RFP 74BAI-S1476 Final 1~1.docx

STATE OF NEVADA

DEPARTMENT OF ADMINISTRATION

Purchasing Division 515 East Musser Street, Suite 300 │ Carson City, NV 89701 Phone: 775-684-0170 │ Fax: 775-684-0188

Request for Proposal: 74BAI-S1476

For

WORKERS’ COMPENSATION UNINSURED CLAIMS

ADMINISTRATION ACCOUNT

Release Date: February 16, 2021

Deadline for Submission and Opening Date and Time: March 16, 2021 @ 2:00 PM

Refer to Section 7, RFP Timeline for the complete RFP schedule

For additional information, please contact:

Nancy Feser, Purchasing Officer II

State of Nevada, Purchasing Division

515 E. Musser Street, Suite 300

Carson City, NV 89701

Email address: nfeser@admin.nv.gov

Refer to Section 8 for instructions on submitting proposals

VENDOR INFORMATION SHEET FOR RFP 74BAI-S1476

Vendor Shall:

A) Provide all requested information in the space provided next to each numbered question. The information provided in Sections V1 through V3 shall be used for development of the contract;

B) Type or print responses; and

C) Include this Vendor Information Sheet in Section III of the Technical Proposal.

Street Address:

City, State, Zip Code:

Telephone:

Fax:

Toll Free:

including address if different than above

Name:

Title:

Address:

Email Address:

Telephone Number:

Fax:

Name:

Title:

TABLE OF CONTENTS

Prospective vendors are advised to review Nevada’s ethical standards requirements, including but not limited to NRS 281A, NRS 333.800, and NAC 333.155.

All applicable Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) documentation can be found at: www.leg.state.nv.us/law1.cfm.

PROJECT OVERVIEW

The State of Nevada Purchasing Division on behalf of the Department of Business and Industry Division of Industrial Relations (DIR), Workers’ Compensation Section (WCS) is currently seeking proposals from qualified third-party workers’ compensation claim administrators (TPAs) for claims administration services for the Uninsured Employers’ Claim Account (UECA) workers’ compensation claims in Nevada.

The mission of the Division of Industrial Relations (DIR), Workers’ Compensation Section (WCS) is to impartially serve the interest of Nevada employers and employees by providing assistance, information, and a fair and consistent regulatory structure. This regulatory structure is focused on regulating Nevada’s workers’ compensation system to ensure that injured employees receive accurate and timely delivery of all workers’ compensation benefits to which they are entitled, and that insurers and third-party administrators consistently provide those benefits uniformly. Within this regulatory structure, WCS is also responsible for ensuring employer compliance with the mandatory coverage provisions set forth in Nevada Revised Statutes (NRS 616A-D and 617).

DIR, as the regulator of workers’ compensation matters, administers the UECA, which provides industrial insurance benefits to injured employees (and, in case of death, for their dependents) when their employers fail to carry industrial insurance at the time of the injuries. The UECA is funded by DIR’s assessments of Nevada workers’ compensation insurers. Those insurers pass the assessment costs in the form of increased premiums on to their insured, the Nevada employers who follow the law and obtain workers’ compensation insurance. Any recoveries received by the UECA (from the uninsured employer or a third-party tortfeasor) helps to reduce future assessments to Nevada employers.

The Vendor of these services shall be a qualified workers’ compensation third-party claims administration company (TPA) licensed by the Nevada Division of Insurance, or insurer other than a self-insured employer or association of self-insured public or private employers, which will investigate, administer, and manage all UECA workers’ compensation claims.

The resulting contract(s) will be for an initial contract term of two (2) years, anticipated to begin July 1, 2021, subject to Board of Examiners approval, with the option to renew for an additional two (2) years, subject to Board of Examiners subsequent approval.

GOALS AND OBJECTIVES

The objectives in meeting the primary goals of the UECA workers’ compensation claims include: work closely with the UECA claims coordinator, maintain and store claim file records, maintain all claim files in an electronic format, perform in-depth claim compensability investigations, maintain a current and pro-active system of claims, action planning and follow through that expedites claim resolution and minimizes cost, assist in preparation of all litigation proceedings related to claims, timely and completely prepare and file required reports, and keep complete and accurate records with each claim. The specific required services are outlined in greater detail within this request for proposal.

SCOPE OF WORK

The uninsured claims third-party administrator (Awarded Vendor) shall, during the term of this contract, render the services set forth below for the State of Nevada, DIR:

The awarded vendor shall provide goods and services specific to the needs and requirements of the UECA, including claims administration, claim investigation, case preparation for litigation purposes; case management; and bill review, processing and payment of all claim related benefits services.

VENDOR SERVICES

All uninsured workers’ compensation claims will be reported to the vendor by email as a zip file from the WCS Enforcement Unit. The vendor shall be responsible to notify providers of medical treatment and other services given to injured workers of their location and the method by which other vendors will report.

