Legal Services RFP - Final~1.docx

Illinois Department of Employment Security Request for Proposal Legal Services Program

27-427DES-LEGAL-B-49797

Section A. SCOPE OF WORK

A.1. OVERVIEW AND PURPOSE

The Illinois Department of Employment Security (IDES) is seeking the services of three law firms (or joint ventures or partnerships) to provide specified unemployment insurance-related legal services to unemployment compensation claimants and small employers, respectively. The services include client-screening, consultation, and, when appropriate, representation at hearings before administrative law judges, director's representatives, and the Board of Review involving benefits and tax matters. There will be three award categories, one for small employers and two for claimants. In the claimant category, one vendor will be responsible for claimants that have the last digit of their social security number of 0-4 and the other vendor will be responsible for claimants that have the last digit of their social security number of 5-9. Offerors can only win one of the three groups.

All claimants, whether appellants or appellees, are eligible for services under this program. Eligible employers are those reporting wages paid to fewer than 20 individuals, whether part-or full-time, for each of any two of the four calendar quarters preceding the quarter in which their application for legal assistance is made. Small employers are not eligible for services if they are delinquent in the payment of any Unemployment Insurance taxes, penalties, or interest except if the unpaid taxes, penalties, or interest are the subject of the appeal for which the legal services are requested. Vendors selected to represent small employers will work with IDES revenue staff to ensure that only eligible employers receive services under this program.

Selected Vendors will need to provide all services under this contract in accordance with the requirements of the Program established by applicable laws, rules, regulations, policies, and procedures, including, without limitation, Section 802 B and Department Rules (“DR”) 2712.201 through 2712.210. Selected Vendors will also need to provide all legal services under this contract in accordance with all applicable laws, rules, and regulations governing the practice of law in Illinois, including, without limitation, the rules of the Illinois Supreme Court.

Section 802 B states, in part:

As provided in Section 1700.1, effective January 1, 1989, the Director shall establish a program for providing services by licensed attorneys at law to advise and represent, at hearings before the Referee, the Director or the Director’s Representative, or the Board of Review, “small employers”, as defined in rules promulgated by the Director, and issued pursuant to the results of the study referred to in Section 1700.1, and individuals who have made a claim for benefits with respect to a week of unemployment, whose claim has been disputed, and who are eligible under rules promulgated by the Director which are issued pursuant to the results of the study referred to in Section 1700.1.

A.2. DESIRED OUTCOMES OF THIS PROJECT/ENGAGEMENT

The Department's goal is to promote program continuity and efficiency by securing the services of multiple vendors to provide specified unemployment compensation-related legal services to unemployment compensation claimants and small employers, respectively. IDES intends to make awards to two responsible vendors that submit responsive proposals to provide legal services to unemployment compensation claimants and to one responsible vendor that submit responsive proposal to provide legal services to small employers.

A.3. SCHEDULE & BUDGET

Procurement Schedule

A.4. TERM

A.4.1. TERM OF THIS CONTRACT: The contract resulting from this procurement will have an initial term commencing upon July 1, 2026 and ending on June 30, 2031. In no event will the total term of the contract, including the initial term, any renewal terms, and any extensions, exceed ten (10) years. Vendor shall not commence billable work in furtherance of the contract prior to final execution of the contract except when permitted pursuant to 30 ILCS 500/20-80.

A.4.2. RENEWAL: Subject to the maximum total term identified above, the State has the option to renew for the following term(s):

· Renewal #1: July 1, 2031 through June 30, 2036

A.4.2.1. Pricing for the renewal term(s), or the formula for determining price, is in the Pricing section of this solicitation.

A.4.2.2. Any renewal of the resulting contract is subject to the same terms and conditions that apply to the initial term of the contract unless otherwise provided. The State may renew the contract for any or all of the option periods specified, may exercise any of the renewal options early, and may exercise more than one option at a time based on continuing need and favorable market conditions, when in the best interest of the State. The contract may neither renew automatically nor renew solely at the Vendor’s option.

Section B. CURRENT CONDITIONS

B.1. OVERVIEW & BACKGROUND

The Department is permitted to pay no more than one million dollars for representation of eligible claimants, annually, and no more than one million dollars for representation of eligible small employers, annually, regardless of the number of law firms selected for each of the two categories. (See 2101(G) of the Unemployment Insurance Act, 820 ILCS/2101(G).)

IDES uses unbiased selection techniques to ensure that each law firm representing claimants receives a similar caseload for that client group (last digit of claimants' Social Security numbers), i.e., digits 0-4 are assigned to one vendor and digits 5-9 are assigned to the other.

DR 2720.215 (56 Ill. Adm. Code 2720.215) requires that benefit appeals hearings be conducted by telephone. Accordingly, most benefit appeals hearings are conducted by telephone. However, a witness or party may appear in person upon the administrative law judge's motion or upon the request of the witness or party for good cause shown (DR 2720. 215(b)).

