DPA Solicitation #:

RFP AAAA 2018 - 0166

RFP for Disability Funding Committee

License Plate Auction Services

RFP# AAAA 2018 - 0166 Page 1 of 23

Contents

APPENDIX A - ADMINISTRATIVE INFORMATION DOCUMENT

APPENDIX B - DRAFT CONTRACT

APPENDIX C - W-9

INTRODUCTION

General information The Colorado Department of Personnel & Administration (Department or DPA) and the Disability Funding Committee (DFC) are soliciting competitive, responsive proposals from experienced and financially sound organizations to perform as an auctioneer and marketing company.

The DFC/DPA own the right to approximately 16,000 unique and valuable Registration Numbers as defined in 24-30-2202, C.R.S. and 24-30-2205.5, C.R.S., examples of such Registration Numbers could be R2D2, Luv2Ski, or 007, etc. The State seeks a Contractor to conduct online auctions for these custom/vanity license plates. The Contractor will manage the State’s license plate (“Registration Number”) inventory and suggest prices for different Registration Numbers, the State should have the ability to view the inventory in real time. The Contractor should also have the ability to develop the market for these Registration Numbers and ensure maximum exposure and generate public interest.

The DFC’s goal is to maximize revenue from these assets and is interested in the marketing plan as well as auction/sale solution. The DFC will review and approve any marketing plan before implementation.

Anticipated Contract Term The Contractor’s start-up period is anticipated to begin on February 1, 2018 and end on June 30, 2019.

The initial operational period of the Contract is anticipated to begin at the end of the start-up period and will last for 1 year.

The total duration of the Contract, from the Operational Start Date until termination, and including the Department’s exercise of any options, is not anticipated to exceed 5 years. The Department may extend the Contract beyond the anticipated term in this subsection, in accordance with the Colorado Procurement Code and its implementing rules, in the event that the DFC/DPA determines the extension is necessary to align the Contract with other Department contracts, to address State programmatic or policy changes related to the Contract or to provide sufficient time to transition the Work.

TERMINOLOGY and DEFINITIONS Acronyms, abbreviations and other terminology Acronyms and abbreviations are defined at their first occurrence in this Request for Proposals (RFP). The following list is provided to assist the reader in understanding acronyms, abbreviations and terminology used throughout this document.

Business Day - Any day in which the State is open and conducting business, but shall not include Saturday, Sunday, or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S.

Business Interruption - Any event that disrupts the Contractor’s ability to complete the Work for a period of time, and may include, but is not limited to a Disaster, power outage, strike, loss of necessary personnel or computer virus.

Closeout Period - The period beginning on the earlier of ninety (90) days prior to the end of the last renewal year of the Contract or notice by the DFC/DPA of non-renewal and ending on the day that the DFC/DPA has accepted the final deliverable for the Closeout Period and has determined that the final transition is complete.

Contract - The agreement that is entered into as a result of this solicitation.

Contractor - The individual or entity selected as a result of this solicitation to complete the Work contained in the Contract.

Department or DPA - The Colorado Department of Personnel & Administration, a department of the government of the State of Colorado.

Disability Funding Committee (“DFC”) – as defined in 24-30-2201, C.R.S. Offerors are encouraged to review the statute for an understanding of the DFC’s role and position within the State.

Disaster - An event that makes it impossible for the Contractor to perform the Work out of its regular facility, and may include, but is not limited to, natural disasters, fire or terrorist attacks.

Effective Date - The effective date defined in the Contract.

Extension Term - The periods defined in the Contract as Extension Terms, and include all periods of time following the end of the Initial Term but before the expiration or earlier termination of the Contract.

Initial Term - The period defined in the Contract as the Initial Term, which includes the Start-Up Period and the initial operational period described in Section 1.2.2 of this RFP.

Key Personnel - The position or positions that are specifically designated as such in the Contract.

Offeror - Any individual or entity that submits a proposal, or intends to submit a proposal, in response to this solicitation.