Inform employers and injured employees of their rights and benefits under Nevada Revised Statutes (NRS 616 A-D and 617) and Nevada Administrative Codes (NAC 616 A-D and 617) and communicate with the injured worker on a regular basis throughout the duration of the claim.

Vendor must provide and maintain a problem and escalation procedure for both routine and emergency situations. The procedure must show how the vendor will address problem situations as they occur during the performance of the contract.

Vendor shall assign an Senior adjuster to handle the UECA workers’ compensation claims. Adjuster trainees and claim assistants are not acceptable for handling of the UECA workers’ compensation claims.

Vendor shall immediately notify the UECA claims coordinator of changes in the assigned adjuster.

1.1.1 Assume the complete handling of all open claims as well as new claims originating from the effective date of this contract. It is required that claims data and any and all other documentation (open and closed) associated with all current and prior claims be converted into the vendor’s electronic claims system to ensure future DIR loss runs will contain a complete history of all claim years.

PROGRAM DEVELOPMENT

1.1.2 Within thirty (30) calendar days of the award of the contract, with input and agreement of the DIR, vendor shall develop a Claims Handling Protocol document delineating handling of claims in the following areas: processing UECA claims to ensure coordination in investigations and follow up of all industrial injuries by accident and occupational diseases, issue timely claim determinations, medical treatment, litigation support, establishment and maintenance of reserves, accurate and timely payment of bills to ensure no duplicate payments, timely payment of any and all workers’ compensation benefits, contact information of staff, expectations and process descriptions.

Periodically, or upon request, meet with the DIR personnel who may need to review procedures or may require updates regarding procedures.

Provide appropriate supplies of forms needed for adequate claims administration.

Ensure the vendor’s electronic claims system is accessible by designated DIR personnel upon the effective date of the contract.

MEDICAL COST CONTROL

It shall be the responsibility of the Vendor to maximize the potential cost savings to the DIR through the use of cost containment services and strategies.

The vendor will select health care providers from DIR’s workers’ compensation treating panel and will work with these providers to ensure adequate and prompt treatment of workers’ compensation claimants, and timely initial and progress reporting.

All medical bills will be reviewed to ensure they have been submitted timely and include the required medical report. Any questionable items will be returned to the health care provider for clarification.

All timely and complete medical bills will be reviewed to ensure that they have been reduced to the Nevada Medical Fee Schedules and a managed care discount has been applied where applicable. The bills will be further reviewed to ensure that the charges are only for treatment required for the accepted industrial injury or occupational disease and will then be processed for payment.

The vendor will promptly pay all medical bills in accordance with NRS 616C.136.

Vendor shall identify and reduce all duplicate billing.

Any questionable and/or late bill submissions recommended for payment, must be approved by the UECA claims coordinator. Vendor must provide the rationale supporting documents to substantiate payment for the bill.

Request for all outside case management services utilized, including, but not limited to, nurse case management and special investigation services, must be discussed with and approved by the UECA claims coordinator in advance.

CLAIM PROCESSING

The vendor will review, and process all claims for workers’ compensation benefits in accordance with requirements of Nevada law. See Attachment H - Uninsured Claims to this RFP is claim loss information of all claims supplied by the current Uninsured Claims TPA (Nevada Alternative Solutions, Inc.) and claims administrated by the previous Uninsured Claims TPA (Sierra Nevada Administrators). In processing administration claims, the awarded vendor will:

Assume the complete handling of all open claims as well as new claims originating from the effective date of this contract. It is required that claims data and any and all other documentation (open and closed) associated with all current and prior claims be transferred into the vendors electronic claims system to ensure future DIR loss runs will contain a complete history of all claim years. Transfer of all claims data, information, or files must occur within the first 30 days of contract start date.

Assume responsibility for the transfer from the previous vendor of all open and closed claims, while maintaining claim file completeness, coherence and integrity.

Assume the responsibility for management of all open claims. DIR will be responsible for the storage of all closed claims files.

Assume the responsibility for the administration of all claims assigned by DIR to the UECA after the effective date of the contract.

Promptly review, compute and timely pay all benefits, rating awards, life medical and life pensions, in accordance with Nevada law.

Arrange and supervise rehabilitation programs, assigning rehabilitation service vendors when appropriate.

Manage medical and vocational rehabilitation cases, in accordance with sound claims, medical practices and adopted American College of Occupational and Environmental Medicine (ACOEM) guidelines.

Provide acknowledgement upon the receipt of each claim. The acknowledgement shall include the following: claim number, claimant’s name and date of loss.

Submit all required D-38 Claims Indexing data for individual claims via the DIR’s web portal or in bulk via flat file.

