QTB_response_Template.doc

RESPONSE SUBMITTED FOR THE REQUEST FOR RESPONSE (RFR)

STATE EMPLOYEE COMMUTER BENEFITS PROGRAM

RFR NUMBER: State_Employee_Commuter_Benefits_2009 Insert Bidder Name:

COMMONWEALTH OF MASSACHUSETTS

RESPONSE SUBMITTED FOR THE

REQUEST FOR RESPONSES (RFR) FOR:

IRC Section 132(f) Qualified Transportation Benefits State Employee Commuter Benefits Program

ENTER BIDDER NAME:

INSTRUCTIONS:

1. The Written RFR Response must be submitted using this “Response_Template” as posted on the “Forms & Terms” or “Specifications” Tab of Comm-PASS. This Template is being used so that all Responses appear uniform and consistent for selection purposes and to enable posting on Comm-PASS once selection is completed.

2. This WORD document must be used and may not be altered, reformatted or changed in any way or the Response will be subject to rejection, and .pdf portions of the Response may not be submitted.

3. Information must be entered, or copy and paste into the spaces provided for each question. The space will expand to accommodate the data entered. Open the “footer” and add the Bidder Name to print on each page of the Response.

4. Response may not refer to outside attachments for key information related to answering the questions unless the attachment is one of the Required Attachments for the RFR Response or is an attachment that must be completed as specified under the “Forms and Terms” tab for this RFR on Comm-PASS.

5. Each item must be addressed specifically by entering information in the required space. If an item is inapplicable, the Response must indicate "N/A" or “Not applicable” or other appropriate explanation.

6. Bidders are responsible for reviewing the “Forms & Terms” tab under this RFR in Comm-PASS for all the listed specifications and the required Forms that must be submitted with the RFR Response (in order to be considered for selection) or upon contract award and execution. Bidders should use this page as a checklist to ensure that all required attachments are completed, executed and submitted with the Response. Failure to submit the required Forms with the RFR Response, as specified, will be considered sufficient grounds for rejection of a Response.

7. When saving this document to CD/DVD the file name must be updated to identify the Bidder’s name.

SUBMISSION OF RESPONSES

Number of Copies of Responses

1. One Original hard copy of the Response. All Attachments with original signatures must be included with the Original.

2. Two (2) Photocopies of the Response, including attachments.

3. Four (4) CDs/DVDs each with a copy of the entire Response (attachments requiring signatures should not be included). Document MAY NOT BE .pdf format but must be a WORD document or compatible document with WORD 2003 (“.doc” not “.docx”) Format of Hard Copy Responses:

1. Bidder/Plan Administrators must submit RFR Response using the WORD document “RFR Response Template” posted on Comm-PASS. See INSTRUCTIONS above.

2. Printed hard paper copy format; 8½ x 11 plain paper (not Company Letterhead). Submittals if possible should be printed double sided, on recycled paper with a minimum post-consumer content of 20% or on tree-free paper (i.e., paper made from raw materials other than trees, such as kenaf). Responses should note whether recycled paper or tree-free paper is being used.

3. RESPONSES MAY NOT BE FORMALLY BOUND. Binders, folders or staples are acceptable. Bidder/Plan Administrators should submit materials in a format which allows for easy removal and recycling of paper materials (i.e. binders, glued materials, staples or clips). Unless absolutely necessary, all Responses and copies should minimize or eliminate use of non-recyclable or non re-usable materials such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three ringed binders, glued materials, paper clips and staples are acceptable.

4. Marketing materials, samples, attachments or documents should not be submitted unless specifically requested in this RFR. NO LOGOS OR WATERMARKS MAY APPEAR IN RESPONSE DOCUMENT.

Deadline for Submission

Submit Responses By Mail Or Hand Delivery by the Response Submission Deadline listed in the RFR “Response Template” To:

c/o Monica Middleton, Procurement Management Team Coordinator Office of the Comptroller --One Ashburton Place – 9th Floor

Boston, MA 02108 Responses must be received by the deadline date and time for submission. Postmark dates and guaranteed delivery dates will not be considered. Late delivery of Responses are subject to rejection.

Fax or electronic responses are not acceptable

RFR RESPONSE PART A

BIDDER/PLAN ADMINISTRATOR AUTHORIZED CONTACT, INTRODUCTION AND CERTIFICATIONS

A-1. Authorized Representative and RFR Contact. Please complete the information below for the Individual who is an Authorized Representative of the Bidder/Plan Administrator, who can legally bind the Bidder/Plan Administrator during the RFR Interview and subsequent negotiations, and who shall serve as the RFR Contact for any questions or communication necessary during the procurement. Emails related to any notices under this RFR including questions, notice of selection, interviews etc. will be made to the listed Contact. The Legal Name and Address listed below must match the W-9 and Commonwealth Terms and Conditions submitted for this Contract (or already on file with the Commonwealth).