Pursuant to Section 2203 of the Unemployment Insurance Act (820 ILCS 405/2203), hearings on tax issues are held in the county of the employer's principal place of business. This venue provision may be waived by the employer. Hearings, other than in Chicago, may be held at a local office of the Department or at other locations in the area. Tax hearings are typically conducted in person (DR 2725.215) but may be conducted by telephone at the discretion of the director's representative (DR 2725.220).

B.2. VOLUMES & QUANTITIES

During State fiscal year 2025, covering the period July 1, 2024 through June 30, 2025, the law firms representing claimants opened approximately 3,305 cases of which 774 involved full representation at benefit appeals hearings, 182 involved Board of Review matters, and 2,349 were consultations only. During the same period, the law firm representing small employers opened 164 cases of which 73 involved full representation at benefit appeals hearings, 24 involved Board of Review matters, 20 involved various tax cases (benefit charge, contribution rate, determination and assessment, and chargeable employer cases), and 71 were consultations only.

Section C. PROPOSAL REQUIREMENTS Only Electronic Submissions through BidBuy of Offers will be Accepted

C.1. REQUIRED DOCUMENTS TO COMPLETE AND SUBMIT

The Offeror shall submit the listed documents in BidBuy under the Attachments tab in the appropriate “Required Attachments” spaces.

· Vendor Disclosure or IPG Active Registered Vendor Disclosure

· Technical response

· Offer to the State of Illinois

· Commitment to Diversity

· BEP Utilization Plan

· VBP Utilization Plan Blank documents may be found on the Chief Procurement Officer for General Service’s website at https://cpo-general.illinois.gov/solicitation-and-contract-templates.html and on the BidBuy posting under “File Attachments:”. Business Enterprise Program/Veterans Small Business Program Utilization Plan may be downloaded from the Commission on Equity and Inclusion’s website at https://cei.illinois.gov/purchasing-entity-resources/compliance.html.

Failure to submit Vendor Disclosure or IPG Active Registered Vendor Disclosure, as applicable, and the Utilization Plan(s), as applicable, with the Offer submitted in BidBuy shall render the Offer non-responsive.

Offerors are required to submit their response to the State’s solicitation through BidBuy. Any information sent to the State outside of BidBuy, for example by US Mail, FedEx, UPS, e-mail, or hand delivery, will neither be accepted nor considered. Offeror submissions will only be considered if they are received through BidBuy and on or before the time and date indicated as the “Bid Opening Date” on the BidBuy posting. Any required attachments must be submitted via BidBuy.

Price entries on the Items tab will be locked automatically upon submission of the quote. Entering cost, pricing or discount information in the Alternate Description may result in disqualification. If the agency requires pricing to be submitted in an attachment, Offeror shall upload pricing under the “Required Documents” section on the Attachments tab and check the box “Does the attachment contain any pricing, cost or discount information?”. Failure to check this box allows your pricing to be viewed when bids are opened and will result in disqualification of your offer. NOTE: Do not check “Does the attachment contain any pricing, cost or discount information” if the attachment does NOT include pricing, cost, or discount information.

Documents shall be submitted in an electronic format that is accessible and readable using Microsoft Office suite software or Adobe Reader. Corrupted files shall not be considered. It is the Offeror’s responsibility to check that files are accessible and legible after uploading.

The Offeror is solely responsible for ensuring timely submission of their electronic solicitation response. Failure to allow adequate time prior to the Bid Opening Date to complete and submit a response to a solicitation, particularly in the event technical support assistance from the State is required, places the Offeror and their offer or response at risk of not being accepted.

The State encourages the Offeror to ensure that their BidBuy account is up-to-date. It is recommended that you access your BidBuy account prior to the solicitation due date and time to make sure that your company’s information is up-to-date and your password is current. Files may be uploaded at any time prior to submission.

File size may impact the uploading and downloading speed and may lead to browser time-outs, resulting in failed upload/download attempts. Please consider this dependency when attaching very large documents.

OFFEROR INSTRUCTIONS TO SUBMIT IN BIDBUY

Create Quote:

Note: any pricing entered in the Unit Cost of the Items Tab will be locked until after Technical Evaluations take place. Do not enter cost, pricing, or any discount information in the Alternate Description field. Entering cost, pricing or discount information in the Alternate Description may result in disqualification.

Note: If taking any exceptions to Standard Terms and Conditions an offeror must submit a redline version of the Standard Terms and Conditions with their proposal.

: “Upload” (next to each required attachment) : “Choose File” Note: If a pricing document is required, mark the box next to the question, “Does this attachment contain any pricing, cost, or discount information?”

Failure to mark this box when attaching a pricing document will result in disqualification.

