the proposal itself (each applicable page clearly marked). Such information will be kept confidential by Workforce Solutions Alamo to the extent permitted by State law.

1.8 Type of Contract

Workforce Solutions Alamo intends to negotiate a contract as a result of this RFP. Any contract resulting from this.

RFP/RFQ shall be contingent upon the receipt of sufficient funding from the Texas Workforce Commission (TWC) and other sources. Negotiated contract amounts will be contingent upon funding received and available. The final contract will be subject to any changes in legislation, regulations, rules, or policies promulgated by the funding sources, including the U.S. Department of Labor and the Texas Workforce Commission. General and administrative provisions contained in this RFP will be incorporated into the resulting contract.

Workforce Solutions Alamo reserves the right to vary or change the terms of any contract resulting from this RFP, including funding levels, scope of work, performance measures, adding other related programs or services and funding sources, and shortening or extending the contract period, as it deems necessary and in the best interests https://workforcesolutionsalamo.bonfirehub.com/portal/?tab=openOpportunities of Workforce Solutions Alamo.

1.9 Contract Period

It is the intent of WSA to award a single contract for Professional Employer Organization (PEO) services. The duration of the contract shall be for a 12-month period effective March 1, 2024, through February 28, 2025. The Board may opt to extend the contract for up to two (2) one (1) year renewals upon written mutual consent of both parties. WSA reserves the right to terminate a contract at any time for convenience or based on contractor performance, matters of noncompliance or insufficient funds.

1.10 Who is eligible to Submit

All Offerors of the requested goods/services are eligible to respond to this RFP/RFQ. Small, Minority Women and Veteran-owned businesses, and Historically Underutilized Businesses are encouraged to respond to this RFP/RFQ.

Entities that are presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from participation or the receipt of funds from any federal department or agency are not eligible to respond to this RFP or receive a contract.

1.11 Governing Provisions

1. All proposals submitted to Workforce Solutions Alamo in response to this RFP will become the exclusive property of Workforce Solutions.

2. Proposal, if accepted, will become the basis for the contract scope of work.

3. The purpose of the RFP is to ensure uniform standards and information in the solicitation of proposals for requested goods/services. This RFP is not to be construed as a purchase agreement or contract or as a commitment of any kind; nor does it commit Workforce Solutions Alamo to pay for any costs incurred in the preparation of a proposal or any other costs incurred prior to the execution of a formal contract unless such costs are specifically authorized in writing by Workforce Solutions Alamo.

4. Workforce Solutions Alamo reserves the right to accept or reject any or all proposals received, to cancel and/or reissue this RFP in part or its entirety.

5. This is a negotiated procurement utilizing the Request for Proposal/Bid method, and as such, the selection and award of a contract does not have to be made to the Offeror with the lowest priced, but rather to the Offeror submitting the best value proposal that satisfies Workforce Solutions Alamo and its Board requirements and is determined to be in the Board’s best interests.

6. There is no guaranteed purchase commitment. Workforce Solutions Alamo reserves the right to award a contract(s) for any services solicited in this RFP on an Indefinite Delivery Indefinite Order quantity, IDIQ basis.

7. Workforce Solutions Alamo is a steward of public funds and is subject to all requirements under Uniform Guidance (2 CFR 200) and must act with reasonableness as a prudent person when making a decision with public funds.

8. Workforce Solutions Alamo reserves the right to extend, shorten, increase, or decrease any contract awarded as a result of this RFP.

9. Workforce Solutions Alamo reserves the right to waive any defect in the procurement or to correct any error(s) and/or make changes to this solicitation as it deems necessary. Workforce Solutions Alamo will provide notification of any changes to all known Offerors.

10. Workforce Solutions Alamo reserves the right to request additional information, clarification, or explanation of any aspect of a proposal submitted in response to this RFP.

11. Workforce Solutions Alamo reserves the right to negotiate the final terms of all contracts or agreements with selected Offerors. Any contract terms negotiated as a result of this RFP may be renegotiated and/or amended in order to meet the needs of Workforce Solutions Alamo.