A-1. ANSWER:

Bidder/Plan Administrator Legal Name:

Bidder/Plan Administrator Legal Address:

Commonwealth Vendor Code (if already a vendor – if not leave blank):

Authorized Representative (Contact) Name:

Authorized Representative Title:

Email Address:

Telephone:

Fax:

A-2. Bidder/Plan Administrator Introduction: Please provide in the space below, not to exceed 2 pages in length, the Bidder/Plan Administrator's understanding of the RFR request, the requirements of the work the Bidder is bidding on, the work to be performed and bid upon, and provide an overview summary of the Bidder qualifications and experience to perform the work requested. Describe Bidder’s experience with administering qualified transportation benefit programs, provide a summary that includes the number of years that Bidder has provided such services, number and type (governmental or private) of clients, the total number of eligible employees, and the total number of actual participants that your company currently serves. Identify those clients who are large employers with multiple payroll processing centers.

A-2. ANSWER:

Bidder/Plan Administrator/Bidder Introduction:

A-3. Response Terms Subject to Commonwealth Contract and RFR Terms. Bidder/Plan Administrators may not condition the execution of a contract with the Commonwealth upon the Commonwealth’s execution of a Bidder/Plan Administrator contract form, or require that other Bidder/Plan Administrator Terms and Conditions automatically apply to this contract. Any additional terms, conditions, procedures or forms that the Bidder/Plan Administrator seeks to be used or to apply to this Contract must be specified below and attached to be considered by the PMT as a basis for selection. A Bidder may be disqualified if terms or attachments are deemed unacceptable, non-negotiable or the Response is submitted subject to or conditioned upon the Department’s acceptance of these terms. SUBMISSION OF A RESPONSE WILL BE CONSIDERED THE BIDDER’S ACCEPTANCE THAT ALL BIDDER RESPONSE TERMS SHALL BE SUBJECT TO THE COMMONWEALTH CONTRACT FORMS AND OTHER TERMS AND SPECIFICATIONS IDENTIFIED IN THIS RFR, and Bidder agrees that compliance with the Contract and listed Response and RFR terms shall be binding and shall not be re-negotiable upon selection. After selection a Bidder/Plan Administrator may not identify standard forms, procedures, conditions or other terms that conflict with or modify the Commonwealth Contract Forms of the terms of this RFR (or as amended). Contract negotiation shall be limited to the details of performance and not terms already accepted or contained in the standard contract forms.

A-3. ANSWER:

A-4. Negotiation of Terms and Additional Terms and Clarifications. It is expected that any legal review of the required Commonwealth Contract forms and attachments (as required by Part D) and any terms and conditions or specifications identified in the RFR will be completed prior to submission of the RFR Response and that objections to any language in the RFR or attachments will not be raised after selection or during contract negotiations. Therefore, if the Bidder/Plan Administrator has any questions related to the interpretation of any language in the required forms or Attachments, these questions must be identified as part of the on-line forum for this RFR and may not be raised at a later date. Any issues or concerns with the language in the Contract Forms or Attachments, or proposed additions or clarifications must be identified below, with the reasons for the additions or clarifications, the additions or clarifications which will be evaluated as part of the selection process, and may not be raised after selection. Additions or clarifications may provide additional details of performance but may not modify or change key contract or RFR terms. The Attorney General's Office has deemed third-party indemnification for personal and property damages and other torts by a Contractor or subcontractor is not negotiable. Due to the risk of employee/customer personal information data breaches and other actual damages related to the handling of employee/customer commuter benefits and payments, limitations of liability will not be negotiated. Bidders may propose various limitations of liability amounts, the reasons for these limits, pricing considerations that are triggered by these limits, and the pros and cons of implementing or not implementing any limitation of liability amounts. The Bidder may be required to document and prove any allegations or claims related to the cost of obtaining business or professional liability insurance to insure against these potential losses has a direct correlation to the claims of costs or performance for this Contract. The fact that a Bidder/Plan Administrator raises any issues related to the Contract Forms or terms does not mean that these terms will be negotiated or that any proposed terms, limits or conditions are automatically accepted. Submission of the responses to this section provides an opportunity for CTR to evaluate all issues related to entering into a Contract for commuter benefits as expeditiously as possible and to evaluate the level of cooperation or difficulty the Department will face with negotiating the Contract quickly and getting the program implemented by a qualified, capable Contractor by early March 2010 which will be a primary basis for selection. Bidders that submit Responses that clearly demonstrate a protracted negotiation timeframe, a long implementation process, a lack of willingness to cooperate or partner with the Commonwealth to implement the commuter benefits program within the mandated deadlines, or a lack of capability to handle the scope and requirements of the Program will be primary reasons for disqualifying any Bidder or rating a Bidder with a lower score.

A-4. ANSWER:

A-5. Concurrent Material Engagements. Provide a listing of the Bidder/Plan Administrator’s concurrent material engagements, as well as its current outstanding proposals or bids that could impact the available resources to fully manage the Commonwealth's State Employee Commuter Benefits Program or implement the Program by the end of February 2010. Describe the Bidder/Plan Administrator’s capacity to take on the management and administration of the Commonwealth's Commuter Benefit Program.