Check this box ONLY if a separate pricing document is required.

Do NOT check this box for any other required quote attachment such as the Technical Proposal, Vendor Disclosure / IPG Active Registered Vendor Disclosure, or Utilization Plan(s), or Offer.

Offerors may also view the “Request for Proposal (RFP) Vendor Submission Instructions Video found at https://cpo-general.illinois.gov/vendor-resources.html

C.2. DUE DATE AND TIME FOR SUBMISSION OF OFFERS

Each solicitation contains the Offer due date and time, appearing as the “Bid Opening Date:” on the BidBuy posting. Offeror shall submit Offers in BidBuy, and the State shall open Offers electronically in BidBuy on the “Bid Opening Date”. The Offer must remain firm for 180 days from opening.

C.3. CONFLICT BETWEEN INFORMATION IN ELECTRONIC DOCUMENTS AND ON BIDBUY

If the State provides information in electronic documents (i.e., the RFP and other attachments) that is different or in conflict with the information the State provides on BidBuy, then the information in electronic documents is presumed to represent the State’s intent. If the Offeror provides information in electronic documents that is different or in conflict with the information the Offeror provides in BidBuy through their Seller Account, then the information in electronic documents shall represent the Offeror’s intended submission.

C.4. PUBLISHED PROCUREMENT INFORMATION

The State publishes procurement information, including solicitations, awards, and amendments, on the Chief Procurement Officer for General Services’ Illinois Procurement Bulletin, known as the Bulletin or BidBuy (https://www.bidbuy.illinois.gov/bso/). Procurement information may not be available in any other form or location. Offeror is responsible for monitoring BidBuy. The State will not be held responsible if Offeror fails to receive the optional e-mail notice of future amendments to the solicitation.

C.5. INFORMATION CONTACT

The individual listed in the “Info Contact:” field on the BidBuy posting shall be the single point of contact for this solicitation. Unless otherwise directed, Offeror should only communicate with the Information Contact. The State/Agency shall not be held responsible for information provided by or to any other person.

Suspected errors should be immediately reported to the Information Contact. Do not discuss, directly or indirectly, the solicitation or any Offer with any State officer or employee other than the Information Contact.

C.6. OFFEROR QUESTIONS AND AGENCY RESPONSE

All questions pertaining to this solicitation must be submitted in writing to the Information Contact no later than Friday December 19, 2025 at 5pm. Questions received and Agency responses may be posted as a Bid Amendment to the original solicitation on BidBuy; only these posted answers to questions shall be binding on the State. Offeror is responsible for monitoring BidBuy and BidBuy email notifications.

C.7. SMALL BUSINESS SET-ASIDE

In the Bulletin posting, if “Yes” is shown to the question “Is this a Small Business Set-Aside Procurement?”, then Offeror must be registered by the Illinois Small Business Set-Aside Program at the time Offers are due for the Offer to be evaluated. For requirements on qualifying Offeror’s business in the Small Business Set-Aside Program, please go to the Chief Procurement Office for General Service’s website at https://cpo-general.illinois.gov/sell-2-illinois.html.

C.8. BUSINESS ENTERPRISE FOR MINORITIES, WOMEN, AND PERSONS WITH DISABILITIES ACT PARTICIPATION AND UTILIZATION PLAN

The BidBuy posting indicates whether this solicitation contains a goal to include businesses owned and controlled by minorities, women, and persons with disabilities. If this solicitation contains a goal, then failure to complete and submit a Utilization Plan, including documentation demonstrating good faith efforts when requesting a waiver, shall render the Offer non-responsive. 30 ILCS 575/4(e). All questions regarding the subcontracting goal must be directed to the Information Contact indicated in BidBuy no later than Friday December 19, 2025 at 5pm.

BEP Goal: 11% Go to https://cei.illinois.gov/vendor-resources/get-bep-certified.html for complete requirements for BEP certification. Go to State of Illinois Commission on Equity and Inclusion at https://supplierdiversitymanagementportal.illinois.gov/home.aspx to search for certified BEP vendors.

C.9. VETERAN SMALL BUSINESS PARTICIPATION AND UTILIZATION PLAN

The BidBuy posting indicates whether this solicitation contains a goal to include businesses owned and controlled by military veterans. If this solicitation contains a goal, then failure to submit a Utilization Plan as instructed later in this solicitation may render the Offer non-responsive. All questions regarding the subcontracting goal must be directed to the Information Contact indicated in BidBuy no later than Friday December 19, 2025 at 5pm.

VBP Goal: 0% Go to https://cei.illinois.gov/programs0/veterans-business-program.html for complete requirements for Veteran Owned Small Business (VOSB) or Service-Disabled Veteran Owned Small Business (SDVOSB) certification. Go to State of Illinois Commission on Equity and Inclusion at https://supplierdiversitymanagementportal.illinois.gov/home.aspx to search for certified VOSB and SDVOSB vendors.

