Impartial_Hearing_Officers_-_Independent_Consultants.pdf

REQUEST FOR PROPOSAL

2026-RFP-058-PR

IMPARTIAL HEARING OFFICERS - INDEPENDENT CONSULTANTS

County of Dane

City-County Building, Room 425, 53703

Madison, WI 53703

RELEASE DATE: July 22, 2026

DEADLINE FOR QUESTIONS: August 19, 2026

RESPONSE DEADLINE: September 2, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/countyofdane

County of Dane

REQUEST FOR PROPOSAL

Impartial Hearing Officers - Independent Consultants

I. Introduction II. RFP Guidelines and Overview

III. Contract Term IV. Project Overview & Scope of Work V. RFP Response Requirements & Evaluation Criteria

VI. Pricing Proposal VII. Vendor Questionnaire

VIII. Standard Terms and Conditions

Request For Proposal #2026-RFP-058-PR Title: Impartial Hearing Officers - Independent Consultants

1. Introduction

1.1. Summary

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal according to the specifications set forth within this document.

The County intends to use the results of this process to establish a pool of potential Impartial Hearing

Officers/Independent Consultants.

The Dane County Purchasing Division is the sole point of contact for questions and issues that may arise during the RFP process.

1.2. Contact Information

Pete Patten

Purchasing Manager

Email: patten.peter@countyofdane.com

Phone: (608) 267-3523

Department:

Administration

1.3. Timeline

Release Project Date July 22, 2026

Question Submission Deadline August 19, 2026, 4:00pm

Question Response Deadline August 26, 2026, 4:00pm

Proposal Submission Deadline September 2, 2026, 2:00pm mailto:patten.peter@countyofdane.com tel:(608)267-3523

2. RFP Guidelines and Overview

2.1. GENERAL SOLICITATION PROCESS

1. REASONABLE ACCOMMODATIONS

1. The County will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you need accommodations at a vendor conference or site visit, contact the Purchasing Officer listed or call WI Relay 711 for TDD Services.

2. VENDOR REGISTRATION

1. Interested vendors are required to register at the County's eProcurement Portal. Registration is free and will ensure that you receive notifications of solicitations that match your profile and category codes as well as providing the County with up-to-date company contact information.

2. Once registered, please double check to make sure your vendor information including commodity codes is up-to-date by signing into your account at the County's eProcurement

Portal.

3. CALENDAR OF EVENTS

1. Specific and estimated dates and times of actions related to this solicitation are listed in the timeline in the Introduction Section. The actions with specific dates must be completed as indicated unless otherwise changed by the County. In the event that the County finds it necessary to change any of the specific dates and times in the calendar of events listed below, it will do so by issuing an addendum to this RFP and posting such addendum on the Dane

County eProcurement Portal.

4. CLARIFICATION OF THE SPECIFICATIONS / QUESTIONS

1. All inquiries concerning this solicitation must be submitted via the County's eProcurement

Portal.

2. Questions must be submitted before 4:00 pm on Wednesday, August 19, 2026.

1. Requests submitted after that time frame will not be considered.

3. Proposers are expected to raise any questions, exceptions, or additions they have concerning the solicitation at this point in the process. If a proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this solicitation, the proposer should immediately notify the contact person of such error and request modification or clarification to the solicitation document.

4. Proposers are prohibited from communicating directly with any employee of Dane County, except as described herein. No County employee or representative other than those individuals https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane listed as County contacts on this solicitation is authorized to provide any information or respond to any question or inquiry concerning this solicitation.

5. ADDENDA & REVISIONS

1. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this bid, addenda and/or supplements will be posted via the

County's eProcurement Portal. Bidders are responsible to regularly monitor the web site for any such postings. It is recommended to check the eProcurement Portal for addenda prior to submitting a proposal. Bidders must acknowledge the receipt/review of any addenda via the eProcurement Portal.

2. The Purchasing Division has the sole authority for modifications to specifications and/or the solicitation document.

6. INSPECTION OF PREMISES/VENDOR SITE VISIT - when applicable

1. When applicable, bidder’s may inspect site(s) prior to submitting bids to determine all requirements associated with the project by contacting Pete Patten. Failure to do so will in no way relieve the successful bidder from the necessity of providing, without additional cost to the

County, all necessary services that may be required to carry out the intent of the resulting contract.

2.2. BID / PROPOSAL SUBMISSION

Dane County strongly encourages all vendors to submit proposals well in advance of the solicitation deadline. By doing so, if there are any technical difficulties, there is time to attempt to resolve the situation before the deadline. Late bids will not be accepted.

If there are technical difficulties while trying to submit, first, contact OpenGov Support by clicking into the small blue circle on the bottom, right side of your screen while logged into the OpenGov system.

1. SUBMITTAL INSTRUCTIONS

1. Dane County reserves the right to accept any part of this bid deemed to be in the best interest of the County. The County also retains the right to accept or reject any or all bids.

2. Proposals must be submitted via the County's eProcurement Portal before 2:00 pm on

Wednesday, September 2, 2026. Late, faxed, mailed, hand-delivered, or incomplete proposals will be rejected unless otherwise specified. Dane County is not liable for any cost incurred by proposers in replying to this solicitation.