A-5. ANSWER:

A-6. Litigation, Penalties, Bankruptcy and Liquidated Damages. Complete all of the following. Failure to identify such contingencies as part of a Response will be considered sufficient cause for immediate termination from the Statewide Contract if such information is discovered during the life of the Contract.

a) List any outstanding contingencies, such as lawsuits or other claims or charges against the Bidder/Plan Administrator related to performance of the services sought under this RFR.

b) List any and all investigations, indictments or pending litigation in any federal, state or local jurisdiction relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related company, including subcontractors that may be assigned to this contract.

c) A list of all criminal convictions within the last five years relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related entity.

d) A list of all civil penalties, judgments, consent decrees and other sanctions within the last five years, as a result of any violation of any law, rule, regulation or ordinance in connection with its business activities relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related entity, including subcontractors that may be assigned to this contract.

e) A list of all actions occurring within the last five years which have resulted in revocation or suspension of any permit or authority to do business in any jurisdiction relating to the submitting entity, any officer, director, partner or member thereof, any affiliate or any related entity, including subcontractors that may be assigned to this contract.

f) A list of all actions occurring within the last five years that have resulted in the barring from public bidding relating to the Bidder, an officer, director, partner or member thereof, any affiliate or any related entity, including subcontractors that may be assigned to this contract.

g) A list of all bankruptcy and other similar proceedings within the past five years relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related entity, including subcontractors that may be assigned to this contract.

h) A list in detail, of any situation in which the Bidder/Plan Administrator’s Bidder (either alone or as part of a joint venture), or a subsidiary of the Bidder/Plan Administrator’s Bidder, defaulted or was deemed to be in noncompliance of any contractual obligations, explaining the situation, its outcome and all other relevant facts associated with the event described.

i) Describe any present facts known to the Bidder/Plan Administrator that might reasonably be expected to affect adversely either its ability to perform any aspect of a consulting agreement or the viability of any affiliated entity that might reasonably be expected to supply financial support.

j) Describe any potential liabilities that may be incurred by customers, CTR, State Agencies or the Bidder/Plan Administrator, and the internal controls and other measures in place to mitigate these potential liabilities.

A-6. ANSWER:

A-7. Identify what penalties or liquidated damage terms are in place for other customers for delays, mistakes, or other failures in performance? Stating that terms in client contracts are confidential is an inadequate response. It is possible to identify terms without identifying clients. In addition to any actual damages for non-performance or security breaches, the Commonwealth will also consider implementing liquidated damages for penalties for non-compliance, losses etc. and prefers to consider terms already in place in other Bidder contracts or terms acceptable to Bidders.

A-7. ANSWER:

A-8. Confirm that if selected for final contract negotiation and execution the Bidder/Plan Administrator must be willing to execute the Standard Contract Form no later than the end of the contract negotiation period in the RFR calendar and have at a minimum the MBTA pass portion of the Commuter Benefits Program in place by early March 2010.

A-8. ANSWER:

A-9. SOMWBA Certified Minority Women Business Entity. Identify if the Bidder/Plan Administrator is a SOMWBA certified entity, or what efforts the Bidder/Plan Administrator will make during the Contract to promote the goals of Executive Order 390 - Affirmative Market Program - Minority Women and Business Enterprises.

Massachusetts Executive Order 390 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs). As a result, M/WBEs are strongly encouraged to submit responses to this RFR, either as prime vendors, as joint venture partners, or as subcontractors.

Non-M/WBE Bidder/Plan Administrators are strongly encouraged to develop creative initiatives to help foster new business relationships with M/WBEs within the primary industries affected by this RFR. The highest number of points will be awarded for responses that clearly illustrate how the proposed business relationship(s) will result in the development and growth of M/WBEs within these primary industries. A lesser number of points will be awarded for traditional subcontracting relationships with SOMWBA certified subcontractors. The least number of points will be awarded for ancillary uses of M/WBEs by the contractor.

In order to satisfy this section, SOMWBA certified Bidder/Plan Administrators must submit their SOMWBA certification. Non-SOMWBA certified Bidder/Plan Administrators must submit the names, addresses, phone numbers and contact persons of each M/WBE Bidder; a description of each business relationship to be established; and the actual dollar amounts, or percentages, to be awarded to each M/WBE Bidder. MBE and WBE Bidders must submit a copy of their SOMWBA certification letter for the current period. A directory of SOMWBA certified Bidders is available via the Internet at www.state.ma.us/somwba.\.