C.10. SECURITY

Bid/Performance Bond: N/A.

If a bond is required, Offeror must submit the Bid Bond with your offer or Performance Bond to the Information Contact within ten (10) days after contract execution. The bond must be from a surety licensed to do business in Illinois. An irrevocable letter of credit is an acceptable substitute. The form of security must be acceptable to the State.

C.11. TERMS AND CONDITIONS

Standard Terms and Conditions will become a part of any resulting contract. To view the Standard Terms and Conditions, please go to https://cpo-general.illinois.gov/solicitation-and-contract-templates.html.

Section D. EVALUATION PROCEDURES

D.1. EVALUATION PROCESS

The State assesses each Offer for Responsibility (E.10) and Responsiveness (D.2). The State considers the information provided and the quality of that information when assessing Offers. If the State finds a failure or deficiency, the State may reject the Offer or reflect the failure or deficiency in the assessment.

There are three scored parts to each proposal – technical, commitment to diversity, and pricing. Each part of the proposal is evaluated and ranked independently of the other parts of the proposal. The results of the evaluation of all three parts shall be used in ranking the proposals.

The State may award to the most responsive and responsible offeror whose offer best meets the specified criteria.

D.2. RESPONSIVENESS

A responsive offeror is one who submits an offer that conforms in all material respects to the Request for Proposal and includes all required forms.

D.2.1. The State will determine whether the Offeror complied with the instructions for submitting offers. Except for late submissions, and other requirements that by law must be part of the submission, the State may require that an Offeror correct deficiencies as a condition of further evaluation.

D.2.2. Subcontractor Disclosure: If the Offer includes any subcontractors, then Offeror shall complete the Subcontractor Disclosure section of the Offer to the State of Illinois.

D.2.3. If completing IPG Active Registered Vendor Disclosure, then responsiveness may include and may not be limited to:

· Active Illinois Procurement Gateway registration # with expiration date

· Certifications timely to this solicitation

· Disclosure of lobbyists for Offeror and parent entity(ies)

· Disclosure of pending and current contracts

D.2.4. If completing Vendor Disclosure, required parts may include and may not be limited to:

D.2.5. The State will determine whether the Offer meets the stated Technical Requirements. Minor differences or deviations that have negligible impact on the price or suitability of the supply or service to meet the State’s needs may be accepted or corrections allowed. If no offeror meets a particular technical requirement, the State may waive that requirement.

D.2.6. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered with proof that the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance, and desired characteristics.

D.3. EVALUATION METHODOLOGY

The Technical Requirements for this contract are described in Sections F.2. and F.3. The State evaluates the Technical Requirements without consideration of price.

D.3.1. Total Number of Points Available for Technical Requirements is: 100

D.3.2. Offeror shall complete and return Sections F.2 and F.3.

D.3.3. Relative Weight in Point Format:

Executive Summary and Staff Experience

The Plan for Performing Required Services

D.4. COMMITMENT TO DIVERSITY ELEMENTS

Sections 20-15 and 35-30 of the Illinois Procurement Code (30 ILCS 500/) require offerors to be evaluated on their commitment to diversity. The points available for Commitment to Diversity are described in Section F.3. and are equivalent to 20% of the Technical Requirements points. The State evaluates Commitment to Diversity without consideration of price.

D.4.1. The total number of points for Commitment to Diversity is 20.

D.4.2. Offeror shall complete and return Section F.4 Commitment to Diversity

D.4.3. Commitment to Diversity Categories: The percentages at the end of each section reflect the weighted distribution of points available identified in D.4.1.

Commitment to Diversity Categories

Category 1 – BEP Compliance - Whether the Offeror meets the set goal for contracting or subcontracting with businesses owned by women, minorities, or persons with disabilities or completed a Good Faith Effort Waiver for this procurement. 5%

Category 2 – Subcontracting/Contracting with any WMD businesses (not limited to BEP vendors) - Whether the Offeror has contracted/subcontracted within the prior calendar year with businesses owned by women, minorities, or persons with disabilities. 10%

Category 3 – Diversity, Equity and Inclusion (DEI) Spend – Offeror’s percentage of business, education and/or community spend from prior calendar year gross revenue that involves businesses owned by women, minorities and/or persons with disabilities. The assisted businesses are not required to be certified in the Illinois Business Enterprise Program. 20%

Category 4 – DEI Time - Offeror’s hours spent in the prior calendar year on promoting DEI in the workplace, the community, education institutes, or supporting businesses owned by women, minorities, or persons with disabilities. The assisted business is not required to be certified in the Illinois Business Enterprise Program. The success or failure of each event does not impact the points achieved. The event may be voluntary or paid time. 20%

Category 5 – DEI Policies - The vendor has provided a written copy/screenshot of their current written workforce diversity, equity, and inclusion (“DEI”) policy. The policy provided must be actionable plans, not overarching concepts around DEI. 10%

Category 6 – Diversity in Staffing - % of individuals on governing board and/ or Senior executives who identify as women, minorities or person with disabilities. 10% % of individuals in management /supervisor positions who identify as women, minorities or person with disabilities. 13% % of total staff who identify as women, minorities or person with disabilities. 12%

D.5. PRICE

The State opens Price proposals after evaluating all Technical and Commitment to Diversity proposals.