12. Workforce Solutions Alamo reserves the right to contact any individuals, agency, employer, or grantee listed in a proposal, or to contact others who may have experience or knowledge of the Offeror’s relevant performance and/or qualifications; and to request additional information from all Offerors to this RFP.

13. Workforce Solutions Alamo reserves the right to conduct reviews of records, systems, procedures, including credit and background checks, etc. of any entity selected for a contract award. This may occur prior to, or after the award or execution of a contract. Any misrepresentation of the Offeror’s ability to perform as stated in the proposal may result in the disqualification of the Offeror or the cancellation of any contract awarded as a result of this RFP.

14. The Offeror selected for contract award must meet the requirements of Workforce Solutions’ key control certification system to ensure the financial integrity of the entity prior to the execution of a contract. Workforce Solutions or its designee reserves the right to conduct a pre-award review of the selected Offeror prior to the execution of a final contract.

15. Workforce Solutions Alamo reserves the right to withdraw or reduce the amount of any award or to cancel any contract resulting from this procurement if adequate funding is not available or due to legislative changes.

16. Workforce Solutions Alamo reserves the right to impose additional requirements and refinements to the terms and conditions, scope of work, performance measures, and funding amounts or sources during the contract term.

17. Workforce Solutions Alamo reserves the right to negotiate with the next highest ranked offer if unable to execute an agreement with the awarded offeror.

18. Offerors shall not engage in any activity which would restrict or eliminate competition under this procurement.

Violation of this provision may cause an Offeror to be disqualified. This does not preclude joint ventures, partnerships, collaborations, or subcontracts.

19. Offerors shall not, under penalty of law, offer or provide any gratuities, favors, or anything of monetary value to any board member, officer, employee, proposal evaluator, authorized agent of the Board, or elected official for the purpose of having an influencing effect on this procurement.

20. Offerors shall not attempt in any manner to advocate for, lobby, or otherwise attempt to influence any board member, officer, employee, proposal evaluator, authorized agent of the Board, or elected official for purposes of having an influencing effect on this procurement.

21. No Board member, officer, employee, or authorized agent of Workforce Solutions Alamo shall participate in the selection, award, or administration of a contract supported by Board funds if a conflict of interest, real or apparent, is involved.

22. All proposals submitted must be an original work product of the proposing entity. The copying, paraphrasing or other use of substantial portions of the work product of others and submitted hereunder as original work of the Offeror without written authorization and proper citation, is prohibited. Failure to adhere to this requirement may cause the proposal to be disqualified. All proposals and accompanying attachments will become the property of

Workforce Solutions Alamo after submission and will not be returned.

23. The contents of a successful proposal may become a contractual obligation and be incorporated by reference into a contract. Offerors must intend to fulfill all the representations in their proposal. Failure of a Offeror to accept this obligation may result in the cancellation of an award or contract. No pricing error or mistake shall be available to a successful Offeror as a basis for release from proposed services. Any damages incurred by Workforce Solutions Alamo because of a successful Offeror’s failure to contract may be recovered from the proposing entity.

24. A contract with the selected Offeror may be withheld, at the sole discretion of the Board, if issue of contract or regulatory compliance or questioned/disallowed costs, audit or monitoring findings, or legal issues exist until such issues are resolved to the satisfaction of the Board.

25. Workforce Solutions Alamo reserves the right to deem as non-responsive or to disqualify any proposal that, in its sole discretion, does not comply with or conform to the terms, conditions, specifications, and/or requirements contained in this RFP.

1.12 Administrative Requirements and Other Limitations

1. Workforce Solutions Alamo will provide any training and/or technical assistance needed by the selected contractor regarding Board policies, documents, procedures, etc. that are specific to Workforce Solutions Alamo.

2. Employees of the contractor are subject to the exclusive control and supervision of the contractor. The Contractor is solely responsible for personnel matters including hiring, discipline, termination, supervision, criminal background checks, training, evaluation, etc. for its employees.