A Minority Business Enterprise (MBE) or a Woman Business Enterprise (WBE) is defined as a business that has been certified as such by the State Office of Minority and Women Business Assistance (SOMWBA). Minority and women-owned Bidders that are not currently SOMWBA-certified but would like to be considered as an M/WBE for this RFR should apply for certification. A fast track application is available, and will be considered for the purposes of this RFR. For further information on SOMWBA certification contact the State Office of Minority and Women Business Assistance at (617) 727-8692 or via the Internet at www.state.ma.us/somwba.\

A-9. ANSWER:

A-10 RESPONSE CERTIFICATION: By signing in the space provided below, the Bidder/Plan Administrator through its Authorized Representative certifies that the Response will remain in effect for a period of 180 days from the submission deadline and thereafter until either the Bidder/Plan Administrator withdraws it, a Contract is executed, or the procurement is canceled, whichever occurs first, and that this Response is being submitted in good faith and without any collusion or fraud, and that the information provided is accurately represented and that the Bidder/Plan Administrator is ready, willing and able to perform the work required as specified in any resulting contract on schedule and that by submission of Response will be considered the Bidder/Plan Administrator’s acceptance that all terms shall be subject to the Commonwealth Contract Forms identified in this RFR.

A-10. ANSWER:

Authorized Representative Certification Signature:

Date:

Bidder/Company Title:

Telephone (Mobile or phone with greatest accessibility):

Office phone:

Email Address:

Office Fax:

RFR RESPONSE PART B – MINIMUM QUALIFICATIONS

BIDDER/PLAN ADMINISTRATOR QUALIFICATIONS

B-1. LIST OF MINIMUM QUALIFICATIONS. The following Minimum Qualifications listed below identified in the RFR are listed in this section. Bidders will be required to demonstrate the ability to meet these minimum qualifications as well as identifying responses to other questions concerning the Program services.

1. The Bidder/Plan Administrator must demonstrate the ability to implement and administer the State Employee Commuter Benefits program, a qualified transportation fringe benefits (QTB) plan authorized by Internal Revenue Code Section 132 and have the Program operational and up and running no later than early March 2010. At a minimum, the Bidder/Plan Administrator must demonstrate the ability to have MBTA pass qualified transportation benefits operational first and then phase in additional transportation benefits to state employees to ensure little or no disruption of the current MBTA pass program.

2. Qualified Contractors must be able to administer Transit and Parking and other qualified transportation benefits to provide for the greatest pre-tax or tax exemption basis and at the least cost to employees, and perform all program management and administration, including, but not limited to plan design, enrollment, claim processing and payment, reporting and communications, administration, reconciliation and full-service participant service. The Bidder/Plan Administrator will be fully responsible for monitoring changes in state and federal tax laws, rulings and bulletins and advising CTR on relevant compliance issues.

3. The Bidder/Plan Administrator must demonstrate a minimum of five (5) years experience of Administering a state-of-the-art, industry standard, Qualified Transportation Commuter Benefits Program (fully in compliance with all state and federal laws and regulations including section 132(f) of the Internal Revenue Code) to other state or federal government or entities of similar size and similar diversified commuter needs in a large metropolitan area as well as statewide, which is funded solely by employee fees and is not subsidized in whole or in part by the employer. The ability to provide the benefits to employees residing in other states in metropolitan areas (such as Washington D.C.) is preferred.

4. The Bidder/Plan Administrator must not allow the participant to obtain blank checks or negotiate checks against the employees’ account or otherwise obtain cash value or other conversion that would not qualify as authorized Commuter Benefits under the Program, or any other value other than the allowable transportation benefit under the program.

5. Bidder/Plan Administrator must demonstrate experience with and capability to manage the Massachusetts Online Corporate Pass Program on behalf of the Commonwealth (see https://corporateprogram.mbta.com/WebUI/public/default.aspx?ReturnUrl=%2fWebUI%2fDefault.aspx) and the ability to support payments to or reimbursements for Regional Transit Authorities, parking lots at public transit locations and public transit options.

6. The Bidder/Plan Administrator must agree to a robust Customer Service Program for both participants and agency payroll staff, and that the Customer service and call center(s) and employees are located in the United States and will remain in the United States for the duration of this contract including extensions. The Bidder/Plan Administrator must agree to deal directly with participants regarding commuter benefits, designate a claim processing team to manage enrollment, changes in status and benefit selection, resolution of disputes, reimbursements, reporting and reconciliations assuring that all transactions and activity are compliant with state and federal laws and regulations.

7. The Bidder/Plan Administrator must attest that it has no plans to dissolve these program offerings for the anticipated term of the resulting contract and agree that the fee structure will be locked in for the term of the initial contract, and notify CTR at least 60 days in advance of changes affecting participants and that no changes can be made to the scope of work without prior approval of the Commonwealth.

8. The Bidder/Plan Administrator shall develop and distribute all plan materials for the purpose of open enrollment and ongoing participation (subject to CTR review and approval of the style and content), and if the Commuter Benefit Program is administered through the Web and/or IVR or telephone, enrollment and ongoing participation media must be ADA compliant.

9. The Bidder/Plan Administrator shall use the Department codes and employee IDs provided by the Commonwealth. The Program may not use SSN as a unique identifier (employee id should be used), nor expect SSN on remittance forms or other non-tax related documents.

