REQUEST FOR PROPOSALS (RFP)

NO. 21-02

Administration of Health Reimbursement Arrangement (HRA) Flexible Spending Account (FSA) and Continuation of Benefits

(COBRA)

RFP No. 21-02 Page 1 of 39

REQUEST FOR PROPOSALS (RFP) NO. 21-02

Administration of Health Reimbursement Arrangement (HRA)

PROPOSED RFP TIMELINE

RFP Posted February 26, 2021

Questions Submission Deadline March 8, 2021

Answers Posted March 11, 2021

Proposal Submission Deadline March 18, 2021

Oral Presentations and/or Proposer

Interviews March 26, 2021

Notice of Intended Award March 30, 2021

Board Date for Approval April 14, 2021

Effective Contract Date May 1, 2021

NOTE: All dates are subject to change at the sole discretion of the Los Angeles Community

College District

RFP No. 21-02 Page 1 of 39

Table of Contents –

Administration of Health Reimbursement Arrangement (HRA)

1. INTRODUCTION

1.1 Purpose and Scope of RFP

1.2 About the District

1.3 Scope of Services

1.3.1 Health Reimbursement Arrangement (HRA) Administration Requirements

1.3.2 Flexible Spending Account (FSA) Administration

1.3.3 Continuation of Benefits (COBRA) Administration

1.3.4 AB 528 (California Education Code 7000) Administration

1.3.5 Invoicing

1.3.6 Web Application Online Open Enrollment

1.3.7 Customer Service

1.3.8 Records Retention

2. GENERAL INFORMATION

3. PROPOSAL FORMAT AND CONTENT

4. PROPOSAL EVALUATION AND CONTRACT AWARD

EXHIBIT A – NON-COLLUSION AFFIDAVIT

EXHIBIT B- CERTIFICATION OF NON-DISCRIMINATION

EXHIBIT C – CONFIDENTIALITY AGREEMENT

EXHIBIT D – ACKNOWLEGEMENT OF ADDENDA

EXHIBIT E – EXCEPTIONS AND DEVIATIONS

EXHIBIT F - SAMPLE FORM AGREEMENT

EXHIBIT G – SLEDV CERTIFICATION

APPENDIX A – PROPOSED FEES

RFP No. 21-02 Page 2 of 39

1. INTRODUCTION

1.1 Purpose and Scope of RFP

The purpose of this Request for Proposals (RFP) is to solicit offers from qualified service professionals to provide: (1) Administration of the Los Angeles Community College

District’s (“LACCD”, “District”) Health Reimbursement Arrangement (HRA) services for its employees; (2) The Administration of the District’s Flexible Spending Account (FSA);

and (3) Administration and reconciliation of Continuation of Benefits (COBRA) program and California Assembly Bill (AB) 528 program (California Education Code 7000) benefits.

As discussed below in Section 1.3, Scope of Services, proposers shall provide a separate cost proposal for HRA, FSA and COBRA/AB 528 (Ed. Code Section 7000) services. The District reserves the sole right to make a single award for all programs, multiple awards for different programs listed, or to combine any programs and make or refuse to make any award.

The LACCD welcomes a diverse pool of proposers to respond to the Request For Proposal as outlined below. This includes those firms that have received LGBTQIA certification by recognized municipal agencies.

1.2 About the District

The Los Angeles Community College District (“District”) was organized in 1969 and is governed by an elected Board of Trustees and is part of the statewide California Community

College system. Members of the Board of Trustees are elected at large to serve four-year terms. The District is the largest community college district in California and one of the largest in the nation. More background information can be found about the District online at www.laccd.edu.

The District serves a population of several million residents in southern California within an area of nearly 900 square miles of metropolitan Los Angeles and the County of Los Angeles that includes more than 30 incorporated cities unincorporated communities. The District extends from Agoura Hills in the western part of the San Fernando Valley to the City of San

Fernando in the northeast. The service area includes Culver City on the western side of the greater Los Angeles basin, Monterey Park and San Gabriel on the east side as well as Palos

Verdes Estates and San Pedro to the south.

In keeping with its mission, the District provides about 230,000 full and part-time students each year with comprehensive lower-division general education, career and technical education, transfer education, credit and non-credit instructional programs geared to meet the needs of the communities its colleges serve and which meet the changing needs of students for academic and career preparation, civic engagement, and lifelong learning. The District

RFP No. 21-02 Page 3 of 39 has nine fully accredited colleges: East Los Angeles College, Los Angeles City College, Los

Angeles Harbor College, Los Angeles Mission College, Los Angeles Southwest College, Los

Angeles Trade-Technical College, Los Angeles Valley College, Los Angeles Pierce College, and West Los Angeles College. The physical footprint of colleges ranges in size from twenty-two acres (Los Angeles Trade Tech College) to over four hundred fifty acres (Los Angeles

Pierce College). Within the District, taxpayer approved bond programs have helped provide new and upgraded facilities at District sites and the nine colleges, including, among other projects, newly constructed classroom and instructional laboratory buildings, learning resource centers (libraries with specialized learning/tutoring centers) as well as original instructional buildings, parking structures, maintenance yards, athletic fields and gymnasiums.