3. Proof of insurance is not a requirement for the submission of a proposal, but the selected Offeror will be required to obtain and provide proof for all insurances specified in this RFP and provide Workforce Solutions Alamo with proper certificates or policies prior to commencing work under a contract resulting from this RFP. Workforce Solutions Alamo must be listed as an additional insured on the Certificate of Insurance. Policies must remain in full force for the duration of a contract. Any changes in insurers, coverage, deductibles, modifications, alterations, or cancellations of coverage during the term of the contract must be immediately communicated to the Board. The following insurances/bonding are required:

a. General Liability – Contractor must carry general liability insurance coverage sufficient to cover any liability that may arise from the performance of a contract resulting from this RFP. General liability must cover bodily injury and property damage to a third party and personal injury; $500,000 each occurrence or $1,000,000 aggregate is required. A reasonable deductible is allowed, but not to exceed $5,000 per occurrence. A consultant must be able to cover the cost of any deductible.

b. Errors and Omissions – Contractor must, at its own expense, must carry “errors and omissions” insurance or the equivalent. Contract funds cannot be used to pay for Errors and Omissions insurance.

c. Motor Vehicle – if the Contractor or its employees use motor vehicles in the conduct of business under a contract resulting from this RFP, liability insurance covering bodily injury and property damage must be provided through a commercial insurance policy. Such insurance shall provide for a minimum coverage of $100,000 liability per occurrence; $300,000 aggregate liability; $100,000 property damage; personal injury protection; uninsured motorist protection, and a maximum deductible of $1000. Contractor must be able to cover the cost of any deductible.

d. Workers’ Compensation – Contractor must ensure that all employees are covered by worker’s compensation insurance. If self-insured, the contractor must warrant that it will maintain coverage sufficient to cover any liability that may arise from performance under a contract resulting from this RFP.

4. Contractor, including all its employees, must comply with all Information Technology access and user policies and requirements of the Board and/or Texas Workforce Commission.

5. Appeal Process and Procedures for Opportunity to Protest

The Director of Procurement and Contracts has the authority to settle or resolve any claim of an alleged deficiency or protest. The procedures for notifying WSA of an alleged deficiency or filing a protest are listed on our website at www.workforcesolutionsalamo.org. If you fail to comply with any of these requirements, the Director of Procurement and Contracts may dismiss your complaint or protest.

http://www.workforcesolutionsalamo.org/

PART 2 – SCOPE OF WORK

2.1 Services

1. The Workforce Solutions Alamo (WSA) is seeking proposals from qualified Professional Employer

Organizations (PEO) who can demonstrate written evidence of past performance and business endeavors that align with the purpose, values, and vision of WSA, to provide exemplary cost-effective Human Resource service solutions and manage employee risks, consistent with the requirements and specifications of the

RFP. Additionally, the scope of service includes to provide benefits, payroll processing, and serve as the employer of record for WSA which includes supplying statutory benefits such as employee tax withholdings, workers compensations, and employer unemployment tax withholdings.

The Awarded Contractor will perform in accordance with the Statement of Work, provisions of this contract agreement and its attachments found herein, and all Applicable Law and WSA Policies and Procedures, attached). Allowable outreach and promotional materials for WSA funded programs have been defined by

TWC Notice WD 17-10 in accordance with FMGC.

2. Minimum Qualifications

The respondents to this RFP must have the following minimum qualifications. Workforce Alamo Solutions reserves the right to reject proposals which fail to include this information with the Offerors proposal submission.

a. Offeror must affirm in writing and provide evidence with their proposal submission: To being licensed by and in accordance with the State of Texas Department of Licensing and Regulation.

b. Offeror must affirm in writing and provide evidence with their proposal submission: To having provided similar service in scope and size within the past three years for a Non-Profit, Municipal, or Government Agency.

3. Statement of Work:

The following are the services to be provided by a qualified Professional Employer Organization (PEO) for approximately 50 employees receiving payroll every two (2) weeks made through electronic deposits or through issuing checks: WSA reserves the right to increase or decrease the number of employees serviced as needed, and costs incurred as a result.