3. To Submit a Proposal:

1. Register at the County's eProcurement Portal at https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane

2. Click on the green "+Subscribe" button on the left side of the screen and proceed to create an account or sign in if an account already exists.

3. Once registered, click on the "draft" button to draft your proposal.

4. Provide company information

5. Complete the entire Vendor Questionnaire

6. Where indicated, upload the required documents.

7. The file upload status can be seen for each document uploaded.

8. Confirm all files have been uploaded

9. Review your work and click on "submit" proposal

10. Acknowledge any addenda

2. MULTIPLE PROPOSALS & ACCEPTANCE

1. Multiple proposals from a vendor will be permissible; however, the proposer must create separate accounts with separate log-in sequences, emails, and passwords on the

County’s eProcurement Portal. Each such proposal must be submitted separately and labeled as

Proposal #1, Proposal #2, etc.

2. Please message procurementsupport@opengov.com with any questions regarding set up.

3. GENERAL INSTRUCTIONS ON SUBMITTING COST PROPOSALS

1. The Cost Proposal section of this solicitation will either be incorporated into the system as a

Pricing Table or as a separate Cost Proposal Attachment that must be downloaded, completed, saved, and uploaded to the Vendor Questionnaire section.

2. Price(s) quoted shall include all labor, materials, equipment, shipping and other costs and conditions outlined within the bid. Pricing shall remain fixed.

4. RIGHT TO REJECT PROPOSALS & NEGOTIATE CONTRACT TERMS

1. The County reserves the right to accept any part of a submission deemed to be in the best interest of the County and to reject any and all proposals and to negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the County may negotiate a contract with the next highest scoring proposer.

2.3. VENDOR QUESTIONNAIRE DEFINITIONS

1. LOCAL VENDOR PURCHASING PREFERENCE - applicable to RFBs - DOES NOT APPLY TO PUBLIC WORKS

BIDS

mailto:procurementsupport@opengov.com

1. Under Dane County Ordinance 25.08(11)(c-e), a Locally Based and Owned Vendor, Locally

Operated Vendor, or Non-Locally Operated Vendor may be invited to match the low bid if the low bid is offered by a vendor that is not identified as a Locally Based and Owned Vendor, Locally Operated Vendor, or Non-Locally Operated Vendor according to Dane County Ordinance requirements. Local Vendor Preferences do not apply to bids for sand, gravel, salt, asphalt and concrete.

Locally Based and Owned Vendors:

1. When bids are reviewed, the County will determine if a Locally Based and Owned Vendor responding to the bid is the low bidder. If a Locally Based and Owned Vendor is the low bidder, they will be awarded the bid.

2. If a Locally Based and Owned Vendor is not the low bidder but is within 15% of the low bid, the

County will contact the Locally Based and Owned Vendor and provide that vendor the option of matching the low bid price.

3. If no Locally Based and Owned Vendors are among the responding bidders, or the Locally Based and Owned Vendor declines to match the low bid, then the County will determine if a Locally

Operated Vendor has responded to the bid.

Locally Operated Vendors:

4. If a Locally Operated Vendor is within 10% of the low bid, the County will contact the Locally

Operated Vendor and provide that vendor the option of matching the low bid price.

5. If no Locally Operated Vendors are among the responding bidders, or the Locally Operated

Vendor declines to match the low bid, then the County will determine if a Non-Locally Operated

Vendor has responded to the bid.

Non-Locally Operated Vendors:

6. If a Non-Locally Operated Vendor is within 5% of the low bid, the County will contact the Non-

Locally Operated Vendor and provide that vendor the option of matching the low bid price.

7. If no Non-Locally Operated Vendors are among the responding bidders, or the Non-Locally

Operated Vendor declines to match the low bid, then the County will award the bid to the low bidder without regard to the location of the vendor.

2. LOCAL VENDOR PURCHASING PREFERENCE - applicable to RFPs - DOES NOT APPLY TO PUBLIC WORKS

BIDS

1. Under County ordinances, a Local Vendor is defined as a supplier or provider of equipment, materials, supplies or services that has an established place of business within the County of

Dane. An established place of business means a physical office, plant or other facility. A post office box address does not qualify a vendor as a Local Vendor.

1. County ordinance provides that a local vendor (within Dane County) automatically receive five points toward the evaluation score.

2. County ordinance provides that vendors located within the counties adjacent to Dane County

(Columbia, Dodge, Green, Iowa, Jefferson, Rock, Sauk) automatically receive two points toward the evaluation score.

3. LOCAL CONTENT VENDOR PREFERENCE - generally only applicable to RFBs - DOES NOT APPLY TO

PUBLIC WORKS BIDS

1. Under Dane County Ordinance 25.08(4)(f-j), bidders offering goods made in Dane County, its surrounding counties, or the State of Wisconsin receive a price preference on sealed bid solicitations. Bids are first evaluated to determine if any bidders are offering products that qualify as Dane County-Made Goods, Regionally-Made Goods, or Wisconsin-Made Goods. Local

Vendor Preferences do not apply to bids for sand, gravel, salt, asphalt and concrete.