Student demographics of largest enrollment include more than 58.6 percent who identify as

Hispanic/Latinx; 14.9 percent as White; 8.8 percent as African American, 6.5 percent as

Asian. In the 2019-20 Academic Year, the District conferred nearly 30,000 awards to students, including two-year degrees, degrees for transfer and certificates. The District maintains an active free-tuition program available to all first-time, full-time students, regardless of age, race/ethnicity or demographic background. More than 10,000 students are currently part of the Los Angeles College Promise Program. In addition, the District's 2020-

2021 budget totaled $5.6 billion. This amount included $3.9 billion of Proposition A, AA, and Measures J and CC Bonds in the Building Fund.

LACCD currently provides health benefits to approximately 4,500 employees and 3,000 retirees and survivors and pays the costs of these benefits as they occur, rather than prefunding them. Prescription drug benefits are provided to both active employees and retirees under insured preferred provider and health maintenance organization medical plans.

In January 2010, the District replaced its directly sponsored medical plans – at the time, comprising Kaiser Permanente, Blue Shield HMO, and Blue Shield PPO – with medical plans sponsored by the California Public Employees’ Retirement System (CalPERS).

In addition, the District agreed to provide eligible employees with an Health

Reimbursement Arrangement (HRA) account. The HRA account is a negotiated benefit that will continue until at least July 1, 2023, and is subject to renewal. Existing balances for all prior years will continue to be available and require ongoing HRA Third Party

Administration. The District intends for employees to use the HRA provisions for all applicable medical and health-related expenditures, up to the full dollar amount provided, before the employee can set-up and use a Flexible Spending Account (FSA) for such purposes.

As mentioned above, the District offers its employees an FSA account. An FSA plan permits employees to contribute, on a pre-tax basis, a portion of their monthly salaries to

RFP No. 21-02 Page 4 of 39 temporary accounts. The employees can later draw funds from these accounts to reimburse their expenses for health care and dependent care, thereby enabling the employees to pay such expenses with pre-tax dollars. An employee will not be permitted to use funds from their FSA plan until all funds provided by the District for his or her HRA account, including prior years’ balances, are fully expended for authorized medical and health-related purposes.

Finally, the District is required to administer COBRA services including preparing and mailing general notices to inform newly hired employees and their dependents of their rights in the event of loss of dental and vision coverage. Additionally, California Assembly

Bill 528 provides Faculty, Adjunct Faculty and their spouses the right to purchase District medical and dental benefits once retired from the public retirement system.

The District’s benefit year is on a calendar year basis; January 1 to December 31 of each year. Open Enrollment is held during September through October of each year for benefits beginning on the following January 1. However, the District follows a fiscal year for budgeting and invoice payments, with the Fiscal Year established from July 1 to June 30th of each year.

1.3 Scope of Services

The Los Angeles Community College District is seeking a qualified firm to administer the following services for its Health Reimbursement Arrangement (HRA), Flexible Spending

Account (FSA), Continuation of Benefits (COBRA) / Assembly Bill 528 (AB-528) requirements as described below.

It is the District’s intent for its employees to use the District’s HRA provisions for all applicable medical and health-related expenditures, up to the full dollar amount provided by the District, before the employee is allowed to use a Flexible Spending

Account (FSA) for such purposes. An employee will not be permitted to use an FSA plan until all funds provided by the District for his or her HRA account are fully expended for authorized medical and health-related purposes.

The scope of services includes the firm administering all COBRA services including preparing and mailing general notices to inform newly hired employees and their dependents of their rights in the event of loss of dental and vision coverage. In addition, the District assumes COBRA administrative responsibilities for qualified beneficiaries

(QB’s) already on COBRA. Scope of Services include providing QB’s customized premium payment statements with details of coverages and applicable rates, due dates for the plan year in effect. The District would require access to electronic report of activity, elections and terminations.

RFP No. 21-02 Page 5 of 39

Included in the scope of services is the administration of Assembly Bill 528 (California

Education Code 7000) for QB’s (Faculty, Adjunct Faculty and their spouses) the right to purchase District medical and dental benefits once retired from the public retirement system. Administration would include notification of their rights, premium collection and termination. The District would require access to the billing and eligibility system for those participating in the plan.

The firm selected would administer the reimbursement of Medicare premiums to retirees via a separate the HRA. Administration includes the ability for retirees to submit proof of

Medicare premiums, authoring of appropriate business rules and disbursement of refunds via the HRA mechanism.

Additionally, the firm selected would provide direct billing for items related to employees who are on a leave of absence and need to pay premiums to carriers for certain types of benefits (including, but not limited to dental, vision, voluntary life premiums, etc).

The District requires a monthly file that contains balances in employee accounts. The file should be in a CSV format, with employee details such as name, employee number or employee ID, and balances and delivered via a secure method that can be uploaded into our system that will enable us to add reminders related to FSA/HRA balances remaining to employee pay stubs. In addition, the District will require reports in similar formats for

COBRA and AB 528 plan management. Proposer shall also provide ad hoc reports requested from the District from time to time at no additional cost.

Subject to the discretion and determination by District’s Information Technology

Department data security requirements, information may be shared and transferred electronically, without additional cost to the District.

Proposers shall provide a proposal showing separate costs for a medical and health-related expenditures HRA, a Medicare reimbursement FSA, COBRA/AB 528 and Direct

Billing services.