A. Human Resource Management to include:

1. Personnel Consultation and Assistance (Recruiting, Hiring, On Boarding, Separation of Employment, Discipline)

2. Unemployment Claims Handling

3. Compliance with Employment Laws and Regulations (Americans with Disability Act, FMLA, etc.)

4. Employee Background Checks

5. Employee Drug Screening

B. Workers’ Compensation/Safety to include:

1. Workers’ Compensation Claims Handling

2. Compliance with Workers’ Compensation Laws https://www.twc.texas.gov/files/policy_letters/wd-17-10-twc.pdf

3. Investigation of Employee Claims

4. Managed Care Program

C. Employee Benefits to include:

1. Workers’ Compensation Insurance

2. Procuring and administering employee benefit plans

3. Enrolling employees in all benefit plans

4. Responding to employee benefit inquiries, claims and complaints

5. Health Insurance

6. Dental Insurance

7. Vision Care

8. Group Life and Accident Death & Dismemberment

9. Disability Insurance (Short Term, Long Term)

10. Prescription Card

11. Track Eligibility Dates for Benefits Conduct online Enrollments

12. Assume COBRA, HIPAA, ERISA Portability Compliance

13. HSA Plan

14. Employee Assistance Program

15. Availability of Ancillary Benefits (including but not limited to Life Insurance, Disability Insurance, Critical

Illness Insurance, Accident Insurance, Hospital Indemnity Insurance, and College Tuition Benefit)

16. Flexible Spending Account Plan

D. Payroll to include:

1. Report Hours

2. Computation and Preparation of Payroll

3. Cloud-based timecard system with payroll register

4. Job cost information downloadable to CSV (Comma Delimited) and payroll detail uploadable to Abila/MIP payroll system

5. Direct Deposit

6. Deductions for Child Support, Levies, Garnishments and any other deductions required by law

7. PTO request processing

8. Payroll register review before processing available

9. Employee expense reimbursements (Example: Mileage)

10. Withhold Income Taxes and FICA

11. Complete Quarterly Tax Filings

12. Complete W-4s, I-9s, and W-2s,

13. Payroll assistance

14. Employer Verification

15. Employee Earnings Records

16. Standard Reports list

17. Customized Reporting of Payroll Costs

E. Online Services to include:

1. Time and Attendance

2. On-off boarding

3. HRIS custom fields

4. Employee Portal, Handbook, Forms, etc.

5. Access – Reporting, Data Change Requests, New Hire Enrollment and Payroll Entry

6. Online Yearly Benefits Enrollment

7. Online access for Employees to change/update their personal information easily and 24/7

8. Helpdesk availability

F. Optional Services

1. 401K Services

WSA reserves the right to add this service from awarded Offeror through contract amendment.

2.1 Fees/Charges

Submit proposed prices , in Attachment B, for the services offered and provide an explanation of the Proposer’s price breakdown for services to be performed. Offered prices will be fixed for each term of the contract. Itemize all applicable fees, detailing all elements including your company’s fee for service for the following:

Provide pricing per check processing based on the estimated annual number of 50 employees for 26 payroll cycles.

The fee should include the following: WSA reserves the right to increase or decrease all quantities listed as necessary through-out the contract term and its renewals terms.

➢ Up to ten (10) drug tests per year

➢ Up to ten (10) background checks per year

➢ up to 10 job postings per month to free job boards

Offeror may propose an annual escalation in prices but must keep in mind that the competitiveness of prices will be part of the evaluation criteria. Please use Attachment B as part of your reply.

Offeror must provide a sample of invoices, itemizing applicable costs and fees to include the following:

Employer Taxes:

a. Social Security

b. Medicare

c. Federal Unemployment

d. State Unemployment

Optional services to include:

➢ Background checks

➢ Drug Screenings

➢ Offeror may provide a complete listing of services available which WSA may choose to purchase from as needed

PART 3 – PROPOSAL REVIEW AND EVALUATION PROCESS

3.1 Proposal Review and Evaluation

The evaluation process will consist of:

1. An initial review of responsiveness and compliance with the technical specifications and other criteria specified in the RFP by WSA staff.