10. The Bidder/Plan Administrator will be a holder of Commonwealth personal data under MGL c. 66A and/or personal information under MGL c. 93H and that for purposes of this work effort, electronic personal data and personal information includes data provided by the eligible entity to the Bidder/Plan Administrator which may physically reside at a location owned and/or controlled by the Commonwealth or Bidder/Plan Administrator, and that the Bidder/Plan Administrator will be fully responsible for ensuring the highest physical and electronic security and privacy for all program data, records, forms, participant information, and data processing operations, including a comprehensive disaster recovery plan to ensure the integrity of data and no disruption of services or benefits.

11. The Bidder/Plan Administrator Contract Administrator will be required to work directly with CTR on all administrative matters and provide quarterly reports to CTR of all activity under the Program, any issues, delays, complaints, or other incidents, how resolved and how long the issue or incident took to resolve, and must agree to retain and make the transaction log and all transactions, transfers, all financial activity by employee and all details off benefits for all participant under the Program available to CTR and any fraud or audit investigation unit or the Office of the Attorney General, for six (6) years from the date of termination of the contract, or in lieu of retention, provide this data electronically at the closeout of the contract.

12. The Bidder/Plan Administrator must segregate and insure individual participant accounts, if processing employee funds, and bear all liability for any losses resulting from errors or omissions including fraud and abuse on the part of the Contractor or its representatives or subcontractors, and shall be fully responsible for all costs to make employees and the Commonwealth whole for any losses, errors, mistakes or other damages.

BIDDER/PLAN ADMINISTRATOR QUALIFICATIONS

When completing the following sections, the Bidder must address all questions and provide all relevant information for the Bidder to be assessed on each section. Short, non-detailed information or references to other materials rather than full complete answers in each section will not receive full credit when scoring. As this document becomes the statement of work specifications and will include all relevant terms and conditions (and a separate performance document will not be negotiated) all relevant information and specifications must be included. Withholding relevant or critical information may subject the Bidder to rejection from selection or early termination of the Contract for cause if awarded the Program Administration of the State Employee Commuter Benefits Program.

B-2. BIDDER PROFILE

a) State whether the Bidder is local, national, or international and the total number of employees.

b) State the location of the office(s) from which the work is to be managed as well as the location from which the work will be performed and the total staff available that will be assigned to this contract.

c) State the types of work performed by the office and the percentage of effort devoted to each type.

d) Identify any work locations where performance will be maintained or staff will be working on the contract which are not located within the United States.

B-2. ANSWER:

a) b) c) d)

B-3. QUALIFICATIONS – KEY PERSONNEL ASSIGNED TO CONTRACT. Key personnel designated or assigned to the Commuter Benefits Program engagement must perform as designated in the absence of termination from the Bidder or other unavoidable circumstances. Bidders submitting a response to this RFR shall be considered to have accepted this condition. During the period of the Contract, key personnel assigned to the performance of the Contract services may be removed or replaced by the Contractor only upon the prior written approval of CTR. A significant change in the key personnel listed in the Response prior to, or after, the execution of the Contract, which is unsatisfactory to CTR shall be grounds for disqualification of the Response or termination of the Contract. In the spaces provided below, list the key personnel who will be assigned to this project and identify the required information for each individual. Do not refer to resumes. All relevant information must be contained in the space provided below.

The Contract Manager will be the single point of contact and must be an authorized representative of the Bidder/Plan Administrator responsible for all contract related issues. The Contract Manager listed below shall be the same Contract Manager listed in the Standard Contract Form executed by the parties for the Commuter Benefits Program. Email notice to the Contract Manager to the e-mail listed in the contract shall be considered legal notice under the contract for all purposes. Changes to the Contract Manager must be approved in writing by CTR prior to any change, and the individual must be at an equal or greater level of qualifications or experience than the individual being replaced. CTR will have the right to reject an individual in the Contract Manager position who is not sufficiently qualified or does not have signatory authorization to manage the contract.

The Primary Commuter Benefits Program Coordinator shall be a single point of contact for all day-to-day operational issues, technical issues, reporting issues and questions from CTR and state agency Payroll Directors. The Primary Commuter Benefits Program Coordinator (and members of the account team) must respond to CTR staff within 24 hours, be available to meet for quarterly service meetings and for additional meetings, as needed. CTR must receive advance written notice of any changes to the Bidder/Plan Administrator’s key account service staff. The Contract Manager and the Primary Commuter Benefits Program Coordinator may be the same individual.

DO NOT INCLUDE SUBCONTRACTORS IN SECTIONS B-3 or B–4.

List all subcontractors in section B-5.

B-3. ANSWER:

CONTRACT MANAGER NAME:

Bidder/Company Title:

Telephone (Mobile or phone with greatest accessibility):

Office phone:

Email Address:

Office Fax:

List the qualifications and experience that demonstrate this individual is capable of performing this role. Then identify the specific contract services to be performed by this individual and include the percentage of time devoted to the Contract or the number of hours anticipated to be performed for each specific service.