2. A bidder offering Dane County-Made Goods will be considered the successful bidder if their price is up to 15% higher than the low bid for goods that are not Dane County-Made Goods. If no vendors meet this criteria, then the County will determine if any bidder is offering Regionally-

Made Goods. If so, then such a bidder will be considered successful if their price is up to 12.5% higher than the low bid for goods that are not Regionally-Made Goods. If no vendors meet this criteria, then the County will determine if any bidder is offering Wisconsin-Made Goods. If so, that bidder will be considered successful if their price is up to 10% higher than the low bid for goods that are not Wisconsin-Made Goods. If no vendors are offering Dane County-Made, Regionally-Made, or Wisconsin-Made Goods, then the County will evaluate the low bid without regard to the content of the goods.

4. FAIR LABOR PRACTICES CERTIFICATION

1. Dane County Ord. 25.09 (1) is as follows:

1. (28) BIDDER RESPONSIBILITY. (a) Any bid, application or proposal for any contract with the county, including public works contracts regulated under chapter 40, shall include a certification indicating whether the bidder has been found by the National Labor Relations

Board (NLRB) or the Wisconsin Employment Relations Committee (WERC) to have violated any statute or regulation regarding labor standards or relations within the last seven years.

The purchasing manager shall investigate any such finding and make a recommendation to the committee, which shall determine whether the conduct resulting in the finding affects the bidder’s responsibility to perform the contract.

2. If a company indicates that they have been found by the NLRB or WERC to have such a violation in the Vendor Questionnaire section, a copy of any relevant information regarding such violation with is required to be uploaded with the bid submission.

3. Additional information about the NLRB and WERC can be found using the following links:

www.nlrb.gov and http://werc.wi.gov.

5. COOPERATIVE PURCHASING

1. Participating in cooperative purchasing gives vendors the opportunity for additional sales without additional bidding. Municipalities and state agencies use cooperative purchasing to expedite purchases. A “municipality” is defined as any county, city, village, town, school district, https://www.nlrb.gov/ http://werc.wi.gov/ board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having authority to award public contracts (s.

16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (20, Wis.

Stats.

2. In the Vendor Questionnaire section, you will have the opportunity to participate in allowing municipalities and state agencies to piggyback this bid. Participation is not mandatory. A vendor’s decision on participating in this service has no effect on awarding the bid.

3. Dane County is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases.

6. DESIGNATION OF CONFIDENTIAL & PROPRIETY INFORMATION - generally only applicable to RFPs

1. RFP responses are public records under Wisconsin Law. Dane County may be required to release your RFP response if someone makes a public records request. There are few exceptions to disclosure under Wisconsin’s Open Records Law.

2. All proposed restrictions on the use of data contained within a proposal and all confidential information must be clearly stated on the Vendor Information Attachment under the

“Designation of Confidential and Proprietary Information” section.

3. Proprietary information submitted in a proposal, or in response to the RFP, will be handled in accordance with the applicable Wisconsin State Statute(s) to determine whether such information must be disclosed. Dane County shall not provide advance notice prior to release of any requested record.

4. Submitted pricing will always become public information when proposals are opened and therefore cannot be designated as confidential. Designating the RFP response or proposal in its entirety as confidential is never warranted and will result in its release.

5. One exception under the Wisconsin Open Records Law is if information constitutes a “trade secret.” Trade secret is defined in Sect. 134.90 (1)(c)) of the WisconsinStatutes, as follows:

"Trade secret" means information, including a formula, pattern, compilation, program, device, method technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

County cannot guarantee that such information will be treated as a trade secret or confidential.

6. To the extent permitted by law, it is the intention of Dane County to withhold the contents of the proposal from public view until such times as competitive or bargaining reasons no longer require non-disclosure, in the opinion of Dane County. At that time, all proposals will be available for review in accordance with the Wisconsin Open Records Law.

7. In the event the Designation of Confidentiality of this information is challenged, undersigned agrees to provide legal counsel or other necessary assistance to defend the Designation of

Confidentiality and to hold Dane County harmless for any costs or damages arising out of Dane

County withholding the materials. .

8. Failure to designate confidential and proprietary information within the Designation of

Confidential and Proprietary Information section of the Vendor Information Attachment may mean that all information provided as part of the proposal response will be open to examination or copying. The County considers other markings of confidential in the proposal document to be insufficient. The undersigned agrees to hold the County harmless for any damages arising out of the release of any material unless they are specifically identified within the Designation of

Confidential and Proprietary Information section of the Vendor Information Attachment.

2.4. EVALUATION

1. PRELIMINARY EVALUATION

1. The proposals will first be reviewed to determine if all applicable requirements are met. Failure to meet mandatory requirements may result in the proposal being rejected. In the event that all vendors do not meet one or more of the mandatory requirements, the County reserves the right to continue the evaluation of the proposals and to select the proposal which most closely meets the requirements specified in the solicitation.