1.3.1 Health Reimbursement Arrangement (HRA) Administration Requirements

Initial Set‐Up for MEDICAL AND HEALTH RELATED HRA Accounts

1. Update Eligibility list monthly for the HRA plan, and submit the annual eligibility data file electronically.

2. Provide an Open Enrollment process to take place by website or other electronic

RFP No. 21-02 Page 6 of 39 means.

3. Provide Open Enrollment literature informing employees of the enrollment process and providing a summary-level benefit description.

4. Provide communication to employees to confirm their enrollment prior to the Open

Enrollment cutoff date.

5. Proposer will provide to the District an electronic data file of all employees and retirees eligible for HRA enrollment by December 1 of each year.

6. Proposer will maintain employee enrollment data, and year-to-date expenditures.

Employer Account Funding

1. A debit card shall be provided to each employee for all applicable and authorized medical and health-related expenses. The employee may request a card for dependents.

2. Provide electronic access to the District’s Health Benefits Representatives to verify issuance of debit cards and account balances for all HRA accounts

3. Account funding will be made monthly by Electronic Funds Transfer (EFT) or

Automated Clearing House (ACH: direct deposits and debits).

4. Requests for account funding will consist of a statement/invoice which clearly displays:

a. an Invoice/Statement ID

b. the billing period in xx/xx/xxxx to xx/xx/xxxx format

c. the total dollar amount of claims that funding is being requested for the period:

d. bank name,

e. ABA number,

f. account number

5. This shall be accompanied by an Excel CSV formatted list of claims. The list of claims shall list each transaction with employee name and either full social security number or alternate ID (LACCD employee number), and identify each person as either an active employee or a retiree. The format of this report shall not be changed without first discussing with LACCD.

6. Payment made to the employee shall be by check or EFT.

Claims Payment Reporting to the District

1. Provide monthly to the District, a summary of claims payment reports to support eligible expenditures.

2. Provide to the District and to each employee, an annual report of total expenditures made by the employee.

3. Provide electronic access to employees to review contributions, expenditures, and remaining balances.

4. Allow employees to validate their claims immediately after an expense either online or by fax (do not require them to hold their documentation and submit only quarterly).

RFP No. 21-02 Page 7 of 39

Initial Set‐Up for MEDICARE Reimbursement HRA Accounts

1. Eligibility to be updated monthly for the HRA plan, and the annual eligibility data file submitted electronically

2. Open Enrollment process to take place by website or other electronic means.

3. Provide Open Enrollment literature informing employees of enrollment process and providing summary-level benefit description.

4. Proposer will provide to the District an electronic data file of retirees eligible for HRA enrollment by December 1 of each year.

5. Proposer will maintain employee enrollment data, and year-to-date expenditures.

1. Provide electronic access to the District’s Health Benefits Representatives to verify document uploads account balances for all HRA accounts.

2. Account funding will be made annually by Electronic Funds Transfer (EFT) or

Automated Clearing House (ACH: direct deposits and debits).

3. Requests for account funding will consist of a statement/invoice which clearly displays:

a. an Invoice/Statement Id

b. the billing period in xx/xx/xxxx to xx/xx/xxxx format

c. the total dollar amount of claims that funding is being requested for the period

d. bank name

e. American Bankers Association (ABA) routing number

f. account number

4. This shall be accompanied by an Excel CSV formatted list of claims. The list of claims shall list each transaction with employee name and either full social security number or alternate ID (LACCD employee number), and identify each person as either an active employee or a retiree. The format of this report shall not be changed without first discussing with LACCD.

5. Payment made to the employee shall be by check or EFT.

Claims Payment Reporting to the District

1. Provide biannually to the District, a summary of claims payment reports to support eligible expenditures.

2. Provide to the District and to each employee, an annual report of total reimbursements requested by the employee.

3. Provide electronic access to employees to review document uploads and reimbursements.

1.3.2 Flexible Spending Account (FSA) Administration

RFP No. 21-02 Page 8 of 39

Initial Set‐Up for FSA Accounts

1. Eligibility to be updated monthly for the FSA plan, and the annual eligibility data file submitted electronically.

2. Open Enrollment process to take place by website or other electronic means.

3. Provide Open Enrollment literature informing employees of enrollment process and providing a summary-level benefit description.

4. Provide communication to employees to confirm their enrollment prior to the Open

Enrollment cutoff date.

5. Proposer will provide to the District an electronic data file of all FSA enrollments by

December 1 of each year.

6. Proposer will maintain employee enrollment data, and year-to-date expenditures.

1. A debit card shall be provided to each employee for all applicable and authorized medical and health-related expenses.

2. Provide electronic access to the District’s Health Benefits Representatives to verify issuance of debit cards and account balances for all FSA accounts.

3. Account funding will be made monthly by Electronic Funds Transfer (EFT) or

Automated Clearing House (ACH: direct deposits and debits).

4. Payment made to the employee shall be by check or EFT.

Claims Reimbursement Reporting to the District

1. Allow submission of reimbursement claims by hard copy, fax, and electronically.

2. Provide monthly to the District, a summary of claims payment reports to support eligible expenditures.

3. Provide to the District and to each employee, an annual report of total expenditures made by the employee.

4. Provide electronic access to employees to review contributions, expenditures, and remaining balances.

5. Allow employees to validate their claims immediately after an expense either online or by fax (do not require them to hold their documentation and submit only quarterly).