Identify the person, whose primary responsibility will be to coordinate enrollment activities, including supervision and training of enrollment representatives, if applicable. Include their position, qualifications, experience, and location (local or home office). Describe how enrollment responsibilities will be coordinated between the home and local office staff, if applicable.

PRIMARY COMMUTER BENEFITS PROGRAM COORDINATOR NAME:

Bidder/Company Title:

Telephone (Mobile or phone with greatest accessibility):

Office phone:

Email Address:

List the qualifications and experience that demonstrate this individual is capable of performing this role. Then identify the specific contract services to be performed by this individual and include the percentage of time devoted to the Contract or the number of hours anticipated to be performed for each specific service.

ADMINISTRATOR IT LIAISON (who will work with the Commonwealth to coordinate and support any technology or system issues and ensure the program is operational 24/7 with little or no downtime)

Individual Name:

Bidder/Company Title:

Telephone (Mobile or phone with greatest accessibility):

Office phone:

Email Address:

List the qualifications and experience that demonstrate this individual is capable of performing this role. Then identify the specific contract services to be performed by this individual and include the percentage of time devoted to the Contract or the number of hours anticipated to be performed for each specific service.

Individual Name:

Bidder/Company Title:

Telephone (Mobile or phone with greatest accessibility):

Office phone:

Email Address:

List the qualifications and experience that demonstrate this individual is capable of performing this role. Then identify the specific contract services to be performed by this individual and include the percentage of time devoted to the Contract or the number of hours anticipated to be performed for each specific service.

B-4. Identify other specialists or individuals within the Bidder who will be assigned to this contract, the functions they will perform.

B-4. ANSWER:

Individual Name:

Bidder/Company Title:

Telephone (Mobile or phone with greatest accessibility):

Office phone

Email Address:

Office Fax:

List the qualifications and experience that demonstrate this individual is capable of performing this role. Then identify the specific contract services to be performed by this individual and include the percentage of time devoted to the Contract or the number of hours anticipated to be performed for each specific service.

Individual Name:

Bidder/Company Title:

Telephone (Mobile or phone with greatest accessibility):

Office phone

Email Address:

List the qualifications and experience that demonstrate this individual is capable of performing this role. Then identify the specific contract services to be performed by this individual and include the percentage of time devoted to the Contract or the number of hours anticipated to be performed for each specific service.

B-5. SUBCONTRACTORS. It is presumed that the selected Bidder/Plan Administrator will be responsible for and perform all the duties and requirements of the Commuter Benefits Program. In this section, the Bidder/Plan Administrator must identify any subcontractors that will or may be used to conduct any of the work described in this RFR, including the names of subcontractors, summaries of their qualifications, experience and duties and responsibilities for performance. The Bidder/Plan Administrator will remain the sole point of contact and will be responsible for all performance under the contract and may not assign responsibility for any performance under this Contract. Bidder/Plan Administrators may not require the Commonwealth to deal directly with or execute separate contracts or other agreements with any subcontractors. All contract terms contained in this contract must be also included in a subcontract with any subcontractor assigned to this contract, and the Bidder/Plan Administrator shall be responsible and liable for all performance or nonperformance by a subcontractor assigned to this contract. Bidder/Plan Administrators may be dropped from the Contract if qualified under the Contract due to subcontracted relationships and these subcontracts substantially change.

B-5. ANSWER:

Subcontractor Legal Name:

List the qualifications and experience that demonstrate this subcontractor is capable of performing this role. Then identify the specific contract performance under the contract and why this subcontractor is necessary for performance:

Subcontractor Legal Name:

List the qualifications and experience that demonstrate this subcontractor is capable of performing this role. Then identify the specific contract performance under the contract and why this subcontractor is necessary for performance:

Subcontractor Legal Name:

List the qualifications and experience that demonstrate this subcontractor is capable of performing this role. Then identify the specific contract performance under the contract and why this subcontractor is necessary for performance:

Subcontractor Legal Name:

List the qualifications and experience that demonstrate this subcontractor is capable of performing this role. Then identify the specific contract performance under the contract and why this subcontractor is necessary for performance:

B-6. REFERENCES, CONTACTING VENDOR REFERENCES AND CONDUCTING SITE VISITS: The Response must include three (3) references for the most relevant, comparable performance to the RFR. At least one Reference must be from another governmental entity or comparable entity with the same or similar Commuter Benefits Program. CTR reserves the right to verify references included in the Response and to conduct other reference, financial or other independent checks as deemed appropriate. By submitting a Response in response to this RFR, the bidder grants written authorization for CTR to contact any of the Bidder’s clients or listed references, and may request a Bidder site visit (on-site or virtual) as requested.