2. PROPOSAL SCORING - applicable to RFPs

1. Accepted proposals will be reviewed by an evaluation team and scored against the stated criteria in the evaluation section of the RFP posting. This scoring will determine the ranking of vendors based upon their written proposals. If the team determines that it is in the best interest of the County to require a Phase 2 Evaluation which may include oral presentations, the highest-ranking vendors will be invited to make such presentations. Those vendors that participate in the interview process will then be scored, and the final ranking will be made based upon those scores.RFP Cost Proposal's will be scored using a standard quantitative calculation where the most cost criteria points will be awarded to the proposal with the lowest cost.

3. ORAL PRESENTATIONS/INTERVIEW - applicable to RFPs

1. Top ranked selected proposers may be required to make oral interview presentations and/or site visits to supplement their proposals, if requested by the County. The County will make every reasonable attempt to schedule each presentation at a time and location that is agreeable to the proposer. Failure of a proposer to conduct a presentation to the County on the date scheduled may result in rejection of the vendor’s proposal.

2.5. AWARD

1. RFB AWARD

1. The County will award the bid to the most responsive and responsible bidder whose bid is most advantageous to the County. In determining the most advantageous bid, the County may consider criteria such as, but not limited to, cost, bidder’s past performance and/or service reputation, and service capability, quality of the bidder’s staff or services, customer satisfaction, references, the extent to which the bidder’s staff or services meet the County’s needs, bidder’s past relationship with the County, total long term cost to the County, fleet continuity and any other relevant criteria listed in this solicitation.

2. A resulting award and any part thereof shall not be subcontracted or assigned to another

Contractor without prior written permission of the County. The Contractor shall be directly responsible for any Subcontractor’s performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

2. RFP AWARD

1. The County intends to use the results of this process to establish a pool of potential Impartial

Hearing Officers/Independent Consultants.

2. A resulting award and any part thereof shall not be subcontracted or assigned to another

Contractor without prior written permission of the County. The Contractor shall be directly responsible for any Subcontractor’s performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

3. PAYMENT TERMS AND INVOICING

1. Unless otherwise agreed upon in writing, Dane County will pay properly submitted vendor invoices within thirty (30) days of receipt of goods or services. Payment will not be made until goods or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment shall be submitted to via email to the Department Invoice Email

Address shown on the Bill To section of the PO issued. The Dane County purchase order number must be noted on the submitted invoice.

2. Other incidental or standard industry charges not identified herein, are not allowed under this contract. Miscellaneous service charges used to help the Contractor pay various fluctuating current and future costs are not allowed. These charges include, but are not limited to, costs directly or indirectly related to the environment, energy issues, fuel charges, service and delivery of goods and services.

4. NOTIFICATION OF INTENT TO AWARD

1. Upon finalizing the award, a notification email may be sent via the OpenGov system showing the awarded vendor(s).

2. As a courtesy, the County may send a Notice of Intent letter to responding vendors at the time of the award. - applicable to RFPs

3. Written notice of award to a vendor in the form of a purchase order or other document, mailed or emailed to the address shown on the bid will be considered sufficient notice of acceptance of bid.

5. CERTIFICATE OF INSURANCE

1. The successful vendor is required to submit to Dane County a Certificate of Insurance prior to performing any work under this contract. The certificate is required prior to issuance of purchase order. See the Insurance Responsibility section within the Standard Terms &

Conditions.

2. Please contact your insurance representative to issue an Additional Insured Endorsement naming County of Dane, a municipal corporation, its boards, commissions, agencies, officers, employees and representatives listed as an ADDITIONAL INSURED on the General Liability policy.

3. Indicate mailing address as:

o County of Dane

Risk Management

City County Building Room 425

210 Martin Luther King Jr., Blvd.

Madison, WI 53703

4. Please inform your insurance representative that you have agreed to provide us with 30 Days written notice in the event of cancellation for any reason before the expiration date of your policy or policies.

5. Vendor may email Certificates of Insurance to risk.management@danecounty.gov.

6. Call 608-266-4965 with any questions.

6. PERMITS & LICENSES

1. The Contractor selected under this bid shall be required to obtain the necessary permits and licenses prior to performing any work under this contract. The Contractor will be required to demonstrate valid possession of appropriate required licenses and will keep them in effect for the term of this contract.

mailto:risk.management@danecounty.gov

2. Contractor must be financially responsible for obtaining all required permits and licenses to comply with pertinent regulations, municipal, county, State of Wisconsin and Federal laws, and shall assume liability for all applicable taxes.

7. SATISFACTORY WORK

1. Any work found to be in any way defective or unsatisfactory shall be corrected by the

Contractor at its own expense at the order of the County. The County also reserves the right to contract out services not satisfactorily completed and to purchase substitute services elsewhere. The County reserves the right to charge the vendor with any or all costs incurred or retain/deduct the amount of such costs incurred from any monies due or which may become due under this contract.

8. GOVERNMENT STANDARDS

1. All materials, equipment, and supplies provided to the County must fully comply with all safety requirements as set forth by the Wisconsin Department of Commerce and all applicable OSHA

Standards. Bidders shall comply with all local, state and federal regulations, directives and laws.