INVESTIGATIONS

All claims, including medical only and lost time claims, shall be thoroughly investigated to determine compensability and include contact with the employer, injured employee, witnesses and treating physician. The vendor shall address issues affecting compensability, possibility of subrogation, extent of injuries and benefits in order to assist in litigated cases.

Upon receipt of the claim, the vendor shall make contact or make reasonable attempts to contact the following individuals within the following parameters:

Vendor shall conduct three-point contacts by telephone completed by the senior adjuster to the employer, injured employee and legal representation, (if represented by an attorney) and medical provider on all new claims within three (3) working days of receiving the claim but no later than five (5) working days.

When contacting the employer, the vendor shall obtain the facts of the accident, identify and obtain information of any witnesses, discuss with the employer if there’s subrogation potential, inquire if the employer has knowledge of any prior claims, verify and address the disability status of the employee, have the employer provide a description of the employee’s job duties, confirm the availability of modified duty and request wage history.

1.1.3 When contacting the injured employee and their legal representative (if represented by an attorney) the vendor shall obtain the facts of the accident, identify and obtain information of any witnesses, discuss with the employee if there is subrogation potential, inquire of the employee of any prior injuries diseases and/or pre-existing conditions, verify and address disability status of the employee and gather information regarding treatment and prognosis.

Contact current medical provider(s) to obtain information regarding treatment, prognosis and work status.

Obtain current medical records and past medical records if the employee has a history of prior injury claims or prior medical conditions.

Obtain consent for release of personal medical records and retrieve those records.

Obtain police report, if applicable.

Provide facts to support possible subrogation.

Obtain information on any responsible third parties when subrogation is possible.

Obtain any other information that will have an impact on the outcome of the claim.

A summary of all the information obtained during the claim investigation must be included in the claim notes.

The DIR shall be kept informed on the scope and results of all investigations. All activities shall be clearly documented in the claim file.

All actual and attempted contacts shall be documented in the claim notes by the vendor.

Vendor shall request a report from the Index Bureau, the successor to the State Industrial Insurance System and/or another comprehensive all-claims database and system for claims process and fraud detection on all new claims at the initial set up of a claim. Subsequent request should be made every six (6) to twelve (12) months thereafter on all active indemnity claims. A copy of the report and all records received will be retained within the claim file.

Vendor shall request claims indexing information from the WCS Claims and Regulatory Data System (CARDS). A copy of the report shall be retained within the claim file.

Information received back from the WCS CARDS Claims Index, the Index Bureau and all other comprehensive all-claim database systems shall be followed up on promptly by requesting medical records and claim files.

FILE DOCUMENTATION

The claim file must speak for itself. Proper file documentation benefits the DIR by providing clear and concise information regarding the current status of a claim. Successful resolution of a claim is more likely if the file is properly documented. Information to be documented in the UECA claim files, includes:

All claim activities, events, and actions and claim facts.

Initial Action Plan must be clearly documented in the claim notes within 14 days from receipt of the claim.

In the activity notes, the vendor shall document and confirm all communications accurately and include to whom the vendor communicated and that party’s title and their relationship to the claim. Detail the issues discussed and any decisions or agreements reached between the vendor and the other party.

Any letter, documents, telephone calls that prompt action must have a corresponding note.

All claim files must contain written Action Plans to be updated every 90 days or sooner as needed. All Action Plans must be comprehensive and list specific steps to bring each claim to closure as expeditiously as possible at the lowest possible cost.

Summarize relevant reports such as Independent Medical Examinations (IME), Permanent Partial Disability (PPD) Impairment Ratings and Functional Capacity Evaluations (FCE) and investigations.

Document every action and event, no matter how insignificant it may seem.

Claim notes shall clearly outline how the indemnity benefits were calculated.

Temporary modified/light duty must be documented in the claim notes and should include medical diagnosis, physical work restriction(s) and estimated duration of restriction(s), if a light duty job is available.

Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Vocational Rehabilitation maintenance (VR) and Permanent Total Disability (PTD) payments must be documented in the claim notes and indicate estimated duration of benefits.

All overpayments and underpayments must be clearly documented and addressed in claim notes.

Any questionable and/or late bill submissions approved for payment, must include rationale in the claim notes and supporting documents in the claim file to substantiate payment for the bill.

Vendor must address and clearly document whether subrogation is applicable or not in all claim files.

CLAIM COMPENSABILITY

The vendor shall conduct a complete and timely investigation to determine claim compensability, nature and extent of injuries, apportionment issues and subrogation potential.

Upon receipt of the C-4 (Claim for Compensation Form) from DIR, the vendor will initiate claim investigation to determine claim compensability.

Promptly review and determine the compensability of claims and appropriate benefits, in accordance with Nevada law.

Prior to the denial of compensability of any claim, the adjuster must discuss the case with the UECA claims coordinator.

The compensability determination and the reasons for such determination will be made and clearly documented in the claim notes.