RFP No. 21-02 Page 9 of 39

1.3.3 Continuation of Benefits (COBRA) Administration

Proposer shall be responsible for all account set-up, developing, drafting and releasing eligibility information, all work usual and customary for setting, managing, coordinating an account, and providing outreach, education/training, and customer service in a proactive and collegial manner to the District and its employees and eligible dependents.

Proposer shall provide all required reporting to the District, including all financial documentation and supporting materials. Proposer shall be required to work with the

District to set up financial reporting, tracking, and banking processes. Further, proposer shall be responsible for customer outreach, and assist and support the District as necessary and proper to fulfill the provision of COBRA administration whether or not specified within this RFP.

1.3.4 AB 528 (California Education Code 7000) Administration

Proposer shall be responsible for all account set-up, developing, drafting and releasing eligibility information, all work usual and customary for setting, managing, coordinating an account, and providing outreach, education/training, and customer service in a proactive and collegial manner to the District and its employees and eligible dependents.

Proposer shall provide all required reporting to the District, including all financial documentation and supporting materials. Proposer shall be required to work with the

District to set up financial reporting, tracking, and banking processes. Further, proposer shall be responsible for customer outreach, and in assisting and supporting the District as may be necessary and proper to fulfill provision of AB 528 whether or not specified within this RFP.

In addition, the firm will assume COBRA administrative responsibilities for Qualifying

Beneficiary’s (QBs) already on COBRA. Services should include providing QB’s customized premium payment statements with details of coverages and applicable rates, due dates for the plan year then in effect. The District would require access to electronic report of activity, elections, and terminations. The District may include the administration of Assembly Bill 528 (California Education Code 7000) for QB’s Administration would include notification of their rights, premium collection and termination. The District would require access to the billing and eligibility system for those participating in the plan.

In addition to the required services listed above, each Proposer should have the ability to comply with the following requirements related to Invoicing, Web Application, RFP No. 21-02 Page 10 of 39

Customer Service capabilities and Records Retention requirements.

1.3.5 Invoicing

1. Invoices for payment of services related to FSA to include claims/backup details included, but not necessarily limited to:

a. Participant names

b. Participant ID numbers (either whole social security numbers or alternate

ID numbers, such as LACCD employee numbers)

c. Service(s) rendered (per participant per month fee, run-out fee, for example)

d. Date of service

2. Per participant per month fees shall be a flat rate fee that includes debit cards, administration, welcome kits, etcetera (there shall not be additional per participant fees)

3. Terminology used on invoices shall exactly match those agreed upon within the final contract

1.3.6 Web Application Online Open Enrollment

1. Open enrollment will be for a period of four (4) weeks starting in September of each year.

2. The web application must be available twenty-four (24) hours a day, seven (7) days a week, except for routine maintenance.

1.3.7 Customer Service

Telephone.

A toll-free telephone number shall be provided for use by the District’s employees, from 8:00 a.m. to 5:00 p.m. Pacific time, Monday through Friday, to respond to inquiries regarding the status of an HRA and/or FSA account.

Interactive Voice Response (IVR)

Availability of obtaining account information by calling the IVR 24/7, seven (7) days per week, excluding routine maintenance or unforeseen/unforeseeable events. During regular telephone hours, HRA and FSA Plan participants may elect to exit the IVR and speak with a customer service representative.

RFP No. 21-02 Page 11 of 39

1.3.8 Records Retention

Maintenance of Records

The proposal must describe how separate records will be maintained with respect to the services specified herein for seven (7) calendar years following any year in which it performs services hereunder or, if longer, such period as provided under ERISA or other applicable law.

Inspection of Records

The proposal must describe the availability to the District to inspect, examine and copy records during normal business hours and upon reasonable notice from the successful

Proposer.

The selected firm would be required to work with the incumbent on the transition of the

LACCD account information.

RFP No. 21-02 Page 12 of 39

2. GENERAL INFORMATION

2.1 Proposal Submittal

The proposer shall submit to the District a printed original and six (6) copies of its proposal, together with one (1) copy on an USB drive containing an electronic version of the proposal in Microsoft Word format, no later than 2:00 p.m. PST, on

March 18, 2021. Proposals are to be enclosed in a sealed package plainly marked and displaying the proposer’s legal name and the words "Proposal Responding to

RFP No. 21-02: Administration of Health Reimbursement Arrangement

(HRA), Flexible Spending Account (FSA) and Continuation of Benefits

(COBRA).”

Mail or deliver proposals to:

Andrea Daniel, Procurement Specialist

Los Angeles Community College District

Business Services Division

770 Wilshire Boulevard – 6th Floor

Los Angeles, CA 90017-3719

Email: danielar2@laccd.edu

It is the sole responsibility of the proposer to ensure that the proposal is delivered on time. Any proposal received after the stated deadline, may, at the sole discretion of the District, be returned without consideration. It is the practice of LACCD not to consider late offers unless it is determined that a selection cannot be made from among the proposals received on time. LACCD shall not be responsible for, nor accept as a valid excuse for late proposal delivery, any delay in mail service, or other method of delivery used by the proposer. Proposals submitted via fax, telephone or e-mail will not be accepted. If hand- delivered, ample time should be allowed for delays caused by downtown Los Angeles traffic and parking.