9. DANE COUNTY SUSTAINABILITY PRINCIPLES

1. On October 18, 2012, the Dane County Board of Supervisors adopted Resolution 103, 2012-2013 establishing the following sustainability principles for the county:

o Reduce and eventually eliminate Dane County government’s contribution to fossil fuel dependence and to wasteful use of scarce metals and minerals;

o Reduce and eventually eliminate Dane County government’s contribution to dependence upon persistent chemicals and wasteful use of synthetic substances;

o Reduce and eventually eliminate Dane County government’s contribution to encroachment upon nature and harm to life-sustaining ecosystems (e.g., land, water, wildlife, forest, soil, ecosystems); and o Reduce and eventually eliminate Dane County government’s contribution to conditions that undermine people’s ability to meet their basic human needs.

2.6. CONTRACTING

1. CONTRACT/PROJECT ADMINISTRATION

1. The County department(s) utilizing the service will be responsible for drafting, coordinating, monitoring and administering the resulting service contract/purchase order. The department shall be responsible for notifying the awarded vendor about contract renewals or extensions.

Any modifications or additions to the contract(s)/purchase order(s) shall be communicated by the department to the Purchasing Division.

2. CONTRACT ASSIGNMENT - SUBCONTRACTORS

1. A resulting contract and any part thereof shall not be subcontracted or assigned to another

Contractor without prior written permission of the County. The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

3. CONTRACT ADDITIONS

1. The County reserves the right to add new items and locations at a price conforming to other like items on the contract. The procedure for such additions shall be as follows:

1. The County Purchasing Officer will contact the vendor requesting pricing for the item(s) to be added.

2. The vendor, within three working days, should respond in writing and include the bid number, contract period and the price for each item or service to be provided.

3. Upon receipt, the County shall issue a Change Order adding the service or product(s) to the

Contract or Purchase Order.

2. The County reserves the right to accept or reject prices and obtain bids on the open market for these add ons.

3. When applicable, Contractor may be required to sign a Dane County Contract.

4. CONTRACT TERMINATION

1. If for any reason the successful contractor fails to fulfill the requirements of the contract for providing the specified services, the County shall have the right to cancel the contract at any time and negotiate for the services with another contractor.

3. Contract Term

The contract shall be effective on the date indicated on the Dane County Purchase Order or the Dane

County Contract execution date. The initial term length and renewal terms available are estimates only and are subject to change.

If applicable, any optional or renewal terms are not automatic extensions. Renewal terms must be agreed upon mutually by Dane County and Contractor.

Anticipated Terms (Calendar Dates)

Term 1: January 1, 2027 - December 31, 2027

Term 2: January 1, 2028 - December 31, 2028

Term 3: January 1, 2029 - December 31, 2029

Term 4: January 1, 2030 - December 31, 2030

Term 5: January 1, 2031- December 31, 2031

4. Project Overview & Scope of Work

The following definitions and links are used throughout the RFP.

• Committee: the Personnel & Finance Committee of the Dane County Board of Supervisors.

• Contract: the purchase of services contract awarded for professional services pursuant to the terms of this RFP.

• Contractor: proposer awarded the contract, also defined as the Independent Consultant

• County: Dane County

County Agency: Department/Division utilizing the service or product.

Dane County Purchasing website: https://www.danepurchasing.com/

• Interested Stakeholder: employees covered by the Employee Benefit Handbook, employee groups and their representatives.

Proposer/Vendor/Firm/Contractor: a company submitting a proposal in response to this RFP.

4.1. Background - Dane County Employee Relations

The Employee Relations Division in the Department of Administration administers complex employment and labor relations programs in all areas of human resources. In the 2026 budget, Dane County has authorized 2,854 Full-Time Equivalent Employees and there are several hundred more Limited Term

Employees.

The terms and conditions of employment for Dane County employees who are not subject to a collective bargaining agreement are contained in an Employee Benefit Handbook. Dane County currently has seven different Employee Groups, each containing categories of employees with similar job classifications. Each Employee Group has its own section of the Employee Benefit Handbook. Each

Employee Group also has its designated representatives. Employees can choose to pay dues to their

Employee Group for the benefits of representation or they can forgo the payment of dues and choose to represent themselves.

4.2. Scope of Work - Impartial Hearing Officer for Step 4 Grievances

Under the Employee Benefit Handbook, a grievance is defined to be controversy between the Employer and any Employee or group of employees as to:

1. The interpretation or application of the Employee Benefit Handbook;

2. An alleged violation of the rights and privileges of an Employee or Group of Employees;

3. Any matter involving terminations, employee discipline, or workplace safety.

4. Any matter involving a dispute over the location of a position or positions in any employee group, or the placement of a position in the managerial classification rather than in an employee group.

https://www.danepurchasing.com/

5. Arbitrability. Independent Hear Officers also have the authority to determine issues of substantive and procedural jurisdiction. If either party raises a question concerning substantive arbitrability, an IHO shall be appointed to determine the question of arbitrability unless the parties agree otherwise. Questions concerning substantive arbitrability shall be resolved on an expedited basis with an IHO selected within five (5) business days of when a party raises the issue, and the parties agreeing to have the IHO render a decision on briefs only.