Operational Start Date - When the DFC/DPA authorizes the Contractor to begin fulfilling its obligations under the Contract.

Other Personnel - Individuals and Subcontractors, in addition to Key Personnel, assigned to positions to complete tasks associated with the Work.

Registration Number – the unique combination of letters and numbers assigned to a vehicle by the DMV under section 42-3-201, C.R.S., and required to be displayed on the license plate by section 42-3-202, C.R.S.

SFY or State Fiscal Year. The 12-month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year.

Start-Up Period - The period from the Effective Date, until the Operational Start Date.

Subcontractor - Third-parties, if any, engaged by Contractor to aid in performance of its obligations under the Contract.

Work - The tasks and activities Contractor is required to perform to fulfill its obligations under the Contract, including the performance of any services and delivery of any goods.

BACKGROUND INFORMATION and Overview Scope of Work the department of Personnel & Administration The DFC was created within DPA, 24-30-2203, C.R.S. and resides within the DPA. As such, references to DPA necessarily include the DFC. The DFC will appoint a primary contact to work directly with the Contractor.

The Department provides centralized human resources, information, tools, resources and materials needed for the State of Colorado government to function. The Department provides the infrastructure by which the rest of State government operates. The programs and services provided by DPA are vitally important to the efficient and effective operation of State government. For more information about the Department, visit www.Colorado.gov/DPA.

The services solicited in this RFP will help the DFC generate funds which will be spent to further the objectives of the Laura Hershey Disability Support Act see 24-30-2201, C.R.S.

The Contractor will help the Department sell the right to use Registration Numbers that are likely to be worth more than the average value of a Registration Number.

The Contractor will provide an auction site which will allow prospective buyers to purchase the right to use Registration Numbers. The auction site should be accessible via computer or mobile device.

The Contractor is charged with studying the market to determine what Registration Numbers are likely to be valuable and which Registration Numbers are likely to be worth substantially more than the average value of a Registration Number. The Contractor will sell valuable Registration Numbers either for a fixed price or by auction. The Contractor will auction Registration Numbers worth substantially more than the average value.

The DFC may sell the right to use additional Registration Number options as authorized by statute, such as historically issued backgrounds, for a fee if the option is approved by the Department of Revenue and Colorado State Patrol.

The DFC’s predecessor group owns a website which the successful Offeror may use as the foundation for its auction site if the successful Offeror desires. The DFC owns the domain name www.ColoradoPlates.com.

When the right to use a Registration Number is purchased the Contractor will collect the State’s sale proceeds or approval and transfer royalty, but not normal registration fees or ownership tax. The Contractor will notify the DMV that the right to use the Registration Number has been sold and provide the name of the buyer.

OFFEROR’S Qualifications and EXPERIENCE Mandatory Qualifications Offeror must provide online auction functionality which the Committee will use to sell the rights to use specific Registration Number and letter combinations (“Registration Numbers”).

Offerors shall study the market and determine which registration numbers are the most valuable, including both the types of plates currently issued and any type of plate that has been historically issued. Based on the study, the DFC shall select the most valuable registration numbers and request the DMV verify whether the plates with the Registration Numbers are currently issued.

Offerors will also receive a list of potential Registration Numbers from the DMV. Offeror will make recommendations about which Registration Numbers to retain for sale and suggest a minimum bid or reserve price for each Registration Number. The Committee will then request that the DMV reserve specific Registration Numbers.

Offeror must be able to divide payments to multiple parties and transfer money directly to the parties, which may include the DFC, the Disability support fund, the division of correctional industries, the DMV, DPA, nonprofit organizations, private citizens, other state agencies, or other entities.

ORGANIZATIONAL EXPERIENCE

The DFC/DPA has determined that it desires specific experience and skills for an Offeror to possess in order for the Offeror to be able to complete the Work efficiently while meeting the demands and deadlines of the DFC/DPA.