If the State does not consider the price to be fair and reasonable and negotiations fail to meet an acceptable price, the State reserves the right to cancel the award and take appropriate action to meet the needs of the State. The State determines whether the price is fair and reasonable by considering the offer, including the offeror's qualifications, the offeror's reputation, all price proposals submitted, other known prices, the project budget, and other relevant factors.

D.5.1. The total number of points for Price is 100.

D.5.2. The State will determine Price points using the following formula:

Maximum Price Points X (Lowest Price/Offeror’s Price) = Total Price Points

D.6. MAXIMUM AVAILABLE POINTS

The maximum number of points is: 100 (Technical) + 20 (Commitment to Diversity) + 100 (Price) = 220 maximum available points.

Section E. ADMINISTRATIVE REQUIREMENTS

E.1. GOVERNING LAW AND FORUM

Illinois law and rules govern this solicitation and any resulting contract. Offeror must bring any action relating to this solicitation or any resulting contract in the appropriate court in Illinois. This document contains statutory references designated with “ILCS”. To view the full text, go to https://ilga.gov/Legislation/ILCS/Chapters . The Illinois Procurement Code (30 ILCS 500) and the Standard Procurement Rules (44 ILL. ADM. CODE PART 1) are applicable to this solicitation. To view them respectively, go to and Illinois General Assembly - ADMINISTRATIVE CODE.

E.2. PUBLIC RECORDS AND REQUESTS FOR CONFIDENTIAL TREATMENT

Offers become the property of the State. All offers will be open to the public under the Illinois Freedom of Information Act (FOIA) (5 ILCS 140) and other applicable laws and rules, unless Offeror requests in its Offer that the State treat certain information as confidential. A request for confidential treatment will not supersede the State’s legal obligations under FOIA. The State will not honor requests to keep entire Offers confidential. Offerors must show the specific grounds in FOIA or other law or rule that support confidential treatment. Regardless, the State will disclose the successful Offeror’s name, the substance of the Offer, and the price.

If Offeror requests confidential treatment, Offeror must submit additional copy/copies (see Instructions for Submission of Offers in Section C.) of the Offer with proposed confidential information redacted. This redacted copy must tell the general nature of the material removed and shall retain as much of the Offer as possible. In a separate attachment, Offeror shall supply a listing of the provisions identified by section number for which it seeks confidential treatment and identify the statutory basis or bases under Illinois law, including a detailed justification for exempting the information from public disclosure.

Offeror will hold harmless and indemnify the State for all costs or damages associated with the State defending Offeror’s request for confidential treatment. Offeror agrees that the State may copy the Offer to facilitate evaluation, or to respond to requests for public records. Offeror warrants that such copying will not violate the rights of any third party.

E.3. MINORITY CONTRACTOR INITIATIVE

The State requires a fee of $15 to cover expenses related to the administration of the Minority Contractor Opportunity Initiative. Any offeror awarded a contract of $1,000 or more under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) is required to pay a fee of $15. The Comptroller shall deduct the fee from the first check issued to the Vendor under the contract and deposit the fee in the Comptroller’s Administrative Fund. 15 ILCS 405/23.9.

E.4. FEDERAL FUNDS

The resulting contract may be partially or totally funded with Federal funds. Upon notice of intent to award, the percentage of supplies and/or services involved that are Federally funded and the dollar amount of such Federal funds will be disclosed.

E.5. EMPLOYMENT TAX CREDIT

Offerors who hire qualified veterans and certain ex-offenders may be eligible for tax credits. 30 ILCS 500/45-67 and 45-70. Please contact the Illinois Department of Revenue (217-524-4772) for information about tax credits [35 ILCS 5/216, 5/217].