The Dane County Employee Benefit Handbook describes the process for filing a grievance. If Grievances are not settled at Step 3 (Appeal to the County Executive’s Designee), matters may be appealed to the

Impartial Hearing Officer.

Under this RFP, selected individuals from the pool of Impartial Hearing Officers would be expected to serve as a potential Impartial Hearing Officers (IHO) and follow the procedures outlined in the Employee

Benefit Handbook. The language in the Employee Benefit Handbook for this procedure is described in

Section 4.4 of this RFP.

4.3. Independent Consultant for the Annual Review of the Employee Benefit Handbook

Dane County Ordinance 18.24(4) requires an annual review of the Employee Benefit Handbook. This ordinance outlines a procedure to adopt changes to the Employee Benefit Handbook, referred to as the

Meet and Confer process.

Under the Employee Benefit Handbook, an individual from the pool of Impartial Hearing Officers is selected to serve as an Independent Consultant if an Independent Consultant is required.

The Independent Consultant will work with the Department of Administration, county employees and their representatives (if any) to make an initial recommendation concerning those matters that employees have raised an objection to during the annual Meet and Confer process. In developing these recommendations, the Independent Consultant shall conduct quasi-judicial hearings and provide a transcript of those hearings. The language in the Employee Benefit Handbook for this procedure is described in Section 4.5 of this RFP.

4.4. Impartial Hearing Officer Procedure

The selected firm must be able to work with the Impartial Hearing Officer procedure as described in

County Ordinance and the Employee Benefit Handbook. The procedure is described below:

1. The IHO will conduct a hearing on the grievance in a manner that ensures that a record of proceedings is created and preserved.

2. In grievances resulting from an employee discharge, the hearing will be scheduled within thirty

(30) days of the notice of selection.

3. The IHO shall have the authority to administer oaths, issue subpoenas at the request of the parties, and shall determine if a transcript of proceedings is necessary.

4. The IHO may require the parties to submit documents and witness lists in advance of the hearing.

5. The burden of proof at the hearing shall be the “preponderance of the evidence” standard.

6. The IHO shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant or unduly repetitious testimony or evidence that is inadmissible under s.

901.05 of the Wisconsin statutes.

7. The IHO shall give effect to the rules of privilege recognized by law.

8. Basic principles of relevancy, materiality and probative force shall govern the proof of all questions of fact.

9. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.

4.5. Independent Consultant Procedure

The selected firm must be able to work with the Independent Consultant procedure as described in

County Ordinance and the Employee Benefit Handbook. The procedure is described below:

1. Introduction

1. During the process of adopting, amending or terminating provisions on this handbook pursuant to Dane County Ordinances 18.24 (3) and (4), in the event that the County or the

Interested Stakeholders engage the assistance of the independent consultant, pursuant to

Dane County Ordinances 18.24 (3) (f), the following process shall be followed.

2. Notification

1. Upon receipt of any draft resolution authorizing revision to this handbook, pursuant to Dane

County Ordinances 18.24 (3) (e), any Interested Stakeholder must notify, in writing within ten (10) days, the County of its intent to engage the independent consultant. Such notification shall also include the Stakeholder’s draft resolution authorizing revision.

3. Selection of Independent Consultant

1. The County, in consultation with Interested Stakeholders, shall follow normal procurement practices to select an Independent Consultant.

4. Independent Consultant’s Process and Hearing

1. The Independent Consultant will work with the County and the interested stakeholder(s) to gather all pertinent information and to make initial and final recommendations concerning the matters at issue.

2. Prior to any hearing, the Independent Consultant will collect final draft resolutions authorizing revision, which, once submitted, may not be amended except by permission of the Independent Consultant and the other party. Hearings shall follow a quasi-judicial format.

3. Unless mutually agreed otherwise, there shall be a transcript of such a hearing.

4. The hearing shall be held in the City County Building if space can be made available, otherwise at another location to be agreed upon by the parties.

6. Costs

1. The County and the interested stakeholders shall share equally in the costs and expenses of the Independent Consultant’s proceedings, including reporter's costs, transcript fees and the fees of the Independent Consultant.

2. Either party may elect to use a tape recorder and in such event shall not be responsible for its proportionate share of reporter's fees unless a transcript is ordered by either party.

3. Expenses for a party's witnesses and a party's attorney(s) shall be borne solely by the party.

7. Final Recommendations of the Independent Consultant

1. The final recommendations of the Independent Consultant shall be limited to selecting the final resolution of one (1) of the parties on each individual issue before the Independent

Consultant without modification, unless the parties and the Independent Consultant agree otherwise.

2. In preparing recommendations, the Independent Consultant shall consider the standards normally or traditionally used in evaluating changes to wages, hours and conditions of employment.

3. The recommendations of the Independent Consultant shall be presented to the Personnel and Finance Committee and the County Board.