2. WSA will evaluate and score all responsive proposals based on the evaluation criteria. The selection and award may be made on the basis of the Proposals initially submitted, without discussion, clarification, or modification.

Respondent(s) who submit a Proposal may be required to make an oral presentation(s) of their Proposal to WSA.

3. Scoring and recommendations presented to executive staff.

4. Possible Discussion and appropriate action by the WSA Board of Directors in selecting proposed contractor for contract negotiations, as applicable.

5. WSA reserves the right to negotiate price and terms with all bidders, to accept or reject all or any part of an offer, waive minor technicalities, to request Best and Final Offers from all or any bidders, and make an award that represents best value to WSA. The final price and terms may be determined during Best and Final Offer negotiations. Performance and expenditure information on other contracts or grants may be considered by WSA in awarding funds under this RFP.

3.2 Proposal Evaluation Criteria

Proposals will be evaluated to determine if the respondent has the organizational capability, demonstrated experience, and reasonableness in cost to perform the scope of work in this RFP. A proposal must achieve an overall score of at least 70 points (excluding HUB/SWMBE bonus points) to be considered for selection and contract award.

WSA will base the review and evaluation of proposals upon the following criteria:

Evaluation Criteria:

Item # Item Description Point Value 1 Quality of Vendors Goods and Services to include:

➢ Background and Experience

➢ Proposal Responsiveness

➢ References

2 Extent to which vendors, goods or services meets the agency’s needs to include:

➢ Human Resource Management

➢ Workers Compensation

➢ Benefits Management

➢ Payroll

➢ Online Services

3 Price

➢ Check processing fee

4 HUB/SMWVBE 5

Maximum Point Total 100

Provide a detailed description to each of the evaluation items listed below:

ITEM 1 - QUALITY & EXPERIENCE

WSA is interested in the Offerors` background & experience in meeting the RFP specifications.

➢ Offeror’s Background and Experience (About the Company)

➢ Proposal Responsiveness

➢ References (clients)

ITEM 2 - EXTENT TO WHICH THE VENDORS GOOD AND SERVICES MEET THE NEEDS OF THE ORGANIZATION WSA is interested in the Proposer’s engagement plan that demonstrates aptitude for management and completion of this engagement. Describe the specific PEO services your firm proposes to provide to meet the requirements of the RFP. (Note: The specific services should address and demonstrate your understanding of the type of services requested)

➢ Provide detail of experience in performing services as specifically represented in this solicitation.

➢ Provide detail of previous experience with engagements of similar scope and range as the engagement specified in this RFP

➢ Provide range of services offered by the firm.

➢ Provide length of time that the Proposer has provided the services it provides.

➢ Provide comprehensive description of the Proposer’s engagement plan that demonstrates aptitude for management and completion of this engagement.

ITEM 3 -PRICE

WSA is interested in an explanation of the Proposer’s fee structure with price breakdown for all markups for the services to be performed. The fee structure should include any additional charges for services to be performed such as check fee, drug tests, background checks, etc.

➢ Complete Attachment B

ITEM 5 - HUB/SWMBE

“Historically Underutilized Business” (HUB) is an entity at least fifty-one percent (51%) owned and operated by minority group members as defined by State law, including female-owned businesses. A “small, woman-owned, minority business enterprise” (SWMBE) is a for-profit independent operating business that is at least 51% owned, operated and controlled by minority person(s) and/or a woman or women. The ownership by minorities and women must be real and substantial.

➢ A copy of current certification certificate is required, as recognized by the State of Texas HUB Program and/or The South Central Texas Regional Certifying Authority.

https://texashub.gob2g.com/ https://texashub.gob2g.com/ https://sctrca.org/

PART 4 – PROPOSAL PREPARATION AND SUBMISSION

4.1 General Instructions for Submitting a Proposal

FORMAT – Proposals must be typed, single spaced, using a minimum of 12 fonts for readability. Pages must be numbered. Promotional materials are discouraged. Emphasis must be placed on addressing all the requirements and specifications of this RFP in a clear and concise manner. Any proposal lacking the required items/materials will be deemed non-responsive and may not be considered for review under this procurement.