The DFC/DPA will evaluate the Offeror's experience pertaining to the following:

Experience within the last three (3) years performing online auctions, experience with public or quasi-public entities is preferred.

Experience within the last three (3) years working in a marketing capacity, experience with public or quasi-public entities with limited budgets is preferred.

Experience with Registration Number sales or auctions, preferably with public entities.

Provide details that demonstrate how Offeror meets all mandatory experience and/or qualification requirements. Offeror’s response should list each stated experience and/or qualification requirement separately and follow the listed requirement with the details that demonstrate how Offeror meets that specific requirement.

Provide a detailed description of Offeror’s organizational experience related to the Work.

Provide a detailed review of successes conducting online and/or in person sales and auctions. If available Provide specific data on successes, detailed receipts and sales, and if any are for Registration Numbers provide those separately.

Successful Offerors will propose a solution which accommodates persons with disabilities and complies with all applicable state and federal laws. Discuss how your website accommodates persons with disabilities. Successful Offerors will make their solution available to the broadest possible community.

If you are able to provide compliance with additional accessibility guidelines such as Web Content Accessibility Guidelines or Web Accessibility Initiative standards, please discuss that ability and whether any additional cost will be associated with providing the additional accessibility.

What payment methods will your website accept?

Confirm that where applicable your website will be Payment Card Industry (“PCI”) compliant at all times. If you believe that PCI compliance is not possible in some aspects, please explain.

Describe an end-user’s experience using your auction site. For example, will users be able to search for Registration Numbers; or will they see auctions currently in progress, et cetera? You may include screen shots if that would be helpful.

STATEMENT OF WORK

CONTRACTOR’S GENERAL REQUIREMENTS

The DFC/DPA will contract with only one (1) organization, the Contractor, and will work solely with that organization with respect to all tasks and deliverables to be completed, services to be rendered and performance standards to be met.

The Contractor may be privy to internal policy discussions, contractual issues, price negotiations, Department financial information, and advance knowledge of legislation. In addition to all other confidentiality requirements of the Contract, the Contractor shall also consider and treat any such information as confidential and shall only disclose it in accordance with the terms of the Contract.

The Contractor shall work cooperatively with key DFC/DPA staff and, if applicable, the staff of other Department contractors or other State agencies to ensure the completion of the Work. The DFC/DPA may, in its sole discretion, use other contractors to perform activities related to the Work that are not contained in the Contract or to perform any of the DFC/DPA’s responsibilities. In the event of a conflict between the Contractor and any other Department contractor, the Department will resolve the conflict and the Contractor shall abide by the resolution provided by the Department.

Deliverables All deliverables shall meet DFC/DPA-approved format and content requirements. The DFC/DPA will specify the number of copies and media for each deliverable.

Each deliverable will follow the deliverable submission process as follows:

The Contractor shall submit each deliverable to the DFC/DPA for review and approval.

The DFC/DPA will review the deliverable and may direct the Contractor to make changes to the deliverable. The Contractor shall make all changes within five (5) Business Days following the DFC/DPA’s direction to make the change unless the DFC/DPA provides a longer period in writing.

Changes the DFC/DPA may direct include, but are not limited to, modifying portions of the deliverable, requiring new pages or portions of the deliverable, requiring resubmission of the deliverable or requiring inclusion of information that was left out of the deliverable.

The DFC/DPA may also direct the Contractor to provide clarification or provide a walkthrough of each deliverable to assist the DFC/DPA in its review. The Contractor shall provide the clarification or walkthrough as directed by the DFC/DPA.

Once the DFC/DPA has received an acceptable version of the deliverable, including all changes directed by the DFC/DPA, the DFC/DPA will notify the Contractor of its acceptance of the deliverable in writing. A deliverable shall not be deemed accepted prior to the DFC/DPA’s notice to the Contractor of its acceptance of that deliverable.