4. The Personnel and Finance Committee and the County Board shall vote on whether to incorporate, subject to section 18.24 (4)(g) Dane County Ordinance, the Independent

Consultant’s final recommendations, into the relevant portion of the Employee Benefit

Handbook, together with all items upon which the Independent Consultant was not engaged.

8. Additional Technical Requirements for Independent Consultant Services

1. The Independent Consultant will work with the Department of Administration and interested stakeholders to gather all pertinent information and make an initial and final recommendation concerning matters or issues within or stemming from the Employee

Benefit Handbook.

2. The Independent Consultant may be required to conduct hearings on recommendations.

1. Those hearings must follow a quasi-judicial format and provide a transcript of the hearings.

2. The Independent Consultant will not be responsible for providing the transcription services.

4.6. Travel Costs

Dane County will not pay for, reimburse, or otherwise assume any travel expenses associated with the work under this solicitation or any resulting contract. Travel expenses include, but are not limited to, mileage, airfare, lodging, meals, parking, tolls, rental vehicles, per diem, and all other travel-related costs.

5. RFP Response Requirements & Evaluation Criteria

1. RFP Response - Proposers shall upload and submit their proposal response document(s) to Section 1 of the Vendor Questionnaire.

• The RFP Response shall be organized to comply with the section numbers and names as shown below. Each section heading shall be clearly marked.

o If applicable, the Local Vendor Preference section is answered within the Vendor

Questionnaire and doesn't need to be included in the RFP Response document.

• Cover Letter / Cover Page o Provide a Cover Letter or Cover page and at minimum should include:

▪ Contact Person for the RFP process

▪ RFP Title

▪ RFP #

▪ Name of Proposer

• Table of Contents may be included but is not required.

• Graphics may be included but are not required.

2. Cost Proposal Response

• Complete the Pricing Table if there is one located within the RFP Posting.

• If there is no Pricing Table within the RFP Posting:

o Download and complete the Pricing Section document from the Attachment Section of the

RFP Posting.

o Upload the completed Pricing Section document to Section 1 of the Vendor Questionnaire.

3. Document Formatting - The RFP Response and Cost Proposal (if applicable) documents must be saved in PDF format unless otherwise specified within the RFP document and the file name shall include the

RFP# and name of business submitting proposal.

• Example of how to name the files:

o RFP Response Document: "2023-RFP-025 – Vendor Name" o Cost Proposal Document (if no pricing table): "2023-RFP-025 – Vendor Name - Cost

Proposal"

4. Evaluation Criteria - each section includes the Point Value assigned to it for evaluation purposes.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience, Capabilities, and Qualifications

1. Through this Request for Proposals

Dane County is looking for arbitration/mediation firms or individual attorneys operating under an LLC to serve as an Impartial

Hearing Officer(s). The selected firms or individuals attorney would become the pool of Impartial Hearing

Officers and from that pool an individual may be selected to serve as an Independent Consultant.

Selected firms or individuals should have significant experience that could come from any of the following legal fields:

1. Alternative dispute resolution practices and procedures, with an emphasis on employment law

2. An attorney who has years of service on a Civil Service

Commission and/or other

Boards and Commissions providing personnel oversight.

3. A retired Judge or Magistrate.

4. Other similar services relevant to the legal specialties listed in

1-3.

2. Provide an introduction to the individual/firm and their interest in this opportunity.

3. Please describe the individual or firm’s experience and capabilities in providing impartial hearing services.

1. This experience may come from the following fields: labor and employment law, service as a mediator, service as an arbitrator, human resources or employee relations, service on

Civil Service Commission or related board offering personnel

Points Based 65 (61.9% of Total) oversight to public sector employees, service as a judge or magistrate.

2. Please describe this experience in detail and offer how this experiences makes the firm qualified to serve as an Impartial

Hearing Officer and

Independent Consultant for

Dane County as described here within.

4. Provide resumes describing the educational and work experiences for each of the key staff participating in this project.

1. A substantial portion of that experience should be in handing public-sector employment relations in the State of

Wisconsin. Experience may come from any of the following areas: employment law, mediation service, arbitration service, human resource or employee relations, service on

Civil Service Commissions or other boards providing oversight of public sector employment, judicial experience.

2. Staff should be familiar with

County-level government.

3. Additional consideration will be given for affiliation with any of the following: National Academy of Arbitrators, American

Academy of Arbitrators, National Academy of

Distinguished Neutrals, American Association of

Mediators, National Association of Certified Mediators, Wisconsin Employment

Relations Council, Wisconsin

Association of Mediators, or affiliation with a similar organization of professionals related to arbitration or mediation (for example, other state level organizations – the

Illinois Academy of Mediators &

Arbitrators).

5. Please identify all important points of contact. Please indicate which staff members would be primary points of contact and their backups.

2. Conflicts of Interest

1. Please provide information on your current clients and conflicts of interest:

1. List all entities, public or private, for which you or your firm currently provides services and describe the services provided.

2. Describe the process you or your firm uses to identify actual or potential conflicts of interest.

3. List any clients represented by your firm that would pose an actual or potential conflict of interest with your role as an independent consultant.

