RFP 23046 - Payroll Time _ Attendance System (Final).pdf

GENERAL SERVICES

Purchasing purchasing@fnsb.gov Main: (907) 459-1293

Fax: (907) 459-1100

Fairbanks North Star Borough

907 Terminal St. Fairbanks, AK 99701 PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov

RFP Number: 23046 Date of Issue: December 8, 2022

Payroll Time & Attendance System

Submittal Date and Time:

January 12, 2023 @ 2:00 p.m.

Pre-Proposal Conference Date/Time:

December 16, 2022 @ 1:00 p.m.

https://fnsb-gov.zoomgov.com/j/1600300288

Mandatory: ___Yes _X__No

For questions about this RFP, contact:

Aaron Lairamore FNSB Procurement Technician

(907) 459-1297 Email: purchasing@fnsb.gov https://www.BidNetdirect.com/alaska/fairbanksnorthstarborough http://www.fnsb.us/ https://fnsb-gov.zoomgov.com/j/1600300288 mailto:purchasing@fnsb.gov https://www.bidnetdirect.com/alaska/fairbanksnorthstarborough

FAIRBANKS NORTH STAR BOROUGH RFP# 23046

TABLE OF CONTENTS

Section One ............................................ Introduction and Instructions

Section Two ......................................... Standard Proposal Information

Section Three ....................................... Standard Contract Information

Section Four .................................................. Background Information

Section Five ................................................................... Scope of Work

Section Six ............................................. Proposal Format and Content

Section Seven .................... Evaluation Criteria and Contractor Selection

Section Eight ................................................................... Attachments

A. Offerors Checklist B. Proposal Transmittal Form C. Non-Collusion Affidavit D. Certification of No Conflict of Interest E. No Response Form

F. Sample Services Contract G. Cost/Price Schedule H. Detailed Cost Breakdown

FAIRBANKS NORTH STAR BOROUGH RFP# 23046

SECTION ONE

INTRODUCTION AND INSTRUCTIONS

Submittal Directions Offerors must submit their proposals electronically, and separately electronically submit their cost/price proposal to BidNet at: https://www.BidNetdirect.com/alaska/fairbanksnorthstarborough.

Deadline for Receipt of Proposals Proposals must be submitted electronically to BidNet no later than 2:00 PM on January 12, 2023.

Contact Person The point of contact for this RFP is:

Aaron Lairamore FNSB Procurement Technician Phone: 907-459-1297 purchasing@fnsb.gov

Pre-proposal Conference A pre-proposal conference will be held on December 16, 2022, at 1:00 p.m. This pre-proposal conference will be held via Zoom. The link to participate in the conference is on the cover sheet of this RFP. The purpose of the conference is to discuss the work to be performed with the prospective Offerors and allow them to ask questions concerning the RFP.

If a pre-proposal conference is MANDATORY, it will be stated on the cover sheet of the RFP. Proposers who fail to attend the mandatory pre-proposal conference may be declared non-responsive and eliminated from further consideration.

Purpose of the Request for Proposal (RFP) The FNSB is soliciting proposals from qualified firms for a Payroll Time and Attendance System.

Budget The FNSB estimates a budget of less than $60,000.00 annually for completion of this project. Proposals priced at more than $60, 000.00 may be declared non-responsive and eliminated from consideration.

Location of Work The location(s) of the work is to be the Offeror’s work site.

Required Review Offerors should carefully review this solicitation for defects and questionable or objectionable matter.

Comments concerning defects and questionable or objectionable material shall be made in writing and submitted to BidNet. Questions must be submitted by the deadline indicated in BidNet. Protests based on any omission or error, or on the content of the solicitation, should be emailed to purchasing@fnsb.gov at least 14 days before the date and time set for the RFP closing. Protests will be disallowed if these faults have not been brought to the attention of the Purchasing Division in this time frame.

The FNSB assumes no responsibility for any interpretation or representations made by any of its officers, agents, or employees unless interpretations or representations are incorporated in a written addendum to the RFP.

https://www.bidnetdirect.com/alaska/fairbanksnorthstarborough

FAIRBANKS NORTH STAR BOROUGH RFP# 23046

Addenda If an addendum is issued, plan holders registered on BidNet for this solicitation will be sent a notification email by BidNet. The addendum will also be published on BidNet.

Alternate Proposals Offerors may only submit one (1) proposal for evaluation. Alternate proposals shall not be considered unless specifically requested in the RFP document.

Right of Rejection Offerors must comply with all the terms of the RFP, FNSB Code of Ordinances Title 16, and all applicable local, state, and federal laws, codes, and regulations. The FNSB Purchasing Division shall reject any proposal that does not comply with all the material and substantial terms, conditions, and performance requirements of the RFP.