The Contractor shall employ an internal quality control process to ensure that all deliverables, documents and calculations are complete, accurate, easy to understand and of high quality. The Contractor shall provide deliverables that, at a minimum, are responsive to the specific requirements for that deliverable, organized into a logical order, contain no spelling or grammatical errors, are formatted uniformly and contain accurate information and correct calculations. The Contractor shall retain all draft and marked-up documents and checklists utilized in reviewing deliverables for reference as directed by the DFC/DPA.

In the event that any due date for a deliverable falls on a day that is not a Business Day, then the due date shall be automatically extended to the next Business Day, unless otherwise directed by the DFC/DPA.

All due dates or timelines that reference a period of days, months or quarters shall be measured in calendar days, months and quarters unless specifically stated as being measured in Business Days or otherwise. All times stated in the Contract shall be considered to be in Mountain Time, adjusted for Daylight Saving Time as appropriate, unless specifically stated otherwise.

No deliverable, report, data, procedure or system created by the Contractor for the DFC/DPA that is necessary to fulfilling the Contractor's responsibilities under the Contract, as determined by the DFC/DPA, shall be considered proprietary.

If any deliverable contains ongoing responsibilities or requirements for the Contractor, such as deliverables that are plans, policies or procedures, then the Contractor shall comply with all requirements of the most recently approved version of that deliverable. The Contractor shall not implement any version of any such deliverable prior to receipt of the DFC/DPA’s written approval of that version of that deliverable. Once a version of any deliverable described in this subsection is approved by the DFC/DPA, all requirements, milestones and other deliverables contained within that deliverable shall be considered to be requirements, milestones and deliverables of this Contract.

Any deliverable described as an update of another deliverable shall be considered a version of the original deliverable for the purposes of this subsection.

Stated Deliverables and Performance Standards Any section within this Statement of Work headed with or including the term "DELIVERABLE" or "PERFORMANCE STANDARD" is intended to highlight a deliverable or performance standard contained in this Statement of Work and provide a clear due date for deliverables. The sections with these headings are not intended to expand or limit the requirements or responsibilities related to any deliverable or performance standard.

Communication Requirements Communication with the DFC/DPA The Contractor shall enable all Contractor staff to exchange documents and electronic files with the DFC/DPA staff in formats compatible with the DFC/DPA’s systems. If the Contractor uses a compatible program that is not the system used by the DFC/DPA, then the Contractor shall ensure that all documents or files delivered to the DFC/DPA are completely transferrable and reviewable, without error, on the DFC/DPA’s systems.

The DFC/DPA may deliver a completed transmittal to the Contractor in hard copy, as a scanned attachment to an email or through a dedicated communication system, if such a system is available.

If the Contractor receives conflicting transmittals, the Contractor shall contact the DFC/DPA’s primary designee, or backup designees if the primary designee is unavailable, to obtain direction. If the DFC/DPA does not provide direction otherwise, then the transmittal with the latest effective date shall control.

In the event that the Contractor receives direction from the DFC/DPA outside of the transmittal process, it shall contact the DFC/DPA’s primary designee, or backup designees if the primary designee is unavailable, and have the DFC/DPA confirm that direction through a transmittal prior to complying with that direction.

Transmittals may not be used in place of an amendment, and may not, under any circumstances be used to modify the term of the Contract or any compensation under the Contract. Transmittals are not intended to be the sole means of communication between the DFC/DPA and the Contractor, and the DFC/DPA may provide day-to-day communication to the Contractor without using a transmittal.

The Contractor shall retain all transmittals for reference and shall provide copies of any received transmittals upon request by the DFC/DPA.

Communication with Citizens and Other Entities The Contractor shall create a Communication Plan that includes, but is not limited to, all of the following:

A description of the communication methods, including things such as email lists, newsletters and other methods, the Contractor will use to communicate with DPA, the public, and Subcontractors.

A general plan for how the Contractor will address communication deficiencies.