B-6. ANSWER:

Reference name:

Title and Firm:

Phone:

Internet address:

Description and date(s) of services provided:

Reference name:

Phone:

Reference name:

Phone:

Fax:

Reference name:

Phone:

Fax:

Reference name:

Phone:

Fax:

Reference name:

Phone:

Fax:

B-7. OVERALL QUALIFICATIONS. This section should outline the overall qualifications and experience relevant to the administration of Commuter Benefits Programs.

a) Describe the Bidder’s ability to meet the minimum requirement B-1. #1 to administer the State Employee Commuter Benefits program, a qualified transportation fringe benefits (QTB) plan authorized by Internal Revenue Code Section 132 and have the Program operational and up and running no later than early March 2010, and at a minimum, demonstrate the ability to have MBTA pass qualified transportation benefits operational first and then phase in additional transportation benefits to state employees to ensure little or no disruption of the current MBTA pass program. . Include the Bidder/Plan Administrator's overall experience and qualifications to administer qualified transportation benefit programs, the number and type (governmental or private) of clients, the total number of eligible employees, and the total number of actual participants that your company currently serves.

b) List relevant work performed within the last five years, the scope of the work and for whom the work was performed. Discuss how the performance of prior similar projects will enhance performance of Commuter Benefits Program for Commonwealth state employees. Identify those clients who are large employers with multiple payroll processing centers and all contracts to administer government Commuter Benefits programs within the last five years and a contact person and contact information for each. Describe the ability to provide the benefits to employees residing in other states in metropolitan areas (such as Washington D.C.) is preferred.

c) It is presumed that the Bidder/Plan Administrator will operate the Commuter Benefits Program in compliance with all state and federal laws including tax laws. Describe how the Bidder/Plan Administrator will maintain and be able to verify to CTR the ongoing legal compliance of the Commuter Benefits Program.

d) Describe what legal and technical support will be available to CTR for advice and consultation as needed for program administration. Describe any other qualifications or experience relevant to demonstrate the Bidder/Plan Administrator’s ability and capacity to implement the Commuter Benefits Program by early March 2010, and to manage and administer the Commonwealth Commuter Benefits Program for the duration of the contract.

e) Describe in detail why the Commuter Benefits Program offers the best value to both the Commonwealth and employees.

B-7. ANSWER:

SECURITY, COMPLIANCE AND PRIVACY.

B-8. The Bidder/Plan Administrator will be considered a holder of Commonwealth personal data under M.G.L. c. 66A and/or personal information under MGL c. 93H and M.G.L. c. 93I . For purposes of this contract, electronic personal data and personal information includes data provided by the Commonwealth to the Bidder/Plan Administrator which may physically reside at a location owned and/or controlled http://www.mass.gov/legis/laws/mgl/gl-93h-toc.htm by the Commonwealth or Bidder/Plan Administrator.

a) Provide detailed information about the hardware and software that will be used to administer the program including enrollment processing, payroll processing, reimbursements/claims administration, and bank account reconciliation (if applicable).

b) Describe in detail the measures used to protect the security and privacy of program data, records, forms, participant information, and data processing operations. Include information about the physical security measures used to control access to systems and the internal controls that are in place to reduce losses that may occur through fraud, negligence, incompetence, or system or other errors.

c) Describe the maximum feasible safeguards the Bidder/Plan Administrator will implement the minimum requirement B-1. #10 to keep all customer information, including account information, secured in a manner which will ensure the security, confidentiality and integrity of electronic personal data and personal information during all stages of the commuter benefits program, including activation, enrollment, benefit changes and termination to prevent unauthorized access or interception and manipulation of data during transmission to and from any servers of electronic personal data or personal information or any other Commonwealth Data from any public or private network or from customers; will ensure that participant information including participant account information created as a result of this RFR will remain confidential and will never be sold or otherwise shared with any other entity not associated with the Contract or for any purpose other than the implementation of the Contract, unless required by law, and ensure that participant account or other information will not be used to solicit other business and will be kept confidential.

d) Describe the maximum feasible safeguards the Bidder/Plan Administrator will implement to prevent on-site unauthorized physical access to any information technology resources involved in the Bidder/Plan Administrator’s performance and how access to the data regarding customer information and customer accounts will be restricted to those individuals whose access is essential to the administration of the program and how the Bidder/Plan Administrator will document that each individual with access to customer information, including account information has been thoroughly trained regarding the unique state requirements for confidentiality and what confidentiality agreements have been executed before access to this information is permitted.

e) Describe the maximum feasible safeguards the Bidder/Plan Administrator will implement to monitor the use of the data by individuals with access to customer information, including account information to ensure that such information is being used for purposes consistent with the administration of this Program.

f) Describe the maximum feasible safeguards the Bidder/Plan Administrator will implement to notify participants and CTR immediately if any breach of such system or of the security, confidentiality, or integrity of electronic personal data or personal information occurs and assistance the Bidder/Plan Administrator will provide to the customer in the event his/her individual account information is compromised.

g) Describe the maximum feasible safeguards the Bidder/Plan Administrator will implement for fraud detection, prevention and recapture of funds and liability issues, including procedures for preventing identity theft and responding to fraudulent activities and procedures for resolving and prosecuting fraud, including the timeframes and methods of notifications to the State Agency and information that will be provided. Describe how the program will prevent fraudulent use of cards, sale of cards on Internet such as EBay (see http://www.gao.gov/new.items/d07724t.pdf) and what internal controls will be in place to prevent fraud, abuse or misuse of commuter benefits.