Offerors shall not restrict the rights of the FNSB or qualify their proposal. If an Offeror does so, the FNSB Purchasing Division shall declare the proposal non-responsive and eliminate it from further consideration.

The FNSB Purchasing Division has the authority and discretion to waive irregularities on any and all proposals if in their judgment such waiver would be in the best interest of the FNSB and would not negatively impact the integrity of the procurement process or provide an unfair competitive advantage.

The FNSB reserves the right to refrain from making an award if it determines that to be in the best interest of the

FNSB.

Withdrawal, Modification or Correction After submitting a proposal to BidNet, an Offeror may withdraw, modify, or correct their proposal, providing the withdrawal, modification, or correction has been submitted to BidNet before the time set for the submittal deadline. No Offeror shall be permitted to withdraw their proposal after the time set for submittal deadline.

Late Proposals All times shown in this document, including for deadlines and conferences, are expressed in Alaska Prevailing Time. Proposals shall be electronically submitted to BidNet during the period stated in this RFP. It is the sole responsibility of the Offeror to see that their proposal is submitted prior to the scheduled due date and time for RFP submittals. No proposals will be accepted by BidNet after the scheduled due date and time.

FNSB Not Responsible for Preparation Costs The FNSB will not pay any cost associated with the preparation, submittal, presentation, or evaluation of any proposal.

Disclosure of Proposal Contents All proposals and other material submitted become the property of the FNSB. All proposal information, including detailed price and cost information, will be held in confidence during the evaluation process and prior to the time a Notice of Intent to Award is issued. Thereafter, proposals will become public information.

Trade secrets and other proprietary data contained in proposals may be held confidential if the Offeror requests, in writing, that the FNSB Purchasing Division does so, and if the FNSB Purchasing Division agrees, in writing, to do so. Material considered confidential by the Offeror must be clearly identified and the Offeror must include a brief statement that sets out the reasons for confidentiality.

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Subcontractors Subcontractors may not be used to perform work under this contract.

Joint Ventures Joint ventures will not be allowed.

Offeror’s Certification By signature on their proposal, Offerors certify compliance with:

a) FNSB Code of Ordinances Title 16,

b) the applicable portion of the Federal Civil Rights Act of 1964,

c) the Equal Employment Opportunity Act and the regulations issued thereunder by the federal government,

d) the Americans with Disabilities Act of 1990, and the regulations issued thereunder by the federal government,

e) Veteran’s Agency – Regulating and implementing the reporting requirements under the Vietnam Era Veteran’s Readjustment Assistance Act of 1974 as amended. “41 C.F.R. Part 60-300.

f) all terms and conditions set out in this RFP,

g) a condition that the proposal submitted was independently arrived at, without collusion, under penalty of perjury, and

h) the proposal shall remain open and valid for at least 90 days.

If any Offeror fails to comply with (a) through (h) of this paragraph, the FNSB reserves the right to eliminate the proposal from consideration, terminate the contract, or consider the contractor in default.

Gratuities and Kickbacks The Offeror acknowledges and agrees to Section 16.44.030 of the FNSB Code which provides as follows:

"It shall be unethical for any person to offer, give or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore.

It shall be unethical for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith as an inducement for the award of a subcontract or order."

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Organizational Conflicts of Interest The Offeror warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities, or because of relationships with other persons:

(1) an Offeror is unable or potentially unable to render impartial assistance or advice to the FNSB;

(2) the Offeror’s objectivity in performing the work is or might be otherwise impaired; or

(3) the Offeror has an unfair competitive advantage.

The Offeror agrees that if an organizational conflict of interest is discovered after proposal award, an immediate and full disclosure in writing shall be made to the Chief Procurement Officer that shall include a description of the action the Offeror has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the FNSB may, at its discretion, cancel the proposal award. In the event the Offeror was aware of an organizational conflict of interest prior to the award of the proposal, and did not disclose the conflict to the CPO, the FNSB may terminate the proposal award for default. The provisions of this clause shall be included in all subcontracts for work to be performed.

Lobbying To ensure that the RFP selection process is not distorted or compromised by private lobbying outside the procedures designed to produce the best proposal for the FNSB and the public:

a) No Offeror may disclose their proposal to members of the selection committee, nor to members of the FNSB Assembly, prior to the issuance of the Notice of Intent to Award.

b) The FNSB shall select those proposals which are responsive and which merit further discussion. Any person whose proposal is selected for further discussion shall confine all contacts with the FNSB to those permitted by the formal selection procedures. Any person whose proposal is not selected must not discuss the matter with committee members or with assembly members, but may file a protest under the FNSB Procurement Code, FNSB 16.40.010.

The prohibitions in this section apply whether or not the committee member or assembly member has a personal or financial interest in the outcome of the selection process.