E.6. RESERVATIONS

Offeror must read and understand the solicitation and tailor the Offer and all activities to ensure compliance. The State reserves the right to amend the solicitation, reject any or all offers, award by item/services, group of items/services, or grand total, and waive minor defects. The State may request a clarification, inspect Offeror’s premises, interview staff, request a presentation, or otherwise verify the contents of the Offer, including information about subcontractors and suppliers. The State may request Best & Final Offers when appropriate. The State will make all decisions on compliance, evaluation, and terms and conditions, and shall make decisions in the best interests of the State and in accordance with the Illinois Procurement Code, rules and other applicable State and Federal statutes and regulations. This competitive process may require that Offeror provide additional information and otherwise cooperate with the State. If an offeror does not comply with requests for information and cooperate, the State may reject the offer as non-responsive to the solicitation. Submitting an offer does not entitle Offeror to an award or a contract. Posting a vendor’s name in a Bulletin notice does not entitle the vendor to a contract. The State is not responsible for and will not pay any costs associated with the preparation and submission of any offer.

Awarded Offeror(s) shall not commence and will not be paid for any billable work undertaken prior to the date all parties execute the contract, unless approved in writing in advance by the State Purchasing Officer or the Chief Procurement Officer (or designee).

E.7. AWARD

The State is not obligated to award any contracts pursuant to this solicitation. If the State issues an award or awards, the award(s) will be made to the responsive and responsible offeror(s) whose offer best meets the specified criteria unless otherwise permitted by the Illinois Procurement Code and Illinois Administrative Code. However, if the State does not consider the price to be fair and reasonable and negotiations fail to meet an acceptable price, then the State reserves the right to cancel any award and take appropriate action to meet the needs of the State. The State will determine whether the price is fair and reasonable by considering the offer, including the offeror's qualifications, the offeror's reputation, all prices submitted, other known prices, the project budget and other relevant factors. The State will post a notice to the Bulletin identifying the apparent most responsive and responsible offeror(s).

The State will award to the top scoring Offeror for each group. Group 1 will be claimants with a Social Security Number ending in 0-4. Group 2 will be claimants with a Social Security Number ending in 5-9. Group 3 will be small employers. If Offeror is submitting its proposal for multiple groups, Offeror shall indicate their order of preference for the group(s). Offerors can only be awarded one group. In the event that one Offeror is the top-scorer for multiple groups, the Agency will utilize the preference listing to determine which group the Offeror is awarded.

E.8. INVOICING ADDRESS

The awarded Vendor shall invoice at the completion of the contract unless invoicing is tied in the contract to milestones, deliverables, or other invoicing requirements agreed to in the contract. The Bulletin posting contains the “Bill-to Address:” where invoices should be sent.

Vendor shall not bill for any taxes unless accompanied by proof that the State is subject to the tax. If necessary, Vendor may request the applicable Agency’s Illinois tax exemption number and Federal tax exemption information.

E.9. PROTEST REVIEW OFFICE

Offeror may submit a written protest to the Protest Review Office following the requirements of the Standard Procurement Rules. 44 ILL. ADM. CODE 1.5550. For protests related to specifications, the Protest Review Office must physically receive the protest no later than fourteen (14) days after the solicitation or related addendum was posted to the Bulletin. For protests related to rejection of individual proposals or awards, the protest must be received by close of business no later than fourteen (14) days after the protesting party knows or should have known of the facts giving rise to the protest. The Protest Review Office’s information is as follows:

Chief Procurement Office Attn: Protest Review Office Email: cpogs.pro@illinois.gov

E.10. RESPONSIBILITY

A responsible Offeror is one who has the capability in all respects to perform fully the contract requirements and who has the integrity and reliability that will assure good faith performance. The State determines whether the Offeror is a “responsible” offeror; an offeror with whom the State can or should do business. For example, the State may consider the following:

E.10.1. A “prohibited bidder” includes any person assisting an employee of the State of Illinois by reviewing, drafting, directing, or preparing any invitation for bids, a request for proposal, or request of information, or providing similar assistance unless such assistance was part of a publicly issued opportunity to review drafts of all or part of these documents. For purposes of this section, an employee of the State of Illinois means one who, by the nature of his or her duties, has the authority to participate personally and substantially in the decision to award a State contract. No person or business shall submit specifications to a State agency unless requested to do so by an employee of the State. No person or business that contracts with a State agency to write specifications for a particular procurement need shall submit a bid or proposal or receive a contract for that procurement need.

Nothing herein is intended to prohibit a vendor from bidding or offering to supply developing technology, supplies or services after providing the State with a demonstration of the developing technology, supplies, or services; provided the subject of the demonstration to the State represents industry trends and innovation and is not specifically designed to meet the State's needs. Nothing herein is intended to prohibit a person or business from submitting a bid or offer or entering into a contract if the person or business: (i) initiates a communication with an employee to provide general information about products, services, or industry best practices and, if applicable, that communication is documented in accordance with Section 50-39 of the Illinois Procurement Code or (ii) responds to a communication initiated by an employee of the State for the purposes of providing information to evaluate new products, trends, services, or technologies.