LACCD does not provide parking accommodations to proposers submitting proposals.

All proposals must be firm offers subject to acceptance by LACCD and may not be withdrawn for a period of 90 calendar days following the last day to submit proposals. Proposals may not be amended once submitted to LACCD, except as permitted by LACCD.

mailto:danielar2@laccd.edu

RFP No. 21-02 Page 13 of 39

2.2 Questions from Proposers

Questions or comments regarding this RFP (except to inquire about the number of addendums issued) must be put in writing by email to Andrea Daniel at danielar2@laccd.edu on or before March 8, 2021 (the “Questions Submission

Deadline), with the subject, "Questions for RFP No. 21-02: Administration of

Health Reimbursement Arrangement (HRA), Flexible Spending Account

(FSA) and Continuation of Benefits (COBRA).”

Proposers are asked to submit all questions in writing by the question deadline.

LACCD shall not be obligated to answer any questions received after the above-specified deadline or submitted in a manner other than as instructed above.

Proposers are instructed not to contact District personnel or its agents in any other manner concerning this RFP. Unauthorized contact, at LACCD’s sole discretion, will be grounds for disqualification of a proposer. Written responses from the

District will be posted on the website:

http://www.laccd.edu/Departments/BusinessServices/Contract-

Services/Pages/Bids-And-Proposals.aspx

2.3 RFP Addenda/Clarifications

If it becomes necessary for LACCD to revise any part of this RFP, or to provide clarification or additional information after the proposal documents are released, written addenda will be posted at

Services/Pages/Bids-And-Proposals.aspx.

All addenda issued shall become part of the RFP, and bidders shall acknowledge, in writing, receipt and incorporation of all addenda and clarifications in their response.

Failure of the bidder to receive Addenda shall not relieve the bidder from any obligation under its bid as submitted. The Bidder shall identify and list in its bid all

Addenda received and included in its bid; failure to do so may be asserted by the

District as a basis for determining the bid non-responsive. All addenda issued shall become part of the RFP. Proposer’s acknowledgement of the addenda must be declared in the proposal. See EXHIBIT D

It shall be the responsibility of the proposers to check the website for addenda issued.

mailto:danielar2@laccd.edu http://www.laccd.edu/Departments/BusinessServices/Contract-Services/Pages/Bids-And-Proposals.aspx http://www.laccd.edu/Departments/BusinessServices/Contract-Services/Pages/Bids-And-Proposals.aspx http://www.laccd.edu/Departments/BusinessServices/Contract-Services/Pages/Bids-And-Proposals.aspx http://www.laccd.edu/Departments/BusinessServices/Contract-Services/Pages/Bids-And-Proposals.aspx

RFP No. 21-02 Page 14 of 39

2.4 Pre-Contractual Expenses

Pre-contractual expenses are defined as any expenses incurred by the proposer in:

(1) preparing its proposal in response to this RFP; (2) submitting that proposal to

LACCD; (3) negotiating with LACCD any matter related to this RFP, including a possible contract; or (4) engaging in any other activity prior to the effective date of award, if any, of a contract resulting from this RFP. LACCD shall not, under any circumstance, be liable for any pre-contractual expenses incurred by proposers.

2.5 No Commitment to Award

Issuance of this RFP and receipt of proposals does not commit LACCD to award a contract. LACCD expressly reserves the right to postpone proposal opening for its own convenience, accept or reject any or all proposals received in response to this

RFP, negotiate with more than one proposer concurrently, or to cancel all or part of this RFP.

2.6 Joint Offers

Joint proposals are not acceptable. Multiple firms may submit together as long as the structure is such that one firm acts as a prime and others act as subcontractors.

In this case, LACCD will execute a contract with the firm acting as the prime contractor. The District may designate a lead within the selected firm(s).

2.7 Proposed Contract

The Sample Form Agreement presented in EXHIBIT F (Professional Services

Agreement) of this RFP is the agreement proposed for execution with the successful proposer. It may be modified to incorporate other pertinent terms and conditions set forth in this RFP, including those added by addendum, and to reflect the proposer's offer or the outcome of contract negotiations, if any, conducted with the proposer.

Exceptions to the terms and conditions of the Sample Form Agreement, or the proposer's inability to comply with any of its provisions of the Sample Form

Agreement, must be declared in the proposal, as provided in the following Section

2.8, Exceptions and Deviations.

2.8 Exceptions/Deviations

Any exceptions to, deviations from, or inability to comply with the requirements set forth in this RFP, or the terms and conditions contained in the Sample Form

Agreement, must be declared in writing in EXHIBIT E within the proposal; failure to do so will prevent proposer from asserting its inability to comply with the terms

RFP No. 21-02 Page 15 of 39 or conditions later on. Such exceptions or deviations must be segregated as a separate element of the proposal under Exhibit E- "Exceptions and Deviations to

Sample Form Agreement." The District will make a good faith effort to consider contractual issues identified by vendors and LACCD requires all proposing vendors to similarly make a good faith effort to comply with the District’s sample agreement terms and conditions.