The following provisions apply to violations of this section:

a) If the violation is discovered prior to award, and the selection process has not been compromised, then the proposal offered by the violator shall be disqualified from further consideration; if the selection process has been compromised such that the FNSB must cancel this RFP and issue a new one, then the Offeror shall be liable to the FNSB for all costs of issuing a new RFP for similar or substantially similar services.

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b) If the violation is discovered after the award, then the contract is voidable at the sole option of the FNSB, and the vendor shall be liable to the FNSB for: (1) the difference, if any, between the cost of the Offeror's services under the existing contract, and the cost of any new Offeror's services under a new contract for similar or substantially similar services; in no case shall the FNSB be liable to the Offeror for any savings under a new contract, and (2) for the reasonable costs of issuing a new RFP for similar or substantially similar services, and (3) for any costs of obtaining such services on an emergency or expedited basis; the violator is liable to other Offerors under the same RFP for their costs of proposal preparation. The purpose of this subsection, and only this subsection, is to create enforceable rights in third parties. The provisions of this subsection apply to those persons not submitting proposals, but who would have done so if not for the actions of the violator. Such third parties may assert such claims only after the FNSB makes a finding that such a violation has occurred. No other provision of this RFP creates enforceable rights in third parties.

The provisions of this subparagraph relating to sanctions do not limit the power of the FNSB, or any third party, to seek other remedies under the FNSB Code, the Statutes, or the laws of the United States.

Unauthorized Contact Offerors shall not contact any FNSB personnel or representative(s) other than the FNSB Procurement Department regarding the proposal process, status of evaluation, questions, or contents of proposals.

“Representative” shall include, but not be limited to, all elected and appointed officials, and employees of the FNSB. Any Offeror engaging in such prohibited communications may have their proposal rejected or be disqualified at the sole discretion of the FNSB Chief Procurement Officer.

Environmental Requirements The Offeror recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to projects being financed in whole or in part with Federal and State funds. The Offeror and any of its sub-contractors agree to comply with any such requirements as the federal or state government may now or in the future promulgate.

The FNSB has adopted policies to support an ethic of sustainability. To advance these goals, products and services contracted for will be evaluated in part based on their environmental attributes. Specific factors to be considered include greenhouse emissions, habitat impacts, regulatory compliance, recycled content, energy efficiency, water efficiency, and toxic chemical reductions. Please address these concerns with submitting your proposals.

Energy Conservation Requirements The Offeror must provide products that earn the ENERGY STAR and meet the ENERGY STAR specifications for energy efficiency. The Offeror is encouraged to visit energystar.gov for complete product specifications and updated lists of qualifying products.

The FNSB seeks to promote energy conservation and shall comply with any mandatory standards and policies which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163) FNSBC 16.16.60.

Responsibility to Keep Informed It is the Offerors responsibility to keep informed. Failure to do so may result in a proposal being declared non-responsive and eliminated from further consideration.

Cancellation The FNSB may cancel the RFP if such cancellation is in the best interest of the FNSB.

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Tie Scores If the RFP evaluation results in a “tie” between two responsive, responsible proposers, the FNSB will determine the successful proposer by the flip of a coin. The process will be conducted by the General Services Department, and both proposers shall be invited to attend the coin flip. The General Services Department will sign the evaluation sign in sheet, as well as prepare a memo certifying the results of the process.

FAIRBANKS NORTH STAR BOROUGH RFP# 23046

SECTION TWO

STANDARD PROPOSAL INFORMATION

Proposal Transmittal Form The Proposal Transmittal Form shall serve as the cover sheet to an Offerors proposal. This form shall contain an original signature of an individual authorized to bind the Offeror to the provisions of the RFP.

Supplemental Terms and Conditions Proposals including supplemental terms and conditions will be accepted, but supplemental conditions that conflict with those contained in this RFP, or that diminish the FNSB’s rights under any contract resulting from the RFP, will be considered null and void. The FNSB is not responsible for identifying conflicting supplemental terms and conditions before issuing a contract award. After award of contract:

a) if conflict arises between a supplemental term or condition included in the proposal and a term or condition of the RFP, the term or condition of the RFP will prevail; and

b) if the FNSB’s rights would be diminished as a result of application of a supplemental term or condition included in the proposal, the supplemental term or condition will be considered null and void.

Discussions with Offerors The FNSB may conduct oral and/or written discussions with Offerors who submit proposals determined to be reasonably predisposed of being selected for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers.

The FNSB may award a contract on the basis of initial proposals received, without requesting clarification, discussions, or a best and final offer. Therefore, each initial proposal shall contain the Offeror’s best terms from cost/price and technical standpoints.

Evaluation of Proposals The evaluation committee, made up of at least three (3) FNSB employees or designees, will evaluate proposals.

The evaluation will be based solely on the evaluation factors set out in the RFP.