E.10.2. Other factors that the State may use to evaluate to determine responsibility include, but are not limited to: political contributions, certifications, conflict of interest, financial disclosures, taxpayer identification number, past performance in business or industry, references (including those found outside the Offer), compliance with applicable laws, financial responsibility, insurability, effective equal opportunity compliance, payment of prevailing wages if required by law, capacity to produce or sources of supply, and the ability to provide required maintenance service or other matters relating to the offeror’s ability to deliver in the quality and quantity within the time and price as specified in this solicitation.

E.10.3. Awarded offerors must always have financial resources sufficient, in the opinion of the State, to ensure performance of the contract and must provide proof upon request. The State may require a performance bond if, in the opinion of the State, it ensures performance of the contract. The State may terminate the contract, consistent with the termination for cause provision of the contract, if the vendor lacks the financial resources to perform under the contract.

E.10.4. The State may require that an offeror correct any deficiencies as a condition of further evaluation.

E.11. BidBuy Terminology and Guidance: BidBuy is an online e-procurement system. There may be some difference between the procurement terminology used in this solicitation and the terms used in BidBuy. Please learn more about BidBuy by accessing the online resources found here:

https://pathway2procurement.illinois.gov/bidbuy.html

Section F. PROPOSAL FORMS Offeror must complete and return the following Technical Requirements:

· The following three (3) tables include: Contract Requirements (Section F.1), and Technical Requirements: Mandatory Requirements with Evidence (Section F.2), and Proposed Technical Solution (Section F.3)

· Commitment to Diversity (Section F.4)

· Offer to the State of Illinois Please read and follow each instruction carefully.

F.1. CONTRACT REQUIREMENTS

Please read each contract requirement carefully in F.1. These contract requirements shall be included in any contract resulting from this solicitation.

CONTRACT REQUIREMENTS

F.1.1. The Vendor shall provide and operate, at vendor’s expense, a toll free (continental U.S.) telephone number (and additional equipment where necessary to meet the requirements of the Americans with Disabilities Act and Section 188 of the Workforce Innovation and Opportunity Act of 2014, as amended) to receive, screen, and forward calls from clients to Vendor’s staff or subcontractor attorneys. Toll free lines must be operated during all business hours and answered promptly, but in any event calls must be returned within one business day.

F.1.2. The Vendor shall provide services in the appropriate language to effectively communicate with any clients of limited English proficiency through a third-party interpreter service or by other reasonable means.

F.1.3. The Vendor shall provide up to one hour of legal advice (orally, in writing, or a combination of both) (“consultation”) for each client who fails to present a valid claim or defense as determined by the Vendor. The legal advice provided by the Vendor shall include both procedural and substantive aspects of the hearing or other proceeding (DR 2712.203(d) and 2712.205(e)). The Vendor shall provide notice, in writing, where possible, or orally (where there is insufficient time prior to a hearing or briefing deadline to provide written notice due to reasons such as limited time for US Mail to get to the client, client informed the Vendor the day before a hearing of a key fact that was never shared, client lives out of state or other time sensitive reasons not specified in this document), to each client who has failed to present a valid claim or defense of the specific reasons for such finding, the availability of an internal appeal process and reimbursement of non-Legal Service Providers (LSP) attorneys, and provide a reasonable means for submitting a request for internal appeal. The Department will not dictate the internal appeal process but must be in agreement with the Vendor’s process. Note: IDES typically receives about two requests for reimbursement involving a few hundred dollars per fiscal year. IDES requires that the affected firm pay their former client whatever reimbursement is due. However, the affected firms include the payments in their invoices and are reimbursed by IDES. IDES will verify eligibility for reimbursement based on the outcome.

F.1.4. The Vendor shall establish an internal appeal process in the event the Vendor concludes that consultation, only, is warranted (i.e., the client has failed to present a valid claim or defense as defined and explained in DR 2712.201, 2712.203, and 2712.205 (56 Ill. Adm. Code 2712.201, 2712.203, and 2712.205)), which process is completed prior to the hearing or proceeding for which the client seeks representation. The Vendor must agree to reimburse private attorneys (as provided in Department Rule 2712.210) retained by such clients if that party prevails at any level of the administrative or related judicial process. (That reimbursement expense may be billed to the State to the extent that funding for the program under Section 802 B of the Act is available.)

F.1.4.1. The vendor shall maintain a log of internal appeals including for each appeal: the date received, the name of the appellant, the date of the decision, and the reason(s) for the decision.

F.1.4.2. Maintain a log of non-LSP attorney fee reimbursement requests including for each request: the date received, the name of the requester, the date of the decision, the amount of reimbursement, if any, and the reason(s) for the decision.

F.1.5. The Vendor shall conduct pre-hearing interviews with all clients who have been accepted for representation.

F.1.7. Within one month before the completion of this contract including all renewals, or as needed during the life of the contract, the Vendor shall provide and, if necessary, implement a transition plan, in cooperation with IDES and any successor service provider(s), to ensure seamless and uninterrupted services to claimants until the ending date of the contract term, as may be modified by any renewal term(s) and/or extension(s), or any termination date.