A listing of the following individuals within the Contractor’s organization, that includes cell phone numbers and email addresses:

An individual who is authorized to speak on the record regarding the Work, the Contract or any issues that arise that are related to the Work.

An individual who is responsible for any website or marketing related to the Work.

Back-up communication staff that can respond in the event that the other individuals listed are unavailable.

The Contractor shall deliver the Communication Plan to the DFC/DPA for review and approval.

DELIVERABLE: Communication Plan DUE: Within ten (10) Business Days after the Effective Date The Contractor shall review its Communication Plan on an annual basis and determine if any changes are required to account for any changes in the Work, in the DFC/DPA’s processes and procedures or in the Contractor’s processes and procedures. The Contractor shall submit an Annual Communication Plan Update that contains all changes from the most recently approved prior Communication Plan, Annual Communication Plan Update or Interim Communication Plan Update or shall note that there were no changes.

DELIVERABLE: Annual Communication Plan Update DUE: Annually, by June 30th of each year The DFC/DPA may request a change to the Communication Plan at any time to account for any changes in the Work, in the DFC/DPA’s processes and procedures or in the Contractor’s processes and procedures, or to address any communication related deficiencies determined by the DFC/DPA. The Contractor shall modify the Communication Plan as directed by the DFC/DPA and submit an Interim Communication Plan Update containing all changes directed by the DFC/DPA.

DELIVERABLE: Interim Communication Plan Update DUE: Within ten (10) Business Days following the receipt of the request from the DFC/DPA, unless the DFC/DPA allows for a longer time in writing The Contractor shall not engage in any non-routine communication with the media or the public without the prior written consent of the DFC/DPA.

Business Continuity The Contractor shall create a Business Continuity Plan that the Contractor will follow in order to continue operations after a Disaster or a Business Interruption. The Business Continuity Plan shall include, but is not limited to, all of the following:

How the Contractor will replace staff that has been lost or is unavailable during or after a Business Interruption so that the Work is performed in accordance with the Contract.

How the Contractor will back-up all information necessary to continue performing the Work, so that no information is lost because of a Business Interruption.

In the event of a Disaster, the plan shall also include how the Contractor will make all information available at its back-up facilities.

How the Contractor will minimize the effects on citizens of the State of any Business Interruption.

How the Contractor will communicate with the DFC/DPA during the Business Interruption and points of contact within the Contractor’s organization the DFC/DPA can contact in the event of a Business Interruption.

Planned long-term back-up facilities out of which the Contractor can continue operations after a Disaster.

The time period it will take to transition all activities from the Contractor’s regular facilities to the back-up facilities after a Disaster.

The Contractor shall deliver the Business Continuity Plan to the DFC/DPA for review and approval.

DELIVERABLE: Business Continuity Plan DUE: Within ten (10) Business days after the Effective Date The Contractor shall review its Business Continuity Plan at least semi-annually and update the plan as appropriate to account for any changes in the Contractor’s processes, procedures or circumstances. The Contractor shall submit an Updated Business Continuity Plan that contains all changes from the most recently approved prior Business Continuity Plan or Updated Business Continuity Plan or shall note that there were no changes.

DELIVERABLE: Updated Business Continuity Plan DUE: Semi-annually, by June 30th and December 31st of each year In the event of any Business Interruption, the Contractor shall implement its most recently approved Business Continuity Plan or Updated Business Continuity Plan immediately after the Contractor becomes aware of the Business Interruption. In that event, the Contractor shall comply with all requirements, deliverables, timelines and milestones contained in the implemented plan.

Performance Reviews The DFC/DPA may conduct performance reviews or evaluations of the Contractor in relation to the Work performed under the Contract.

The DFC/DPA may work with the Contractor in the completion of any performance reviews or evaluations or the DFC/DPA may complete any or all performance reviews or evaluations independently, at the DFC/DPA's sole discretion.