Provide copies of all compensability determination letters to the Department of Business and Industry Fiscal Unit and the UECA claims coordinator that are sent to injured employees on the same day the original is sent to the injured employee.

Prior to reopening any previously closed claims, the adjuster must discuss and provide the rationale with the UECA claims coordinator.

When a previously closed claim is reopened, the vendor shall send a copy of the reopening notice to the Department of Business and Industry Fiscal Unit and the UECA claims coordinator at the same time at which the notice is delivered to the injured employee.

SUBROGATION

Investigate the causes of injury or illness, and recommend subrogation, with recommendation notification to DIR legal and the UECA claims coordinator.

Review every claim for subrogation potential and identify claims with opportunities for subrogation against liable third parties to protect the UECA fund.

Identify and document possible third-party interests or involvement relative to the accident, injury or loss in question.

Obtain photographs, diagrams, documents or observations, which support third party involvement.

Interview claimants, employers, insureds, witnesses, or other persons able to provide third party information relative to the accident, injury or loss in question.

Acquire and secure for further analysis, items of evidence as appropriate.

Vendor will promptly give notice to DIR legal and the UECA claims coordinator for each case indicating a potential for subrogation.

Vendor will put the relevant parties on notice of the intent to subrogate.

1.1.4 Vendor shall notify DIR legal of any third-party litigation filed on behalf of claimant upon receipt. DIR legal shall file lien notices in pending litigation to protect the DIR’s interests in rights of recovery from third-party tortfeasors.

Any and all potential recovery shall be documented in the claim notes.

RESERVES

Promptly establish reserves on claims based upon medical and factual reporting, anticipated medical treatment, anticipated length of temporary disability, expected permanent residual impairment, age and occupation of the worker, anticipated and pension or survivors’ benefits, and Nevada law.

Reserves shall be established based upon the potential cost of each claim.

Any changes to reserves shall include an explanation for the change.

All reserves categories shall be reviewed on a regular basis but at least every ninety (90) days. Such reserves shall be indicated in the claim notes.

LITIGATION

The vendor shall prepare files and submit documentation in the media format DIR requires, and vigorously represent the DIR at Department of Administration Hearing Officer hearings and cooperate with DIR in preparation at Department of Administration Appeals Officer hearings.

Vendor shall ensure that all cases are properly prepared prior to hearing.

Vendor shall email copies of all Notice of Hearings, Notice of Appeals and Decision and Orders to the Department of Business and Industry Fiscal Unit and the UECA claims coordinator.

The vendor shall notify the UECA claims coordinator in writing of all hearing outcomes, through a written report and make recommendations regarding the merits of appealing outcomes at no additional charge to the DIR.

When vendor is recommending an appeal of a Hearings Officer’s Decision and Order, vendor shall notify the UECA claims coordinator via email to request assignment to DIR legal and provide the rationale for the recommendations to appeal the Hearings Officer Decision and Order. The UECA claims coordinator will forward the request to DIR legal with recommendations and DIR legal will make the determination if they will the accept the assignment or not.

Vendor shall provide DIR legal counsel with a complete copy of the case file in question when assignment is approved by DIR.

Timely provide all requested assistance to DIR legal counsel on cases requiring action before the Department of Administration, Hearing Division, Appeal Officer level in the State of Nevada and subsequent appeals. In the event legal counsel other than DIR counsel is utilized, attorney fees will be charged as an administrative expense which is allocated to the claim. Vendor will not utilize legal counsel other than DIR counsel unless DIR Legal approves the utilization in writing, in advance.

COST AND CLAIM ANALYSIS REPORTS

To assist the DIR with data needed to discharge obligations DIR may have in the area of assessments, and surety bonds, the vendor will:

Prepare and submit Monthly Claims Activity Reports showing all claims activity for the month. These reports shall be Excel format and shall be search, sort and filter capable. The reports should include the following:

Claimant’s name Loss Date Claim number Compensation, including medical expenses, paid during the month and cumulatively to date Reserves Claim status information: Open Date, Closed Date and Reopened Date Claim Type Financial Activity Number of new claims for the month Number of closed claims for the month Number of reopened claims for the month Number of Indemnity claims Number of Medical only claims End of Period: Ending Open claims and Ending Closed claims

Prepare and submit Monthly Financial Reconciliation computer reports to Department of Business and Industry Fiscal Unit and the UECA claims coordinator. These reports shall be in Excel format and shall have the capability to search, sort and filter data. The reports should include the following:

Total disbursements which cleared, by date and claimant/payee;

Payment Details to include: check number, check date, type of payment, payee name;

Claim Details to include: claim number, claimant name;

Totals: Amount paid;

Total number of payments, reversals, reinstatements, refunds, reversed refunds; and

Net Amount

All monthly reports will be emailed to the UECA claims coordinator within three business days of the month following the close of the reporting month.