Proposals that mandate the use of vendor standard services contract, rather than utilizing the District’s standard services contract will result in that firm’s proposal being judged non-responsive and these proposals will be rejected. Proposals that reject the following integral provisions of the District's contract terms and conditions will be treated as a rejection of the District's contract and these proposals will be rejected.

Section 7 – Term of Agreement

Section 18 – Governing Law

Section 19 – Non-Discrimination

Section 22 – Board Authorization

Section 27 – Requirements for Federally-Funded Contracts

The proposer's attention is directed particularly to Section 15 in the Sample Form

Agreement, which specifies the minimum insurance requirements that must be met by the successful proposer(s). The proposer's inability or unwillingness to meet these requirements as a condition of award must be stated as an exception in the proposal.

2.9 Exemption from Disclosure.

Proposals will remain confidential in their entirety until the evaluation and analysis process is complete and a recommendation of an award has been submitted to the Los

Angeles Community College District, except for information declared at the proposal opening date. All proposals submitted will become the property of the Los Angeles

Community College District. The preparer must identify, in writing, all copyrighted material, trade secrets, or other proprietary information that the preparer claims are exempt from disclosure under the Public Records Act (California Government Code

Section 6250 et seq.). Any firm claiming such an exemption must also state in the bid that “the bidder agrees to indemnify and hold harmless the Los Angeles Community

College District, its Board of Trustees, and its officers, employees and agents, from any claims, liability, or damages against, and to defend any action brought against above said entities for their refusal to disclose such material, trade secrets, or other proprietary information by any party." Failure of a proposal to include such a statement will be deemed a waiver of any exemption from disclosure under the Public

Records Act. A blanket statement that all contents of the proposal are confidential or proprietary will not be honored by the District.

RFP No. 21-02 Page 16 of 39

2.10 Protests

Any proposer that has provided a sealed bid or proposal to the District may protest the solicitation or award of a contract for violations of LACCD’s procurement policies or of laws and regulations governing LACCD's procurement activities, provided the proposer has complied with PP-04-09, Bid Protest and Appeals.

http://www.laccd.edu/Departments/BusinessServices/Contract-

Services/Documents/04-09-bid-protest-and-appeal.pdf. The Annual Adjustment

Bid threshold for 2021 is $96,700.

In order to be considered, all protests must be in writing and filed with and received by LACCD, not more than five (5) business days following the date of issuance of the District’s Notice of Intent to Award with the contact below. The protest letter must state the basis for the protest and the remedy sought. Protests received by

LACCD after this date will be returned to the sender.

Director of Business Services

Los Angeles Community College District

770 Wilshire Blvd, 6th Floor

Los Angeles, CA 90017

Failure to timely file the proposal protest shall constitute grounds for the District to deny the proposal protest without further consideration of the grounds stated therein.

2.11 Term of Contract

The contract awarded through this RFP is expected to be effective for a five-year period from May 1, 2021 – April 20, 2024, with an optional two-year extension.

http://www.laccd.edu/Departments/BusinessServices/Contract-Services/Documents/04-09-bid-protest-and-appeal.pdf http://www.laccd.edu/Departments/BusinessServices/Contract-Services/Documents/04-09-bid-protest-and-appeal.pdf

RFP No. 21-02 Page 17 of 39

3. PROPOSAL FORMAT AND CONTENT

3.1 General

The proposal should provide a straightforward, concise description of the proposer’s ability to satisfy the requirements of this RFP. Emphasis should be placed on conformance to the RFP instructions, responsiveness to the RFP requirements, and completeness and clarity of content. This RFP and the successful proposal may become a part of any contract that is executed as a result of this RFP. Any proposal attachments, documents, letters and materials submitted by the proposer will be binding and may also be included as part of the contract.

3.2 Presentation/Format

Proposals shall be submitted in 8 1/2" x 11" size, using a simple method of fastening. Proposals should be typed and not include any unnecessarily elaborate or promotional material. Lengthy narrative is discouraged; presentations should be brief and concise. The form, content, and sequence of the proposal should follow the outline presented below.

3.3 Proposal Content

3.3.1 Transmittal Letter/Introduction

The letter of transmittal shall include the first 6 bullet points and be addressed to, Andrea Daniel, Procurement Specialist, and must, at a minimum, contain the following:

● Identification of the offering firm(s), including name, address and telephone number of each firm;

● Proposed working relationship among the offering firms (e.g., prime-subcontractor), if applicable;

● Name, title, address, telephone number and email address of contact person during period of proposal evaluation;

● A statement to the effect that the proposal shall remain valid for a period of not less than ninety (90) days from the due date for submittal;

● Identification of any information contained in the proposal which the proposer deems to be, and establishes as, confidential or proprietary and wishes to be withheld from disclosure to others under the California

RFP No. 21-02 Page 18 of 39

Public Records Act (a blanket statement that all contents of the proposal are confidential or proprietary will not be honored by LACCD); and

● Signature of a person authorized to bind the offering firm to the terms of the proposal.

3.3.2 Table of Contents

Immediately following the transmittal letter include a complete table of contents for material included in the proposal, including page numbers.

3.3.3 Proposals and Related Experience

This section should establish the ability of the proposer to satisfactorily perform the required work by reasons of: demonstrated competence in the services to be provided; nature and relevance of similar work recently completed for other clients; record of meeting schedules and deadlines on other projects; competitive advantages over other firms in the same industry;

strength and stability as a business concern; and supportive client references.