F.O.B. Point All goods purchased through this contract shall be F.O.B. Final Destination. Unless specifically stated otherwise, the prices offered must include all of the costs associated with delivery, to include, but not be limited to, packaging, insurance, transportation, and delivery to the FNSB, 907 Terminal Street, PO Box 71267, Fairbanks, Alaska.

Extension of Prices In the case of error in the extension of prices in the proposal, the unit price shall govern.

Vendor Tax Number For goods or services procured through this RFP that must be included on a Miscellaneous Tax Statement, as described in the Internal Revenue Code, a valid tax identification number must be provided to the FNSB. A signed W-9 “Request for Taxpayer Identification Number” Form shall be provided to the FNSB upon contract award with signed contract documents.

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Converting Offeror’s Cost or Price to Points The maximum score for the Cost or Price Schedule included in this RFP, as provided by the Offerors, shall be awarded to the firm offering the lowest total cost or price. Appropriate proportional scores shall be assigned to the other Offerors.

Notice of Intent to Award (NOIA) After the completion of the evaluation and scoring process, the FNSB Purchasing Division will issue a written Notice of Intent to Award (NOIA) and post this on BidNet. Plan holders of record for the solicitation will be sent an email notification that the NOIA has been published. The NOIA will indicate the name and address of the successful Offeror.

Post Award Debrief for Unsuccessful Offerors Offerors may request a post-award debrief by submitting a written request for debriefing to the Purchasing Division within 5 days of NOIA. Debriefings may be written or oral at the discretion of the Chief Procurement Officer. The purpose of this debriefing is to furnish the basis of the source selection decision and provide reasonable responses to relevant questions about the source selection process.

Post Award Negotiations After the NOIA has been published, the FNSB and the successful Offeror may conduct good faith negotiations to address non-material aspects of the resulting contract. Should the FNSB be unable to negotiate a contract with the successful Offeror, negotiations will be formally terminated. The FNSB may then initiate negotiations with the second highest ranked Offeror. This process will continue until an agreement is reached.

Protest Protests shall be treated in accordance with FNSB Code of Ordinances 16.40.010. Any actual or prospective bidder, Offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the FNSB Chief Procurement Officer. A protest with respect to a request for proposal shall be submitted in writing prior to the closing date for the proposal unless the aggrieved person did not know and should not have known of the facts giving rise to such protest prior to the closing date for proposals. The protest shall be submitted within five (5) calendar days after such aggrieved person knows or should have known of the facts giving rise thereto and shall, at a minimum contain: (1) the name, address, and telephone number of the party filing the protest; (2) the signature of the party filing the protest or the party’s authorized representative;

(3) identification of the proposal at issue; (4) a complete statement of the legal or factual grounds for the protest; and (5) a non-refundable filing fee of $75.00. Within five days of submittal of a timely protest, the protestor shall submit a protest security (bond or cashier’s check) in an amount not to exceed five percent or $20,000, whichever is less, of the protestor’s proposal price, or if proposals have not yet been opened, the fund authorization in the purchasing bid file. If the protestor fails to submit the security as required in this section, then the protest may be denied without further action.

Notwithstanding any other provision of this section, an interested person is free at any time to contact the FNSB Purchasing Division for the purpose of clarifying selection procedures.

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SECTION THREE

STANDARD CONTRACT INFORMATION

Disputes Any dispute arising out of this agreement shall be resolved under the laws of Alaska. Any appeal of an administrative order or any original action to enforce any provision of this agreement or to obtain relief from or remedy in connection with this agreement may be brought only in Fairbanks, Fourth Judicial District, State of Alaska.

Severability If any provision of the contract or agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; and, the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular provision held to be invalid.

Federal Requirements Any provision required to be included in a contract resulting from this RFP, by any applicable and valid Executive order, federal, state, or local law, ordinance, rule, or regulation, shall be deemed to be incorporated herein.

Right to Inspect Place of Business At reasonable times, the FNSB may inspect those areas of the contractor's place of business that are related to the performance of a contract. If the FNSB makes such an inspection, the contractor must provide reasonable assistance.

Assignment The contractor may not transfer or assign any portion of the contract without prior written approval from the

FNSB.

Contract Approval This RFP does not, by itself, obligate the FNSB. The FNSB’s obligation shall commence when the contract is signed by the FNSB Mayor or the Mayor’s designee. Upon written notice to the contractor, the FNSB may set a different starting date for the contract. The FNSB shall not be responsible for any work done by the contractor, even work done in good faith, if it occurs prior to the contract start date set by the FNSB.

Acceptance of Standard RFP and Contract Terms and Conditions By submitting a response to this RFP, Offeror accepts the Standard Terms and Conditions contained in this RFP document, and terms set forth in the attached Sample Contract. The FNSB will not negotiate changes to material provisions in the Sample Contract, including Insurance Requirements, Indemnification, Defense and Hold Harmless Provision, venue and choice of law, and Termination.