h) Describe how the Bidder/Plan Administrator will meet all “Regulation E” requirements, including those that apply specifically to government programs if triggered by the types of services available under the Program, and how sub-contractors who are otherwise responsible for Regulation E are also responsible for Regulation E in relation to this contract.

i) Describe the Bidder/Plan Administrator compliance with Payment Card Industry Data Security Standard (PCI DSS) compliance requirements.

j) Describe how the Bidder/Plan Administrator plans to provide copies of any requested transaction logs to a state agency, CTR or the Office of the Attorney General following a written request.

B-8. ANSWER:

PARTICIPANT ENROLLMENT

B-9. Describe in detail the enrollment process for employees.

a) Describe how the Bidder/Plan Administrator plans to meet the minimum requirement B-1. #8 to develop and distribute all plan materials for the purpose of open enrollment and ongoing participation (subject to CTR review and approval of the style and content), and if the Commuter Benefit Program is administered through the Web and/or IVR or telephone, that enrollment and ongoing participation media will be ADA compliant. Provide examples of materials such as brochures, forms, video presentations, posters, internet sites, e-mail messages, etc., that may be used to communicate program information to ensure that all eligible employees are aware of and understand the programs. In lieu of paper copies, you may provide links to on-line electronic copies of informational materials. Provide the evaluation committee with access to a demonstration site that illustrates the capabilities of your Program, and IVR system, if available.

b) Describe the enrollment information that will be made available to employees. Will a site be developed specifically for the Commonwealth of Massachusetts plan? Will participants' personal account information be available to program participants?

c) Describe how the Bidder/Plan Administrator plans to meet the minimum requirement B-1. #9 that the Bidder/Plan Administrator shall use the Department codes and employee IDs provided by the Commonwealth and that the Program may not use SSN as a unique identifier (employee id should be used), nor expect SSN on remittance forms or other non-tax related documents.

d) Describe how the Bidder/Plan Administrator will test and process enrollment data in their own systems and coordinate all technical issues with the managers of the payroll systems involved in the Programs (if payroll systems feeds will be involved in the Program).

e) Describe whether the Bidder/Plan Administrator can receive and send account set-up information and credits via a secure electronic file transfer with CTR, whether there is an automated procedure for an electronically secure data connection to accept participant account information on a daily basis (e.g. new accounts, updates), requiring no manual entry of data via the web by CTR, or employee’s state agency payroll department, and whether the Bidder/Plan Administrator is able to provide account information to CTR or employee’s state agency payroll department via secure web services during normal business hours.

f) Describe whether the Commuter Benefits Program will have a customized and secure web-portal for participants to download forms and other documents, to re-enroll online during open enrollment that allows participants to check their account balance(s), deposits and account claim total(s), and how often the website is updated.

g) Describe the protocols for the Bidder/Plan Administrator IT liaison to work with the Commonwealth to coordinate and support any technology or system issues and ensure the program is operational 24/7 with little or no downtime.

h) Describe whether the Bidder/Plan Administrator can provide a toll-free number for all CTR account team members, whether the Bidder/Plan Administrator can create a dedicated e-mail address for state agency Payroll departments to use to contact the Bidder/Plan Administrator regarding plan/participant issues and whether the Bidder/Plan Administrator can respond to state agency payroll department issues within 24 hours (Monday through Friday).

i) Describe the method(s) to be used for making corrections to settlement errors, including but not limited to funds transfer rejects due to transmission failures, insufficient funds, or incorrect account information, and Settlement errors due to duplicate transfers, incorrect amounts, or incorrect account information. Describe the procedures for maintaining audit trails throughout the settlement processes.

B-9. ANSWER:

CUSTOMER/PARTICIPANT SERVICE

B-10. Describe in detail how the Bidder/Plan Administrator will comply with the minimum requirement B-1. #6 to provide a robust Customer Service Program for both participants and agency payroll staff; that the Customer service and call center(s) and employees are located in the United States and will remain in the United States for the duration of this contract including extensions; that the Bidder/Plan Administrator deal directly with participants regarding commuter benefits, designate a claim processing team to manage enrollment, changes in status and benefit selection, resolution of disputes, reimbursements, reporting and reconciliations assuring that all transactions and activity are compliant with state and federal laws and regulations.

B-10. ANSWER:

B-11. ENROLLMENT QUESTIONS, INQUIRIES, STANDARD PROTOCOLS

a) Describe in detail, the procedures for responding to inquiries, from receipt of a question by telephone, e-mail, FAX, or letter to complete resolution.

b) Describe the investigation and resolution process for both normal inquiries and for complaints, the normal turn-around time for replies, and the process for resolving disputed transactions reported by the customer.

c) Can the Bidder/Plan Administrator provide designated state agency staff with the ability to conduct real-time call monitoring of…