PROPOSAL LABELING AND SUBMISSION – Proposals must be properly labeled with your firm’s information and submitted in accordance with the instructions and regarding response deadline specified in Part 1 of this RFP.

Proposals that are submitted/received after the specified date and time will not be accepted.

Note: Proposals are subject to the Texas Public Information Act, Government Code, Chapter 552, and may be disclosed upon request. Proprietary information will be kept confidential by Workforce Solutions to the extent permitted by State law. Offerors are reminded to identify and clearly mark all information in their proposal considered to be confidential, privileged, or proprietary (each applicable page must be clearly marked/labeled).

4.2 Sequence of Submission

The proposal must be submitted with all required documents and in the following order:

➢ Proposal Cover Sheet

➢ Table of Contents

➢ Executive Summary

➢ Proposal Narrative

➢ Budget

➢ Proposed Schedule

➢ Business References

4.3 Proposal Cover Sheet

Identify a liaison or primary contact person for the proposal, as well as the Signatory Authority (i.e., person who has the legal authority to negotiate and execute a contract on behalf of the proposing entity). This is also the person who must sign the required Certification forms included as Attachments to this RFP. Proposers who are certified as a

Historically Underutilized Businesses (HUBs) must provide the certification number on the Proposal Cover Sheet and attach a copy of the current notice of certification.

4.4 Table of Contents

Proposals must include a Table of Contents that lists each item of the proposal, including attachments, with corresponding page numbers. Items must be in the order as specified in 4.2 above.

4.5 Executive Summary

Provide a brief (not to exceed 1 page) executive summary highlighting your organization’s history; qualifications and competence; demonstrated performance; overall approach to providing human resources consulting services solicited in this RFP; expected outcomes (goals and objectives); and any unique or innovative aspects of your service delivery.

4.6 Proposal Narrative

The proposal should provide a complete description of services described/requested in this RFP in narrative form according to these instructions. Narrative responses for each item should be clear, concise, and relevant. Be sure to include all required attachments. If selected and approved for the award of a contract, this section will be used as the basis for the Statement of Work in an executed contract.

ATTACHMENT A

RESPONSE FORM

SUBMIT TO:

Workforce Solutions Alamo Purchasing 100 N Santa Rosa San Antonio, TX 78207

REQUEST FOR PROPOSAL (RFP)

Title: RFP for Professional Employer Organization (PEO) Services

Number: 2024-002 Closing Date & Time: February 5, 2024 by 2 PM CST

NAME OF PARTNERSHIP, CORPORATION OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER

MAILING ADDRESS NO RESPONSE: If not submitting a response, state reason below and return one copy of this form

CITY, STATE ZIP

PHONE EMAIL

FAX WEB ADDRESS

TOTAL RESPONSE AMOUNT DELIVERY: Calendar days after receipt of Purchase Order:

days (ARO)

RESPONSES ARE FIRM FOR ACCEPTANCE FOR 120 DAYS

YES NO OTHER

PAYMENT TERMS

% / Net

I certify that this response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I agree to all conditions of this response and certify that I am authorized to sign this response for the responder.

In submitting a response to WSA, the responder offers and agrees that if the response is accepted, the responder will convey, sell, assign or transfer to WSA all rights, titles and interest in and to all causes to action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of TX for price fixing relating to the particular commodities or services purchased or acquired by WSA. At WSA’s discretion, such assignment shall be made and become effective at the time WSA tenders final payment to the responder.

AUTHORIZED SIGNAGURE DATE PRINTED NAME/TITLE

Please initial by all that apply. I acknowledge receipt of the following addendum.