Information should be furnished for both the proposer and any other firm included in the offer.

Specifically include:

● Background information about your firm, including date of founding, legal form (sole proprietorship, partnership, corporation/state of incorporation), number and location of offices, principal lines of business, number of employees and other pertinent data. Disclose any conditions (e.g., bankruptcy or other financial problems, pending litigation, planned office closures, impending merger) that may affect your firm’s ability to perform contractually. Certify that the firm and its principals are not debarred, suspended, or otherwise declared ineligible to contract by any federal, state, or local public agency, or declare and explain any such status.

● Noteworthy Proposals for providing the required services to LACCD.

Specifically highlight those Proposals that distinguish you from your competitors, and provide the names of three successful recent accounts in the past three years in the areas of administering HSA, FSA and/or

COBRA programs.

RFP No. 21-02 Page 19 of 39

3.3.4 Proposed Staffing and Project Organization

This section should discuss the staff of the proposing firm who would be assigned to work for LACCD. Demonstrate that the firm has professional personnel, by identifying the key parties to perform under contract with

LACCD and by providing their resumes. In addition, please include a staffing organization chart of the key parties presented for the engagement.

The evaluation will consider amongst other factors, length of practice, education, training, relevant experience and longevity with the firm.

3.3.5 Work Plan

This section should describe how the proposer would perform the scope of work to the satisfaction of the District. Specify what resources would be expected and/or required from the District, such as a central point of contact, work space, equipment and information. The firm should demonstrate its knowledge and experience with administering FSA, HRA, and COBRA programs on behalf of an organization. In addition, the work plan should include information on how the firm would meet all the services outlined in the Section 1.3 – Scope of Services.

3.3.6 References

A minimum of four (4) references to be included with contact names and information.

● List of business clients—especially community colleges and school districts—to which your firm has provided similar services in the past three years. Specifically, include the following: name and address of organization, description of work and date performed, contact name/title/phone numbers/email address. Include a current client list and organizations or entities that your firm currently provides services to that may pose a conflict or require that you represent positions that are contrary to positions approved by LACCD.

3.3.7 Fee Structure / Cost Proposal

● Each proposal must include a description of the proposed fee schedule for the work to be performed.

● Each proposal should identify any and all hourly rate(s) for proposed services.

● Each proposal should identify any expected reimbursables and rates that may be requested by the proposer if engaged to do business on behalf of the District such as travel expenses, copying or messenger services.

RFP No. 21-02 Page 20 of 39

Please complete Appendix A to identify proposed fees, hourly rates and any expected reimbursables associated with this proposal.

3.3.8 Exceptions/Deviations

State any exceptions to or deviations from the requirements of this RFP, including the Sample Agreement presented in EXHIBIT F If you wish to present alternative approaches to meet LACCD's work requirements, these should be thoroughly explained in EXHIBIT E

3.3.9 Appendices

● Supporting Documents: Furnish as appendices those supporting documents (e.g., staff resumes and bio’s) requested in the preceding instructions.

● Additional Information: Include any additional information you deem essential to a proper evaluation of your proposal and which is not solicited in any of the preceding sections. Proposers are cautioned, however, that this is not an invitation to submit large amounts of extraneous material; appendices should be relevant and brief.

3.3.10 Authorization to do business in California

Proposers must be authorized to do business in California. If a Proposer is a sole proprietorship or partnership, the Proposer should furnish with its proposal a copy of a current business license issued in California. If the

Proposer is a corporation, it must be approved by the California Secretary of

State to do business in California as shown by it having an “ACTIVE” status listed on the California Secretary of State website as of the date of evaluation of the proposal. The Proposer should provide the corporate number issued by the Secretary of State with its proposal. Each Proposer is required to possess at the time of submitting its Proposal, and at all times during the RFP process

(and, in the case of the Proposer that receives award, at the time of award, upon execution of the Agreement, and at all times during performance of the

Agreement) any licenses required by Applicable Law for the performance of the Agreement.

3.3.11 Mandatory documents proposer must submit within the sealed response

(a) Completed and signed Noncollusion Affidavit (EXHIBIT A)

(b) Completed and signed Certificate of Non-Discrimination (EXHIBIT

B)

(c) Completed Confidentiality Agreement (EXHIBIT C)

RFP No. 21-02 Page 21 of 39

(d) Acknowledgement of all addenda issued by the District (EXHIBIT D)

(e) Completed and signed Exceptions and Deviations (EXHIBIT E)

(f) Completed and signed SLEDV disclosure (EXHIBIT G)

GRACE PERIOD FOR MISSING OR INCORRECT FILING OF ITEMS (a)

THROUGH (e) ONLY:

In the event that a firm fails to submit all or any part of items (a) through (e) above with its submission or if any submitted item is incomplete or incorrect, the Contracts

Office will notify the firm and the firm shall have an additional two (2) business days to submit the missing item to the Contracts Office. Failure to submit the missing item will result in the disqualification of the Firm if the mandatory item is missing entirely. Failure to complete or correct a mandatory item will result in the firm’s Proposal being considered in the form in which it was originally submitted.