Offerors requesting additions or exceptions to nonmaterial requests shall submit the exception accompanied by an explanation why the exception is being sought, and what specific effect it will have on the Offeror’s ability to respond to the RFP or perform the contract. Offerors must address these issues via email to the FNSB Procurement Specialist no less than two weeks prior to the submittal deadline. Questions received after the deadline may not be considered.

The successful Offeror shall be required to sign and submit a contract that is similar to the “Sample Contract” included in this RFP. Any additional contracts which the Offeror requests the FNSB to sign shall become part of

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the FNSB Contract, and conflicting terms in any such additional contracts will be subordinate to the terms in the FNSB Contract.

As a duly incorporated political subdivision of the State of Alaska, the FNSB cannot provide contractual indemnity to Offeror. See AS 29.35.010(9); AS 29.35.100(b). The FNSB rejects, shall not be bound by, and considers unenforceable any provisions in additional contracts which the Offeror requests the FNSB to sign that require the FNSB to indemnify, defend, or hold harmless Offeror.

After the Notice of Award is issued, the successful Offeror will have 10 days to return signed contract documents, a Certificate of Insurance, a current and completed IRS Form W-9, and any bond requirements, in accordance with the specifications identified in this RFP.

Proposal as a Part of the Contract This solicitation document shall become part of any contract resulting from this Request for Proposal (RFP).

Insurance Requirements Prior to commencing any work under a contract resulting from this RFP, the successful Offeror shall provide a Certificate of Insurance in a form acceptable to the FNSB showing that they have the required insurance coverage. The required coverage must be obtained and maintained with an insurance company rated “Excellent” or “Superior” by A.M. Best Company, or specifically approved by the FNSB risk manager.

If an Offeror has a question as to their ability to provide the required coverage they should consult with their agent or broker prior to submitting a response to the RFP.

a) Limits: The successful Offeror shall obtain insurance for not less than the following limits:

Commercial general liability, occurrence basis: $1,000,000 limit per occurrence;

Comprehensive automobile liability: $1,000,000 combined single limit;

Workers’ Compensation coverage including Employer’s Liability with limits of: $100,000 each accident, $500,000 disease--policy and $100,000 disease--each employee.

Cyber Liability: $1,000,000 limit.

b) Automobile Liability Insurance: All automobiles, owned, non-owned, and hired automobiles, must be insured when the successful Offeror is using them to do work resulting from this RFP.

c) Workers’ Compensation: Any employee of the successful Offeror must be covered by workers’ compensation insurance during the term of work resulting from this RFP. Offeror’s workers’ compensation policy shall be endorsed to include a waiver of subrogation in favor of the FNSB.

d) Cyber Liability: In the amount of $1,000,000 with the FNSB as additional insured.

e) Alternate Coverage: A combination of primary and excess/umbrella policies may be used to fulfill the insurance requirements of this section.

f) Additional Insured: During the term of work, the successful Offeror shall add and maintain the FNSB as an additional insured in the Offeror’s commercial general liability policy. This policy shall provide primary coverage for the FNSB, and it shall provide that the policy treats each additional insured as though the insurer had issued separate policies.

g) Cancellation: The insurer shall send the Borough thirty (30) days written notice before it cancels or refuses to renew coverage required by this contract. The contractor shall assure that the insurance

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policies include a provision requiring this prior notice. The contractor shall not materially alter their coverage limits, terms or conditions for the coverage requirements set forth in the contract.

Contract Funding FNSB funds, unless noted elsewhere in the RFP, are available for the initial purchase and/or the first term of the contract resulting from this RFP. Payment and performance obligations for future purchases and/or contract renewals are subject to the availability and appropriation of funds.

Proposed Payment Procedures The FNSB will make payments based on completed deliverables as identified within the tasks in the Scope of Work. Each billing may not exceed 40% of the contract amount and shall consist of an invoice and progress report. No payment shall be made until the progress report and invoice have been approved by the FNSB Project Manager. The FNSB shall retain 20% of the contract amount until all contract deliverables have been successfully completed and accepted by the FNSB project manager.

Contract Payment Under no conditions shall the FNSB be liable for the payment of any interest charges associated with the cost of the contract.

Disadvantaged Business Enterprises (DBE’s) and Prompt Payment If a DBE goal has been established for this project and is stated in the Scope of Work/Specifications, the Offeror is required to pay their subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment from the FNSB.

The Offeror shall ensure prompt and full payment of retainage to the subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. The FNSB shall utilize one of the following methods indicated below to ensure the Offeror’s compliance with this requirement.

• The FNSB shall decline to hold retainage from the Offeror and prohibits the Offeror from holding retainage from the subcontract.

• The FNSB shall decline to hold retainage from the Offeror and requires the Offeror to insert a clause in their subcontracts obligating the Offeror to make prompt and full payment of any retainage kept by the Offeror to the subcontractor within 30 days after the subcontractor’s work is satisfactorily completed.