Addendum #1 Addendum #2 Addendum #3 Addendum # 4 _

Please Note:

• This page must be completed and returned with your response

• Responses must be submitted in a sealed envelope, marked with response number.

ATTACHMENT B

Professional Employer Organization (PEO) Services

Proposer: __________________________________________________

Price(s) must include the cost of profit, labor, materials, tools, equipment, permits freight, packaging, insurance, overhead, training, support, maintenance, etc. No additional charges will be accepted.

If the price is “$0.00” or the item is “not offered,” or “included” within another item, it must be stated as such in the corresponding space below. A “blank” or anything other than the format requested in the space below, may be considered a “no bid.” This information will be used in evaluating the Offeror’s proposal.

Item PEO Services Estimated Annual Quantity

Unit price

Item 1 Administration Fee payable Per check for approximately 50 employees (26 Checks)

50 employees, 26 checks

$ /per check

Item 2 New Account Conversion (one-time) charge

One time $

Optional Items:

Item 1 Price per Drug test Any after the included 10

$ /per drug test

Item 2 Price per Background check Any after the

$ /per background check

Item 3 AD posting fee Any after the

$ /per ad posting

WSA reserves the right to adjust quantities and add or remove services as needed; Offeror should provide with their proposal a complete list of all available services with pricing.

ATTACHMENT C

CERTIFICATON REGARDING LOBBYING, DEBARMENT, SUSPENSION

AND OTHER RESPONSIBILITY MATTERS, AND DRUG-•‐FREE WORKPLACE REQUIREMENTS

Lobbying: This certification is required by the Federal Regulations, implementing Section 1352 of the

Program Fraud and Civil Remedies Acts, Title 31 U.S. Code, for the Department of Agriculture (7 CFR part

3018), Department of Labor (20 CFR Part 93), Department of Education (34 CFR Part 82), Department of

Health and Human Services (45 CFR Part 93).

The undersigned contractor states that:

No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or any employee of a

Member of Congress in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement.

If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to

Report Lobbying”, in accordance with its instructions.

The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

Debarment, Suspension and Other Responsibility Matters: This certification is required by the Federal

Regulations implementing Executive Order 12549, Government-wide Debarment and Suspension, for the

Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education

(34 CFR Parts 85, 668 and 682), and Department of Health and Human Services (45 CFR Part 76).

The undersigned contractor certifies that it or its principals:

Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

Have not within a three-•year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 2 of this certification; and

Have not within a three-year period preceding this contract had one or more public transactions (federal, state, or local) terminated for cause or default.

Where the prospective recipient of Federal assistance funds is unable to certify any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Drug-‐‐Free Workplace: This certification is required by the Federal Regulations, implementing Sections 5151-

5160 of the Drug-Free Workplace Act, 41 U.S.C. 701; for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR parts 85, 668 and 682) and

Department of Health and Human Services (45 CFR Part 76).

The undersigned contractor certifies that it shall provide a drug-•free workplace by:

Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition.

Establishing an on-going drug-free awareness program to inform employees of the dangers of drugs in the workplace, the Contractor’s policy of maintaining a drug-free workplace, the availability of drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed on employees for drug abuse violations occurring in the workplace.

Providing each employee with a copy of the Contractor’s policy statement.

Notifying the employees in the Contractor’s policy statement that, as a condition of employment under the grant, employees will abide by the terms of the policy statement and notifying the Contractor in writing within five (5) days after any conviction for a violation by the employee of a criminal drug statute in the workplace.

Notifying the grantor agency, Workforce Solutions Alamo in writing, within ten (10) calendar days of the

Contractor’s receipt of a notice of conviction of an employee.

Taking appropriate personnel action against an employee convicted of violating a criminal drug statute or requires such employee to participate in a drug abuse assistance or rehabilitation program.

These certifications are a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction.