Prepare and provide an alphabetized Quarterly Master Claims Listing report to Department of Business and Industry Fiscal Unit and the UECA claims coordinator, which includes the name and address of the claimant’s employer, name of injured employee, date of injury, claim number and claim status

Prepare and provide the following Quarterly reports to the UECA claims coordinator:

Claim Status Summary Reports with Narratives on all Indemnity and Litigated claims; and

Loss Run Report

All quarterly reports will be emailed to the UECA claims coordinator within three business days of the month following the close of the reporting quarter.

Reporting quarters end on the last date of the following months:

Prepare a computerized weekly Check Register and Payment Distribution report.

Prepare and file annual Fiscal Year Claims Activity reports.

Annual loss run reports will be emailed to the UECA claims coordinator on the first Monday of July.

Prepare and deliver to Internal Revenue Service an annual Miscellaneous Income tax Form 1099-MISC on behalf of DIR.

Vendor shall be responsible for generating and mailing Form 1099s to vendors and providers.

On behalf of the State and DIR, provide all reporting data to the Coordination of Benefits Contractor for the Center for Medicare and Medicaid Services as required by Section 111 of the Medicare, Medicaid and State Children’s’ Health Insurance Program (SCHIP) Extension Act of 2007.

File all reports, and data calls as required by the Department of Business and Industry, DIR, DOI and its subsidiary agencies.

CLAIMS MANAGEMENT INFORMATION SYSTEM

A claims management system is an integral part of the Workers’ Compensation program, access to adjuster file notes and all documents related the claim of the injured employee is required. The vendor’s electronic claims system must have the following abilities:

Vendor will be required to maintain all claim files in an electronic format. Electronic access will be provided at no additional charge to DIR.

Vendor shall electronically maintain imaged claim documents, in chronological order, to include all correspondence, written determinations, DIR/WCS mandated forms, all litigation documents; medical reports, medical bills and explanations of benefits that were created when bills were paid in chronological order.

Imaged claim documents shall be clearly and consistently labeled in easily identifiable and searchable categories.

Provide six (6) designated DIR staff users remote access to the claim files in a manner that allows real-time access to data, documents and information available to adjusters.

Vendor shall ensure that required data, documentation, and payments are posted to each claim file in an accurate and timely manner.

Vendor shall produce a paper or electronic copy of the claim file at the request of the DIR.

Vendor must provide claim data in real-time or upload every 24 hours.

System must be able to generate monthly, quarterly, annual and ad-hoc reports and should be able to provide the data necessary for submitting D-38 Claims Indexing data for individual claims via the DIR’s web portal or in bulk via flat file.

Vendor will be required to import and convert all the historical data, documents and financial elements of all the UECA workers’ compensation claim files open or closed into its electronic claims system.

Vendor shall provide training for use of the computer system at no additional charge.

All refinements, updates and modifications to the claims management information system will be at the expense of the selected vendor.

FILE MAINTEANCE

Complete records of fact and cost data will be maintained by vendor’s office located closest to DIR’s Las Vegas office.

Claim files will be available for review during normal business hours in the appropriate vendor office, or specified files will be transported to the DIR office in conjunction with periodic meetings.

Establish claim files containing complete claims documentation, in accordance with Nevada law and NAC 616C.088.

Ensure that uninsured claims files are kept and managed by a qualified and competent administrator located in the State of Nevada which has a valid certificate issued by the Commissioner of Insurance pursuant to NRS 683A.085.

GENERAL

The Division has appointed the UECA claims coordinator to coordinate the activities related to this project. The UECA claims coordinator will provide on-going direction and oversight to the vendor. The UECA claims coordinator coordinates all funding requests related to the UECA claims and oversees the management of the claims by the TPA to ensure that injured employees receive accurate and timely delivery of all workers’ compensation benefits to which they are entitled.

When there is a discussion regarding the handling of the claim, the claim notes should reflect the names and current position of the parties participating as well as the ultimate decision or plan which results from the meeting.

1.1.5 Vendor shall make all medical appointments to ensure that all necessary medical reports are provided in chronological order based on date of service to treating physician, rating physician, independent medical examination or consulting physician.

When a UECA claim is closed, the vendor shall send a copy of or deliver by electronic transmission the closure notice to the Department of Business and Industry Fiscal Unit and the UECA claims coordinator at the same time at which the notice is delivered to the injured employee.

In the event of termination or nonrenewal of this contract, vendor shall provide DIR or its new vendor the necessary assistance to complete a smooth transition. The vendor will provide the DIR or its new vendor, final computerized reports in a format which is usable and agreed upon by the DIR, providing claims listings, totals amounts spent, and other loss information as required. In addition, vendor will comply with all applicable regulations pertaining to insurer, third-party administrator claims file transfer obligations.