RFP No. 21-02 Page 22 of 39

4. PROPOSAL EVALUATION AND CONTRACT AWARD

All proposals received in accordance with these RFP instructions will be evaluated to determine if they are complete and meet the requirements specified in this RFP. An award will be made to the Proposer whose offer is judged to be the most advantageous to the

District. The District expressly reserves the right to reject all proposals and make no award under this RFP.

4.1 Evaluation Procedures

An Evaluation Panel consisting of LACCD staff and/or outside associates will review, analyze, and evaluate all proposals received. The Evaluation Panel will rate the proposals and conduct reference checks of the top three (3) firms. The panel will conduct interviews of the three (3) most-highly rated proposers. The firms will receive a score based on the

Evaluation Criteria for Proposals and Interviews as noted below. The Proposal Score

Received and the Interview Score (if conducted) will determine which firm(s) will be selected. Proposers should take note of the Interview Date listed in the Proposed Timeline in the chart at the beginning of this document and be prepared to participate on that date.

Only those proposers ranked in the top three will be invited to the interviews.

At the approval of the evaluation panel, a recommendation for award(s) will be made to one or more successful proposers and the proposed contract(s) with the selected firm(s) will be submitted to LACCD's Board of Trustees for approval. The contract(s) will be executed and notice(s) to proceed will be issued after Board approval.

LACCD reserves the right to reject any or all proposals, to waive any irregularities or informalities in the offers received and to change the evaluation process described above if circumstances dictate this or it is otherwise in the best interests of LACCD to do such. In the event a proposal(s) is rejected, or in the event a proposer's offer is not rejected but does not result in a contract award, LACCD shall not be liable for any costs incurred by the proposer in connection with the preparation and submittal of the proposal.

4.2 Evaluation Criteria for Written Proposals and Interviews

Proposals will be evaluated in accordance with the responses to the criteria outlined in

Section 1.3 – Scope of Services as described above. The responses to this RFP will be evaluated by the District against the factors specified below. The relative weights of the criteria—based on a 100-point scale as listed below.

RFP No. 21-02 Page 23 of 39

·CRITERIA FOR RFP SCORING Relative

Weight

Specialized Experience, Technical Competence and

Capacity of the Firm

Proposal Presentation and/or Panel Interview (if conducted)

Professional Qualifications of Staff and Experience 15

Work Plan 15

Fee Structure 15

Small, Local, Emerging Disabled, Veteran Business

Certification (SLEDV)

TOTAL 100

The District will conduct interviews of the three (3) highest ranked firms after initial review and scoring of the written proposal. The firm receiving the highest score of their written proposal and interviews will be selected for final recommendation for contract negotiations and award.

LACCD reserves the right to reject any or all proposals, to waive any irregularities or informalities in the offers received and to change the evaluation process described above if circumstances dictate this or it is otherwise in the best interests of LACCD to do such. In the event a proposal(s) is rejected, or in the event a proposer's offer is not rejected but does not result in a contract award, LACCD shall not be liable for any costs incurred by the proposer in connection with the preparation and submittal of the proposal.

After evaluation and scoring are complete the District will either (a) immediately accept the

Proposal submitted by the highest-ranked Proposer or (b) conduct negotiations for the purpose of establishing agreed terms relative to pricing, staffing, and scope of services that are fair and reasonable to the District (“Negotiations”).

As part of the Negotiations, the District may, but assumes no obligation to, engage in give and take in regard to the terms of a Proposer’s Proposals, including, without limitation, staffing, personnel, price, hourly rates, or scope of services. The basis of this give and take

RFP No. 21-02 Page 24 of 39 will be from the terms of the RFP document and the Standard Form Agreements (Exhibit F).

Participation by the vendor in any phase of this RFP does not, in any way, implicitly or explicitly suggest that the District agrees to any or all of the proposer’s Exceptions and

Deviations as listed in the Proposer’s response. After the scores are compiled, the District will review the proposer’s response for exceptions and deviations and attempt to make good faith efforts to accommodate requests by the proposer. In no event, shall the District be under any obligation to vary from the terms of the RFP Document as delineated in Section V. F:

Exceptions / Deviations.

The District will first attempt to negotiate an agreement with the highest-ranked Proposer. If the District is unable to do so, the District will formally terminate Negotiations with that

Proposer and undertake Negotiations with the next highest-ranked Proposer, continuing that process until an agreement is reached. In the event the District is unable to reach an agreement with any of the Proposers that had participated in any interviews (if applicable), the District shall then have the option, in the exercise of its sole and absolute discretion, of repeating the interviews in the manner herein provided for all of those Proposers who were not invited.

4.3 Contract Award

It is the intent of the District to award a contract or contracts as the result of this

RFP to the highest ranked proposer(s). This may lead to one vendor being awarded a single contract or multiple vendors awarded at the LACCD’s discretion. However, the District reserves the right to apportion the requirements of this RFP among multiple contractors or to apportion all the services described in this RFP to a single vendor if this is determined to be in its best interests. The District reserves the sole right to make this determination. Any contract issued to a successful proposer is subject to authorization by the District Board of Trustees.

RFP No. 21-02 Page 25 of 39

EXHIBIT A – NON-COLLUSION AFFIDAVIT

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY

PROPOSER AND SUBMITTED WITH ITS PROPOSAL

(Name) , being first duly sworn, disposes and says that he or she is (Title) of

(Company) , the party making the foregoing…