Describe how you would propose to resolve these conflicts.

4. Identify any client you or your firm has represented in the past

5 years whose interest was adverse to Dane County or any of its boards, commissions, elected officials, or employees.

5. The firm selected to provide independent consultant services shall comply with the Wisconsin rules of professional conduct for attorneys and must enter into a contractual agreement.

Describe how, if selected, you would avoid any conflicts of interest that could interfere with your role as the independent consultant.

Points Based 10 (9.5% of Total)

3. Cost

1. Review and complete the Pricing

Proposal section (tables) within the

RFP.

2. If applicable, describe any potential travel related expenses for consideration. Include a description, pricing, estimated frequency, etc.

1. Upload this document into 1.4

RFP Cost Proposal -

Supplemental Document Upload within the Vendor

Questionnaire.

Points Based 25 (23.8% of Total)

4. Local Vendor Preference Points Based 5 (4.8% of Total)

6. Pricing Proposal

HOURLY RATES

Pricing shall be inclusive of all labor, deliver costs and other expenses necessary to provide services in accordance with the specifications and terms and conditions of this bid document and your proposal.

Line Item Description Unit of Measure Unit Cost No Bid

1 Impartial Hearing Officer Per Hour

2 Independent Consultant Per Hour

HOURLY RATES - OTHER POSITIONS IF APPLICABALE

For any line that does not get filled in, you must click "No Bid".

Line Item Description Job Title Unit of

Measure Unit Cost No Bid

3 Provide the job title in the next column ----> Per Hour

4 Provide the job title in the next column ----> Per Hour

5 Provide the job title in the next column ----> Per Hour

6 Provide the job title in the next column ----> Per Hour

7 Provide the job title in the next column ----> Per Hour

7. Vendor Questionnaire

7.1. RFP DOCUMENT UPLOADS

7.1.1. Single Proposal Submission*

Only 1 proposal is allowed to be submitted per Vendor Account. This means if you are submitting multiple proposals, you must follow the instructions set forth within the Section 2.2 RFP Guidelines and

Overview - Multiple Proposals & Acceptance.

It is understood that if multiple proposals are uploaded using 1 vendor account, the entire submission will be subject to disqualification.

☐ Please confirm

*Response required

7.1.2. RFP Response Document - Upload your Proposal*

Please DO NOT include Cost information in this section.

*Response required

7.1.3. RFP Response - Supplemental Document Upload

Upload any additional or required information documents that supplements this solicitation.

7.1.4. RFP Cost Proposal - Supplemental Document Upload

If applicable, upload any documents providing further clarification of the submitted pricing from the

Pricing Table. This is not required.

7.1.5. W9 Upload*

Upload your company's W9 form.

NOTE: The W9 is required to be signed within the past 12 months

*Response required

7.2. VENDOR INFORMATION

7.2.1. Local Vendor Preference *

Select a Local Vendor Preference:

Vendors located within Dane County automatically receive five points toward the evaluation score.

Vendors located within the counties adjacent to Dane County (Columbia, Dodge, Green, Iowa, Jefferson, Rock, Sauk) automatically receive two points toward the evaluation score.

Vendors located outside of Dane County and the 7 counties adjacent to Dane County would choose "No

Preference".

NOTE: A post office box address does not qualify as an established place of business.

☐ No Preference

☐ Yes - Dane County

☐ Yes - Columbia County

☐ Yes - Dodge County

☐ Yes - Green County

☐ Yes - Jefferson County

☐ Yes - Iowa County

☐ Yes - Rock County

☐ Yes - Sauk County

*Response required

7.2.2. Fair Labor Practice Certification *

Has your company been found by the National Labor Relations Board ("NLRB") or the Wisconsin

Employment Relations Commission ("WERC") to have violated any statute or regulation regarding labor standards or relations in the seven years prior to the date this bid submission is signed?

If yes is answered, a copy of any relevant information regarding such violation is required to be uploaded with your bid submission.

Additional information about the NLRB and WERC can be found using the following links:

www.nlrb.gov and http://werc.wi.gov.

☐ No, our company has NOT been found by the NLRB or the WERC to have violated any statute or regulation regarding labor standards or relations in the seven years prior to the date this bid submission is signed.

☐ Yes, our company HAS been found by the NLRB or the WERC to have violated any statute or regulation regarding labor standards or relations in the seven years prior to the date this bid submission is signed.

*Response required

7.2.3. Cooperative Purchasing*

Reference Guidelines - Section F.

Does your company agree to furnish the commodities or services of this bid to municipalities and state agencies?

☐ Yes

☐ No

*Response required

7.2.4. Designation of Confidential and Proprietary Information* Please specify what information you wish to designate as confidential and proprietary. Please identify section/ pages/ topic /documents, etc.

NOTE: Pricing sections cannot be designated as confidential and proprietary.

If nothing will be designated, simply type "None" in the section below.

*Response required http://www.nlrb.gov/ http://werc.wi.gov/

7.3. Compliance with County Ordinance and the Employee Benefit Handbook

7.3.1. Confirmation - Ordinance and Handbook*

Provide confirmation that…