In collaboration with the State Treasurer, the vendor will be responsible to set up a State checking account out of which all claims payments will be made. This account will be funded by the Department of Business & Industry on an as needed basis. These funds will be deposited only after the DIR claims coordinator and the Department of Business and Industry Fiscal Unit has reviewed and approved a preliminary check register provided by the vendor. The Department of Business and Industry Fiscal Unit will process funding requests within 3 working days of receipt. A mutually agreed upon method of fund transfer shall be established upon selection of the vendor of uninsured claims administrative services.

DIR will grant specific privileges to vendor for indexing claims and submitting information into the Claims and Regulatory Data System (CARDS).

At this point there is no excess insurance in place for uninsured claims. However, in the event the DIR purchases excess insurance coverage, the vendor will comply with excess carrier requirements on behalf of the DIR.

Provide initial and follow-up training to DIR personnel on the vendor’s database and other electronic systems as requested by DIR.

The vendor shall obtain DIR’s authorization on all settlements, including permanent partial disability, vocational rehabilitation lump sum buyouts or permanent total disability as well as any future medical benefits.

3Provide DIR with direct access to a claims adjuster in the vendor’s office who is responsible for the administration of the uninsured claims.

The vendor will perform other advisor and administrative duties to assist the DIR in the administration of the uninsured claims.

COMPANY BACKGROUND AND REFERENCES

VENDOR INFORMATION

Vendors shall provide a company profile in the table format below.

Company name:

Ownership (sole proprietor, partnership, etc.):

State of incorporation:

Date of incorporation:

# of years in business:

# of years’ operating in Nevada:

List of top officers:

Location of company headquarters, to include City and State:

Location(s) of the office that shall provide the services described in this RFP:

Number of employees locally with the expertise to support the requirements identified in this RFP:

Number of employees nationally with the expertise to support the requirements in this RFP:

Location(s) from which employees shall be assigned for this project:

Pursuant to NRS 333.3354, the State of Nevada awards a five percent (5%) preference to a vendor certifying that its principal place of business is in Nevada. The term ‘principal place of business’ has the meaning outlined by the United States Supreme Court in Hertz Corp v. Friend, 559 U.S. 77 (2010), typically meaning a company’s corporate headquarters. This preference cannot be combined with any other preference, granted for the award of a contract using federal funds, or granted for the award of a contract procured on a multi-state basis. To claim this preference a business must submit a letter with its proposal showing that it qualifies for the preference.

Please be advised, pursuant to NRS 80.010, a corporation organized pursuant to the laws of another state shall register with the State of Nevada, Secretary of State’s Office as a foreign corporation before a contract can be executed between the State of Nevada and the awarded vendor, unless specifically exempted by NRS 80.015.

The selected vendor, prior to doing business in the State of Nevada, shall be appropriately licensed by the State of Nevada, Secretary of State’s Office pursuant to NRS 76. Information regarding the Nevada Business License can be located at http://nvsos.gov.

Nevada Business License Number:

Legal Entity Name:

Is “Legal Entity Name” the same name as vendor is doing business as?

Yes

No

If “No”, provide explanation.

Has the vendor ever been engaged under contract by any State of Nevada agency?

Yes

No

If “Yes”, complete the following table for each State agency for whom the work was performed. Table can be duplicated for each contract being identified.

Name of State agency:

State agency contact name:

Dates when services were performed:

Type of duties performed:

Total dollar value of the contract:

Are you now or have you been within the last two (2) years an employee of the State of Nevada, or any of its agencies, departments, or divisions?

Yes

No

If “Yes”, please explain when the employee is planning to render services, while on annual leave, compensatory time, or on their own time?

If you employ (a) any person who is a current employee of an agency of the State of Nevada, or (b) any person who has been an employee of an agency of the State of Nevada within the past two (2) years, and if such person shall be performing or producing the services which you shall be contracted to provide under this contract, you shall disclose the identity of each such person in your response to this RFP, and specify the services that each person shall be expected to perform.

Disclosure of any significant prior or ongoing contract failures, contract breaches, civil or criminal litigation in which the vendor has been alleged to be liable or held liable in a matter involving a contract with the State of Nevada or any other governmental entity. Any and all regulatory action, initiated through complaint or audit with the Division of Insurance and/or the Division of Industrial Relations, including, but not limited to notices of corrections, administrative fines, benefit penalties and three-time penalties. Any pending claim or litigation occurring within the past six (6) years which may adversely affect the vendor’s ability to perform or fulfill its obligations if a contract is awarded as a result of this RFP shall also be disclosed.

Does any of the above apply to your company?

Yes

No

If “Yes”, please provide the following information. Table can be duplicated for each issue being identified.

Date of alleged contract failure or breach:

Parties involved:

Description of the contract failure, contract breach, or litigation, including the products or services involved:

Amount in controversy:

Resolution or current status of the dispute:

Status of the litigation:

Vendors shall review and provide if awarded a contract the insurance requirements as specified in Attachment D, Insurance Schedule for RFP 74BAI-S1476.