• The FNSB shall hold retainage from the Offeror and provide for prompt and regular incremental acceptance of portions of the contract, pay retainage to the Offeror based on these acceptances, and require the Offeror to insert a clause in their subcontracts obligating the Offeror to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within 30 days after the FNSB’s payment to the Offeror.

For purposes of this section, a subcontractor’s work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Offeror and FNSB. When the FNSB has made an incremental acceptance of a portion of a contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed.

The Offeror agrees that any delay or postponement of payment amount between the parties may take place only for good cause, and only with the FNSB's prior written approval.

Informal Debriefing When the contract is completed, an informal debriefing may be performed at the discretion of the FNSB Project Manager. If performed, the scope of the debriefing shall be limited to the work performed by the Offeror.

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Contract Personnel The FNSB Project Manager must approve any change of the project team members named in the proposal in advance and in writing. Personnel changes that are not approved by the FNSB may be grounds for the FNSB to terminate the contract.

Indemnification, Defense and Hold Harmless Provision The Offeror shall defend, hold harmless and indemnify the FNSB, its officers, agents, and employees, against any claims, loss, and/or damages directly or indirectly arising from or claiming to arise from any injury to any person(s), damage to any property, or any economic loss, arising out of, in whole or in part, (1) the Offeror’s performance or non-performance of its duties under this contract; and/or (2) any defect in any services provided by the Offeror. This duty to defend, indemnify, and hold harmless shall include the Offeror’s responsibility for any and all foregoing claims, even if such claims are groundless, false, and/or fraudulent and any and all equitable relief, damages, costs, and attorney fees except those caused by either the FNSB’s sole negligence or its willful misconduct.

This obligation shall be continuing in nature and extend beyond the term of this agreement. The doctrine of equitable tolling extends the time within which an action for breach of this provision may be filed.

“Offeror” and “FNSB” as used in this section, include the employees, agents, subcontractors, and any other persons who are directly employed by or otherwise legally responsible, respectively to each party.

Contract Extension The FNSB and the successful Offeror agree: (1) that the FNSB may extend the term of the contract on a month-to-month basis at the same rates specified in the contract at the end of the initial performance period, or the end of any exercised renewal; (2) any such extension shall not exceed 6 months; (3) all other terms and conditions shall remain in full force and effect; and (4) to provide written notice to the other party of the intent to cancel such month-to-month extension at least 30 days before the desired date of cancellation.

Contract Renewals The Borough reserves the option to renew this contract upon written agreement of both parties for four (4) additional one-year periods. All renewals are to be for a period of one year at the same terms, conditions, and price set forth herein. However, the contractor, at least 90 days prior to the contract anniversary date, may request, in writing, changes to the terms, conditions, and pricing. Approved changes do not constitute substantial changes to the contract and must be supported with appropriate written documentation. The approval of any change(s) is at the sole determination of the Borough.

Termination Both parties may agree in writing to terminate this agreement at any time; either party may terminate the contract if the other party fails to perform in the manner called for in the contract; the FNSB may terminate the contract for its own convenience on 30 days written notice; and the agreement will terminate if the FNSB Assembly fails to appropriate necessary funds or repeals all or substantially all of the appropriations which fund this agreement.

In case of default by the Offeror, for any reason whatsoever, the FNSB may procure the goods or services from another source and hold the Offeror responsible for any resulting excess cost or other remedies under law or equity.

If this contract is terminated, the Offeror has no further duty to perform other than that work reasonably necessary to stop work in a safe and workmanlike manner. Likewise, if this contract is terminated, the FNSB has no further duty to pay the Offeror except for the work satisfactorily completed or goods delivered and accepted, FAIRBANKS NORTH STAR BOROUGH RFP# 23046 as of the date of termination, and the additional work completed as being reasonably necessary to stop work in a safe and workmanlike manner.

Impossibility to Perform The Offeror is not liable for any failure to perform its obligations under this agreement, if that failure is caused by any unforeseeable force beyond the control of, and without the fault or negligence of, the Offeror. For the purposes of this agreement, such forces shall mean any emergency under the Alaska Disaster Act (AS 26.23); war (whether declared or not); revolution; invasion; insurrection; riot; sabotage; military or usurped power;

lightning; explosion; fire; storm; drought; flood; earthquake; epidemic; quarantine; strikes; acts or restraints of governmental authorities affecting the project or directly or indirectly prohibiting or restricting the furnishing or use of materials or labor required; inability to secure materials, machinery, equipment, or labor because of priority, allocation, or other regulations of any governmental authorities.

Inspection and Modification - Reimbursement for Unacceptable Deliverables The Offeror is responsible for the completion of all work set out in the contract. All work is subject to inspection, evaluation, and approval by the FNSB Project Manager. The FNSB may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract. Should the FNSB Project Manager determine that corrections or modifications are necessary in order to accomplish its intent, they may direct the contractor to make such changes. The Offeror shall not unreasonably withhold such changes.