The Contractor shall provide all information necessary for the DFC/DPA to complete all performance reviews or evaluations, as determined by the DFC/DPA, upon the DFC/DPA's request. The Contractor shall provide this information regardless of whether the DFC/DPA decides to work with the Contractor on any aspect of the performance review or evaluation.

The DFC/DPA may conduct these performance reviews or evaluations at any point during the term of the Contract, or after termination of the Contract for any reason.

The DFC/DPA may make the results of any performance reviews or evaluations available to the public, or may publicly post the results of any performance reviews or evaluations.

Options and Extension Terms The DFC/DPA may, within its sole discretion, choose to not exercise any option or Extension Term in the Contract for any reason. If the DFC/DPA chooses to not exercise for any Extension Term, it may reprocure the performance of the Work in its sole discretion.

The Parties may amend the Contract to add additional Extension Terms beyond five (5) years, in accordance with the Colorado Procurement Code and its implementing rules, in the event that the DFC/DPA determines the extension is necessary to align the Contract with other Department contracts, to address State programmatic or policy changes related to the Contract or to provide sufficient time to transition the Work.

Department System Access If the Contractor requires access to any DFC/DPA computer system to complete the Work, the Contractor shall have and maintain all hardware, software and interfaces necessary to access the system without requiring any modification to the DFC/DPA’s system. The Contractor shall follow all DFC/DPA policies, processes and procedures necessary to gain access to the DFC/DPA’s systems.

CONTRACTOR PERSONNEL

Personnel General Requirements The Contractor shall provide qualified Key Personnel and Other Personnel as necessary to perform the Work throughout the term of the Contract.

The Contractor shall provide the DFC/DPA with a final list of individuals assigned to the Contract.

DELIVERABLE: Final list of names of the individuals assigned to the Contract DUE: Within five (5) Business Days following the Effective Date The Contractor shall update this list upon the DFC/DPA’s request to account for changes in the individuals assigned to the Contract.

DELIVERABLE: Updated list of names of the individuals assigned to the Contract DUE: Within five (5) Business Days following the DFC/DPA’s request for an update The Contractor shall obtain written approval from the Department for individuals proposed for assignment to Key Personnel positions prior to those individuals beginning the performance of any Work under the Contract.

The Contractor shall not voluntarily change individuals in Key Personnel positions without the prior written approval of the Department. The Contractor shall supply the Department with the name(s), resume and references for any proposed replacement whenever there is a change to Key Personnel. Any individual replacing Key Personnel shall have qualifications that are equivalent to or exceed the qualifications of the individual that previously held the position, unless otherwise approved, in writing, by the Department.

DELIVERABLE: Name(s), resume(s) and references for the person(s) replacing anyone in a Key Personnel position during a voluntary change DUE: At least five (5) Business Days prior to the change in Key Personnel In the event that any individual filling a Key Personnel position leaves employment with the Contractor, the Contractor shall propose a replacement person to the Department. The replacement person shall have qualifications that are equivalent to or exceed the qualifications of the individual that previously held the position, unless otherwise approved, in writing, by the Department.

DELIVERABLE: Name(s), resume(s) and references for the person(s) replacing anyone in a Key Personnel position who leaves employment with the Contractor DUE: Within ten (10) Business Days following the Contractor’s receipt of notice that the person is leaving employment.

If any of the Contractor, Contractor's Key Personnel, or Other Personnel, are required to have and maintain any professional licensure or certification issued by any federal, state or local government agency, then the Contractor shall submit copies of such current licenses and certifications to the Department.

DELIVERABLE: All current professional licensure and certification documentation as specified for Key Personnel or Other Personnel DUE: Within five (5) Business Days of receipt of updated licensure or upon request by the Department Personnel Availability The Contractor shall ensure Key Personnel and Other Personnel assigned to the Contract are available for meetings with the Department during the Department’s normal business hours, as determined by the Department. The Contractor shall also make these personnel available outside of the Department’s normal business hours and on weekends with prior notice from the Department.