Company background/history and why vendor is qualified to provide the services described in this RFP. Limit response to no more than five (5) pages.

Provide a brief description of the length of time vendor has been providing services described in this RFP to the public and/or private sector.

Financial information and documentation to be included in accordance with Section 8.5, Part III – Confidential Financial Information.

Dun and Bradstreet Number

Federal Tax Identification Number

The last two (2) years and current year interim:

Profit and Loss Statement Balance Statement

SUBCONTRACTOR INFORMATION

Subcontractors are defined as a third party, not directly employed by the contractor, who shall provide services identified in this RFP. This does not include third parties who provide support or incidental services to the contractor.

Does this proposal include the use of subcontractors?

Yes

No

If “Yes”, vendor shall:

Identify specific subcontractors and the specific requirements of this RFP for which each proposed subcontractor shall perform services.

If any tasks are to be completed by subcontractor(s), vendors shall:

Describe how the work of any subcontractor(s) shall be supervised, channels of communication shall be maintained and compliance with contract terms assured; and

Describe your previous experience with subcontractor(s).

Provide the same information for any proposed subcontractors as requested in Section 3.1, Vendor Information.

Vendor shall not allow any subcontractor to commence work until all insurance required of the subcontractor is provided to the vendor.

Vendor shall notify the using agency of the intended use of any subcontractors not identified within their original proposal and provide the information originally requested in the RFP in Section 3.2, Subcontractor Information. The vendor shall receive agency approval prior to subcontractor commencing work.

BUSINESS REFERENCES

Vendors shall provide a minimum of three (3) business references from similar projects performed for private and/or public sector clients within the last three (3) years.

Vendors shall submit Attachment E, Reference Questionnaire to their business references.

It is the vendor’s responsibility to ensure that completed forms are received by the Purchasing Division on or before the deadline as specified in Section 7, RFP Timeline for inclusion in the evaluation process. Reference Questionnaires not received, or not complete, may adversely affect the vendor’s score in the evaluation process.

The State reserves the right to contact and verify any and all references listed regarding the quality and degree of satisfaction for such performance.

VENDOR STAFF RESUMES

A resume shall be completed for each proposed key personnel responsible for performance under any contract resulting from this RFP per Attachment F, Proposed Staff Resume.

COST

Cost information shall not be included with the vendor's Technical Proposal, please refer to Section 8, Proposal Submission Requirements, Format and Content.

Proposers shall clearly identify the services that are included in the basic fee structure, as well as services that are provided in addition to or outside of the standard fee. Cost Schedule - Attachment G

Any cost, fees or expenses that’s not provided in the proposer’s cost proposal will be assumed at no additional charge to the DIR.

FINANCIAL

PAYMENT

Upon review and acceptance by the State, payments for invoices are normally made within 45 – 60 days of receipt, providing all required information, documents and/or attachments have been received.

Pursuant to NRS 227.185 and NRS 333.450, the State shall pay claims for supplies, materials, equipment and services purchased under the provisions of this RFP electronically, unless determined by the State Controller that the electronic payment would cause the payee to suffer undue hardship or extreme inconvenience.

BILLING

The State does not issue payment prior to receipt of goods or services.

The vendor shall bill the State as outlined in the approved contract and/or payment schedule.

The State presently has a Procurement Card Program that participating State agencies may use to pay for some of their purchases. The Program is issued through a major financial institution and is treated like any other major credit card. Using agencies may desire to use the card as a method of payment. No additional charges or fees shall be imposed for using the card. Please indicate in your proposal response if you will accept this method of payment.

TIMELINESS OF BILLING

The State is on a fiscal year calendar. All billings for dates of service prior to July 1 shall be submitted to the State no later than the first Friday in August of the same year. A billing submitted after the first Friday in August that forces the State to process the billing as a stale claim pursuant to NRS 353.097, shall subject the contractor to an administrative fee not to exceed $100.00. This is the estimate of the additional costs to the State for processing the billing as a stale claim and this amount shall be deducted from the stale claims’ payment due the contractor.

WRITTEN QUESTIONS AND ANSWERS

The Purchasing Division shall accept questions and/or comments in writing regarding this RFP as noted below:

QUESTIONS AND ANSWERS

All questions regarding this RFP should be submitted using the Bid Q&A feature in NevadaEPro.

To access the Bid Q&A:

Log into your Seller account on NevadaEPro.

Click the Bids Tab in the header.

Click View under Bid Q&A on the appropriate Bid Solicitation under the Open Bids section.

The deadline for submitting questions is as specified in Section 7, RFP Timeline.

All questions and/or comments shall be addressed using the Bid Q&A in NevadaEPro. If questions and answers require a material change to the Bid Solicitation, an Amendment will be posted in NevadaEPro and you will receive email notification.