Contract Changes - Unanticipated Change Orders During the course of this contract, the Offeror may be required to perform additional work. That work shall be within the general scope of the initial contract. When additional work is required, the FNSB Project Manager shall provide the Offeror a written description of the additional work and request the Offeror to submit a firm time schedule for accomplishing the additional work and a firm price for the additional work. Cost and pricing data may be required to justify the cost of such change orders per FNSB Code 16.12.080.

The Offeror shall not commence additional work until the FNSB Project Manager has secured any required FNSB approvals and issued a written contract change order.

Affirmative Action/Equal Opportunity The FNSB is an Affirmative Action/Equal Opportunity employer. The FNSB, and all its contractors, vendors, and suppliers, agree and certify that they shall comply with the requirements of all pertinent Federal and State laws relating to equal opportunity in contracting and procurement activities.

American with Disabilities Act Access The Offeror agrees to comply with the requirements of 49 USC §5301(d) which states the Federal requirements that the elderly and persons with disabilities have the same rights as other persons to use mass transportation service and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement those requirements. The Offeror also agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 USC §794, which prohibits discrimination of the basis of handicaps, and with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC §12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent addenda thereto.

Project Manager After award of this contract, the FNSB Project Manager, or their designee, shall be the FNSB’s authorized representative in all matters pertaining to the administration of the terms and conditions of this contract and to whom all notices must be sent. The successful Offeror’s contract manager shall be responsible for coordinating all matters pertaining to the resultant contract with the FNSB’s Project Manager.

FAIRBANKS NORTH STAR BOROUGH RFP# 23046

Recycled Content In support of the State of Alaska Law (AS 29.71.050), bidders are encouraged to supply with their bid any information available regarding recycled content in the products represented in the bid.

References When references are required by the bid documents, neither the Fairbanks North Star Borough itself nor any associated subsidiaries of the FNSB may be used as references.

FAIRBANKS NORTH STAR BOROUGH RFP# 23046

SECTION FOUR

BACKGROUND INFORMATION

The Fairbanks North Star Borough is a second-class Borough incorporated in 1964. The Borough covers 7,361 square miles of the Tanana River Valley of the interior region of Alaska. The Borough government resides in Fairbanks, Alaska.

The Borough is home to approximately 98,000 residents. Two first-class cities are located within the Borough’s boundaries: North Pole with 2,265 residents and Fairbanks with a population of 31,516. There are also two large military installations within the Borough: Fort Wainwright Army Post and Eielson Air Force Base. These installations account for over one-fifth of the Borough’s population.

The Borough operates under a strong Mayor-Assembly form of government and has the following powers:

• Areawide: Assessment and collection of taxes, public schools, elections, planning and zoning, animal control, flood control, library, air pollution control, disaster and civil defense, solid waste disposal, parks and recreation, transportation system, and limited health and social services powers in the entire Borough.

• Solid Waste Collection District: Solid waste collection in the area outside the City of Fairbanks.

• Non-Areawide: Fireworks control, emergency medical services, and economic development in the area outside the two first-class cities of Fairbanks and North Pole.

• Service Area Basis: Road construction and maintenance, fire protection, water supply, sewage disposal, and street lights on a neighborhood or community basis.

The Borough employs approximately 365 regular employees, approximately 80 seasonal and casual summer employees, and approximately 78 temporary employees.

Approximately 165 employees work in the Juanita Helms Administrative Center (JHAC), a three-story office building. The Mayor’s Office and the Assembly Chambers are also located in the JHAC. There is considerable public traffic in this building as departments such as Human Resources, Community Planning, the Clerk’s Office, Assessing, Tax Collection and the Purchasing Office are located here. The remaining employees work in other facilities located throughout the Borough.

The Borough operates approximately 700 thousand square feet of property, including 58 parks and playgrounds and 40 buildings and facilities. These include the:

• Juanita Helms Administrative Center (JHAC)

• Transit Center

• Noel Wien and North Pole Libraries

• Facility Parking Lots

• Recreational Facilities

• Maintenance and Warehouse space

FAIRBANKS NORTH STAR BOROUGH RFP# 23046

SECTION FIVE

SCOPE OF WORK

The Fairbanks North Star Borough’s Human Resources Division of Personnel/Payroll is soliciting proposals for a comprehensive integrated Payroll Time and Attendance System that will integrate with our current financial and payroll system Central Square – Finance Enterprise 16.2 (ONESolution). The Borough is seeking to continue its use of an electronic system.

The Borough will consider proposals that are WAS (Web-Based Applications & Services) but programs and data shall be housed at our location or an out of the box software solutions.