Name of Applicant/Organization Name and Title of Authorized Representative

Signature of Authorized Representative Date

ATTACHMENT D

Certification Regarding Implementation of the Non-‐‐Discrimination & Equal Opportunity

Provisions and the Workforce Innovation and Opportunity Act (WIOA)

As a condition to the award of financial assistance from the Department of Labor (DOL) under Title I of the

Workforce Innovation and Opportunity Act (WIOA), the Offeror assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws:

Section 188 prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United

States or participation in any WIOA Title I—financially assisted program or activity;

Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the bases of race, color and national origin;

Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities;

The Age Discrimination A ct of 1975, as amended, which prohibits discrimination on the basis of age; and

Title IX of the Education A m e n d m e n t s of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs.

The Offeror also assures that it will comply with 29 CFR part 38 and all other regulations implementing the laws listed above. This assurance applies to the Offeror’s operation of the WIOA Title I -•financially assisted pr ogr am or activity, and to all agreements the grant applicant makes to carry out the WIOA Title I-•financially assisted program or activity. The Offeror understands that the United States has the right to seek judicial enforcement of this assurance.

Applicant’s s i g n a t u r e below indicates organization is agreeing to comply fully with the assurance and certifications as part of its responsibilities as a successful contractor.

Signature of Authorized Representative Date

Name and Title of Authorized Representative

ATTACHMENT E

TEXAS CORPORATE FRANCHISE TAX CERTIFICATION

Pursuant to Article 2.45, Texas Business Corporation Act, state agencies may not contract with for-•profit corporations that are delinquent in making state franchise tax payments. The following certification that the corporation making this contract is current in its franchise taxes must be signed by the individual authorized on Form 2031, Corporate Board of Directors Resolution, to sign the contract for the corporation.

The undersigned certifies that the following statement is true and correct and that the undersigned understands making a false statement will prevent Workforce Solutions Alamo from contracting with the proposing organization.

Indicate the certification that applies to your corporation by checking the appropriate box:

The corporation is for a profit corporation and certifies that it is not delinquent in its franchise tax payments to the State of Texas.

The corporation is a not-for-profit corporation or is otherwise not subject to payment of franchise taxes to the State of Texas for the following reason(s):

Not applicable. The applicant is not a corporation.

Signature of Authorized Representative Name of Applicant’s Organization

Name and Title of Authorized Representative Date

ATTACHMENT F

STATE ASSESSMENT CERTIFICATION

Applicants must certify that they are current in all Unemployment Insur a nce taxes, Payday and Child Labor Law monetary obligations, and Proprietary School fees and assessments payable to the State of Texas.

Applicants must also certify that they have not outstanding Unemployment Insurance overpayment balances due to the State of Texas.

The undersigned authorized representative of the Applicant certifies that the following statements are true and correct and that the undersigned understands that making a false statement will prevent Workforce

Solutions Alamo from contracting with the organization.

The corporation certifies, by checking the boxes below, that:

It is current in Unemployment Insurance taxes, Payday and Child Labor Law monetary obligations, and Proprietary School fees and assessments payable to the State of Texas.

It has no outstanding Unemployment Insurance overpayment balance payable to the State of Texas.

Signature of Authorized Representative Name of Applicant’s Organization

Name and Title of Authorized Representative

Date

ATTACHMENT G

UNDOCUMENTED WORKER CERTIFICATION

Effective September 1, 2007, HB 1196 amended Subtitle F, Title 10, of the Texas Government Code to add.

Subsection 2264. Chapter 2264 directs public agencies, state or local taxing jurisdictions, and economic development corporations (public entities) to require that any business submitting an application to receive public subsidies include in the application a statement certifying that the business, or branch, division or department of the business does not and will not knowingly employ an undocumented worker.

In the event that a business grantee is found in violation of 8U.S.C. subsection 1324a(f), consistent with the requirements of Texas Government Code subsection 2264, Boards are permitted to bring a civil action to recover any amounts owed, as well as court costs and reasonable attorney’s fees.

Penalties incurred by business grantees shall be assessed damages at a rate of 20% of contract award. Said damages shall be made payable to Workforce Solutions Alamo within 120 days of receiving the notice of violation.

DEFINITION OF TERMS

Public Subsidy – is broadly…