F.1.8. The Vendor shall provide a satisfaction survey to all clients at the end of the services provided, whether consultation only or where representation is provided.

F.1.8.1. The survey must include the following: 1) what services were provided e.g., consultation only or representation, 2) the outcome of the cases in which representation was provided, 3) the name of the attorney assigned to the case, 4) whether the attorney was respectful, helpful and knowledgeable, 5) how satisfied the client was with the attorney’s services, and 6) how helpful the client finds this free service. The survey will allow the person to rate items 4, 5, and 6 on a scale of 1 to 5 (with 1 denoting extreme dissatisfaction and 5 denoting extreme satisfaction) as well as a comment section for each question.

F.1.8.1.1. Completed surveys must be submitted to IDES for review with monthly invoices. Additionally, completed surveys need to be available upon request by IDES within one business day. IDES will work with the Vendor to attempt to increase the percentage of surveys that are completed by clients.

F.1.9. Within 60 days of the end of each State fiscal year (June 30), the Vendor shall submit, in writing, an annual report compiling fiscal, programmatic and statistical data and citing accomplishments and recommendations for improvements in the program. This report shall also include Vendor’s responses to complaints by clients, including descriptions of the complaints and the steps taken to resolve them. The report shall also include at a minimum the following: 1) the win/loss ratio of cases taken, outlining the type of case and whether it involved a hearing, 2) the number of consultation only cases and why each case was not eligible for representation and 3) the number of calls received each month compared to the number of cases in which representation was provided or consultations were conducted that month.

F.1.10. Upon termination or expiration of the contract, the Vendor shall provide IDES with a written report of the status of all cases pending using digital media and software as the parties may reasonably agree. This provision is applicable and enforceable even after the expiration or termination of the contract and until all information about the status of the pending cases is provided.

F.1.11. In the event that an attorney affiliated with vendor is, or, within the 36-month period preceding the contract execution date, has been suspended or disbarred from the practice of law in this State or any other jurisdiction, or otherwise officially disciplined or reprimanded over issues pertaining to his or her professional responsibility as an attorney, the Vendor shall notify the Department in writing by the contract execution date, or within three business days of the date of official notification of the suspension, disbarment, reprimand or other disciplinary action, whichever is later. The notice shall include a description of the issues giving rise to the suspension, disbarment, reprimand or other disciplinary action, together with the vendor’s intended response with respect thereto. An attorney affiliated with the vendor includes a principal, associate or employee of the vendor or an individual serving of counsel to the vendor or a principal, associate or employee of a subcontractor of the vendor who is providing services in connection with the contract or an individual serving of counsel to a subcontractor who is providing services in connection with the contract.

F.2. MANDATORY REQUIREMENTS WITH EVIDENCE

Please check “Met” to each of the mandatory requirements that your proposal meets. An Offeror that does not meet one or more of the mandatory requirements or fails to provide substantiating evidence for each requirement will be disqualified and the rest of the proposal will not be scored.

These Mandatory Requirements shall be included in any contract resulting from this solicitation.

Please provide substantiating evidence together with your Proposed Technical Solution response to Section F.2. Use the column on the right in the chart below to indicate the section and page number where your evidence/response to each item may be found. The State will evaluate Offeror’s evidence/response to verify the mandatory requirement is met.

MANDATORY REQUIREMENTS WITH EVIDENCE

Proposal Section and Page Number

F.2.4 Offeror shall include a statement about which client group(s) Offeror is submitting it’s proposal for:

Group 1: claimants for Social Security Numbers ending in 0-4, Group 2: claimants for Social Security Numbers ending in 5-9, Group 3: small employers.

If Offeror is submitting its proposal for multiple groups, Offeror shall indicate their order of preference for the group(s). Offerors can only be awarded one group.

In the event that one Offeror is the top-scorer for multiple groups, the Agency will utilize the preference listing to determine which group the Offeror is awarded.

Met ☐

F.3. PROPOSED TECHNICAL SOLUTION

Please explain how your organization meets or will meet each of the below items, in detail. Documentation is required for each item. Each category and bullet point below should be addressed.

F.3.1 - Firm executive summary Offeror should submit a summary and overview of its proposal including:

· An overview of the Offeror’s firm, its mission, its goals, the types of law practiced, and a brief history of the firm including knowledge and experience regarding group legal services, administrative hearings and proceedings, and unemployment insurance law.

F.3.2 - Firm and staff experience Offeror should provide the following information regarding firm and staff experience that describe experience in the practice of legal service programs, general administrative law and unemployment law:

· Experience with participation in group legal services programs;

· Experience with participating in administrative hearings; and

· Experience with…