Systems Functions and Features

The features and functions listed below are not meant to be restrictive in any way, but are intended to describe the type of system required to meet the Borough’s requirements. It is the Offeror’s responsibility to identify and specify a system they believe will best meet the Borough’s requirement.

Payroll Time and Attendance Functions:

• Accommodate various methods of data collection as well as dissemination of payroll related information.

• The information related to hours worked shall provide direct collection methods via PCs, time clocks, or other devices (such as Geo mapping).

• Account for time and attendance for multiple pay classes and types of employees as indicated in Section Four of this RFP.

• Account for multiple project codes / org keys per day per employee.

• Apply rules as set forth in the union contracts and the personnel ordinance.

• Generate reports to include standard and ad-hoc report generating capabilities.

• Support the data over the existing Borough LAN/WAN.

• Support 500 to 600 clocking employees.

• Support a minimum of 400 employees using the system to view leave balances and personal holiday balances, leave history and late statuses within their security access.

• Provide <1 second card swipe response time per employee if card based time capturing devices are utilized.

• Support multiple pay periods (Bi-weekly and Monthly); work schedules (fixed, rotating, shift, as-needed); hourly and salary compensation; and compliance with overtime requirements.

• Provide unlimited different pay and attendance rules and policies to support each group using the same time system.

• Configure automated overtime rules for inclusion and exclusion of non-worked hours pay codes in timecard.

• Provide supervisory ability to review and act upon both on-line and paper-based leave requests.

• Flag time/policy error codes, checking and severity policy set by group not system wide.

• Support unlimited different pay codes and accruals including codes for annual leave, personal holidays, leave without pay, bereavement leave, workers’ compensation, military leave, family medical leave, jury duty, etc.

FAIRBANKS NORTH STAR BOROUGH RFP# 23046

• Provide a message system(s) for employee / manager exchange (e.g. messages displayed on the time capturing device).

• Support unlimited shift schedule definition and assignment or no schedule assigned.

• Support different early and late clock in/out rounding or no rounding as needed.

• Allow for the entry of forecasted time when the time must be submitted to Payroll, before the time is actually worked.

• Have the ability to charge back / dock or adjust hours.

• Support special codes such as car days, shift differential, overtime shift differential, recall, standby, etc.

• Have the ability to track special requirements for grants.

System and Integration:

• Integrate with the Borough’s financial system, CentralSquare Enterprise Finance 16.2 System

(ONESolution), to include the following:

o Employee data, general information, leave accrual, pay codes etc. from the ONESolution software.

o Uploading payroll data in a fixed width flat file format. (Record layout available upon request.)

• Provide World Wide Web (web) interface that works with Chromium-based browsers MS Edge, Brave, and Google Chrome. The web interface SHALL work on the Microsoft Windows platform.

• Support authentication through the Borough’s Microsoft Azure Active Directory tenant.

• Automatically adjust to time and date changes due to the number of days in the month, daylight savings time, leap year, etc.

Data Integrity and Backups:

• Operable 24 hours a day, 7 days a week, and 365 days a year.

• Provide data integrity in the event of power outages or damage to all or part of the database platform.

• Allow for punching, editing, calculating, reporting, and system backup without going offline or suffering noticeable degradation of performance.

Reporting:

• Provide full data model and detailed database table descriptions to aid in custom generated reports, with a preference to publish Power BI data sets to leverage the Power BI reporting platform.

• Allow user to selected format HTML, PDF, and Excel spreadsheet on all reports.

• Produce the following reports using accurate, up-to-the minute data:

o Individual employee time sheet.

o Daily hours by time by project/employee/division/department o Bi-weekly hours by project/employee/division/department o Monthly hours by project/employee/division/department o Exception report by employee/division/department o Absentee report by employee/division/department o Punch detail o Weekly time card by employee/division/department

FAIRBANKS NORTH STAR BOROUGH RFP# 23046

o Vacation reports reflecting usage history o Personal holiday leave reports reflecting usage history o Comp time reports reflecting hours earned and hours used.

o Accruals and balances o Leave history for all leave types o Overtime tracking and monitoring including overtime asked / refused o Employee schedules o History/archival reports o Punch edit history

• Produce reports containing history (weekly, bi-weekly, monthly, annual, fiscal year, etc) of various data including leave, late punches, absenteeism, etc.

Capturing Time:

• Transmit data electronically to host server.

• Support the use of ID cards or similar.

• Support division/department cost center and job change with code entry at time capturing device.

• Browser/web clock available for clock in/out and change cost center charge code via the web.

• Allow restrictions to be placed on the use of a terminal to certain employees at certain times of the day, and to certain accounts. In addition, allows some employees universal punch ability within prescribed security clearance.

• Allows supervisors an option to enter punches for employees in the event a card is misplaced.

• Synchronize all time capturing devices based on server time.

• Card reading devices shall have…