RFP TIMELINE

The following represents the proposed timeline for this project. All times stated are Pacific Time (PT). These dates represent a tentative schedule of events. The State reserves the right to modify these dates at any time. The State also reserves the right to forego vendor presentations and select vendor(s) based on the written proposals submitted.

PROPOSAL SUBMISSION REQUIREMENTS, FORMAT AND CONTENT

GENERAL SUBMISSION REQUIREMENTS

Vendors shall submit their proposals by using Create Quote through the State electronic procurement website, https://NevadaEPro.com, in accordance with the instructions below.

Refer to Instructions for Vendors Responding to a Bid in the Important Links section on the front page of NevadaEPro for instructions on how to submit a Quote using NevadaEPro.

The Quote/Proposal shall contain a maximum of four (4) attachments which may include:

Technical Proposal Confidential Technical (if applicable) Cost Proposal (if applicable) Confidential Financial (if applicable)

Note: Under the Items Tab the NevadaEPro system defaults to ‘No Bid’. Proposing vendors must uncheck the ‘No Bid’ box and that will allow the system to default to ‘See Quote Attachments’.

Proposals shall have a technical response, which may be composed of two (2) parts in the event a vendor determines that a portion of their technical response qualifies as “confidential” per NRS 333.020 (5) (b).

If complete responses cannot be provided without referencing confidential information, such confidential information shall be provided in accordance with Section 8.3, Part IB – Confidential Technical Proposal and Section 8.5, Part III Confidential Financial Information.

Specific references made to the section, page, and paragraph where the confidential information can be located shall be identified on Attachment A, Confidentiality and Certification of Indemnification and comply with the requirements stated in Section 8.6, Confidentiality of Proposals.

Proposals that do not comply with the requirements may be deemed non-responsive and rejected at the State’s discretion.

Although it is a public opening, only the names of the vendors submitting proposals shall be announced per NRS 333.335(6). Technical and cost details about proposals submitted shall not be disclosed.

Assistance for persons who are disabled, visually impaired or hearing-impaired who wish to attend the RFP opening is available. If special arrangements are necessary, please notify the Purchasing Division designee as soon as possible and at least two (2) days in advance of the opening.

For ease of evaluation, the technical and cost proposals shall be presented in a format that corresponds to and references sections outlined within this RFP and shall be presented in the same order. Written responses shall be in bold/italics and placed immediately following the applicable RFP question, statement and/or section.

Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Expensive color displays, promotional materials, etc., are not necessary or desired. Emphasis shall be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content.

For purposes of addressing questions concerning this RFP, the sole contact shall be the Purchasing Division as specified on Page 1 of this RFP. Upon issuance of this RFP, other employees and representatives of the agencies identified in the RFP shall not answer questions or otherwise discuss the contents of this RFP with any prospective vendors or their representatives. Failure to observe this restriction may result in disqualification of any subsequent proposal per NAC 333.155(3). This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

Any vendor who believes there are irregularities or lack of clarity in the RFP or proposal requirements or specifications are unnecessarily restrictive, or limit competition shall notify the Purchasing Division, in writing, as soon as possible, so that corrective addenda may be furnished by the Purchasing Division in a timely manner to all vendors.

If a vendor changes any material RFP language, vendor’s response may be deemed non-responsive per NRS 333.311.

The vendor understands and acknowledges that the representations made in its proposal are material and important and shall be relied on by the State in its evaluation of a proposal. Any misrepresentation by a vendor shall be treated as fraudulent concealment from the State of the true facts relating to the proposal.

PART IA – TECHNICAL PROPOSAL

The Technical Proposal shall not include cost and/or pricing information. Cost and/or pricing information contained in the technical proposal may cause the proposal to be rejected.

Using Create Quote in NevadaEPro, vendors shall provide one (1) PDF Technical Proposal on the Attachments Tab that includes the following:

Section I – Title Page with the following information:

Part IA – Technical Proposal

Vendor Name:

Address:

Section II – Table of Contents

An accurate and updated table of contents shall be provided.

Section III – Vendor Information Sheet

The vendor information sheet shall be completed and signed by an individual authorized to bind the organization.

Section IV – State Documents

The State documents section shall include the following:

The signature page from all amendments signed by an individual authorized to bind the organization.

Attachment A – Confidentiality and Certification of Indemnification signed by an individual authorized to bind the organization.

Attachment B – Vendor Certifications signed by an individual authorized to bind the organization.

Attachment H – Certification Regarding Lobbying signed by an individual authorized to bind the organization.

Copies of any vendor licensing agreements and/or hardware and software maintenance agreements.

Copies of applicable certifications and/or licenses.

Section V – Scope of Work

Vendors shall place their written response(s) to Section 2, Scope of Work in…