The Contractor’s Key Personnel and Other Personnel shall be available for all regularly scheduled meetings between the Contractor and the Department, unless the Department has granted prior, written approval otherwise.

The Contractor shall ensure that the Key Personnel and Other Personnel attending all meetings between the Department and the Contractor have the authority to represent and commit the Contractor regarding work planning, problem resolution and program development.

At the Department’s direction, the Contractor shall make its Key Personnel and Other Personnel available to attend meetings or press conferences as subject matter experts with stakeholders both within the State government and external or private stakeholders.

Meeting in person will likely be rare but if necessary the Contractor’s Key Personnel shall be available to meet with the Committee in the Denver metropolitan area with two business days’ notice. If required, all of the Contractor’s Key Personnel and Other Personnel that attend any meeting with the Department or other Department stakeholders shall be physically present at the location of the meeting. Otherwise Personnel may attend by telephone or video conference. In the event that the Contractor has any personnel attend by telephone or video conference, the Contractor shall provide all additional equipment necessary for attendance, including any virtual meeting space or telephone conference lines.

The Contractor shall respond to all telephone calls, voicemails and emails from the Department within one (1) Business Day of receipt by the Contractor.

Key Personnel The Contractor shall designate people to hold the following Key Personnel positions:

Project Lead The Project Lead shall be responsible for all of the following:

Monitoring all phases of the project in accordance with work plans or timelines or as determined between the Contractor and the Department.

Serving as Contractor’s primary point of contact for the Department.

Ensuring the completion of all Work in accordance with the Contract’s requirements. This includes, but is not limited to, ensuring the accuracy, timeliness and completeness of all work.

Overseeing all other Key Personnel and Other Personnel and ensuring proper staffing levels throughout the term of the Contract.

Other Personnel Responsibilities The Contractor shall use its discretion to determine the number of Other Personnel necessary to perform the Work in accordance with the requirements of the Contract. In the event that the Department has determined that Contractor has not provided sufficient Other Personnel to perform the Work in accordance with the requirements of the Contract, the Contractor shall provide all additional Other Personnel necessary to perform the Work in accordance with the requirements of the Contract at no additional cost to the Department.

The Contractor shall ensure that all Other Personnel have sufficient training and experience to complete all portions of the Work assigned to them. The Contractor shall provide all necessary training to its Other Personnel, except for Department-provided training specifically described in the Contract.

The Contractor may subcontract to complete a portion of the Work required by the Contract. The conditions for using a Subcontractor or Subcontractors are as follows:

The Contractor shall not subcontract more than forty percent (40%) of the Work. Any work that is subcontracted must be subcontracted to companies within the United State.

The Contractor shall provide the organizational name of each Subcontractor and all items to be worked on by each Subcontractor to the Department.

DELIVERABLE: Name of each Subcontractor and items on which each Subcontractor will work DUE: The later of thirty (30) days prior to the Subcontractor beginning work or the Effective Date The Contractor shall obtain prior consent and written approval for any use of Subcontractor(s).

Provide a detailed explanation of how the Offeror will provide sufficient personnel to perform the Work, including all of the following:

How the Offeror will provide Key Personnel that meets or exceeds the requirements contained in this RFP.

How the Offeror will provide and train all Other Personnel so that the Work is completed accurately and in a timely manner. Additionally, include a listing of the position titles for each position related to the Contract, the general responsibilities of that position, the number of individuals filling that position and the numbers of hours each week the position will be dedicated to the Work.

A plan for how the Offeror will replace all Key Personnel and Other Personnel so that the transition between personnel does not impact the ability of the Contractor to complete the Work.

If the Offeror intends to use a Subcontractor, the Offeror shall provide a description of how the Offeror will use Subcontractors and the portions of the Work that will be completed by each Subcontractor. This description shall also include the anticipated positions provided by the Subcontractor and the roles of those positions, as well as a plan for how the Offeror will manage the Subcontractor and all Subcontractor personnel to ensure that the portions of the Work assigned to the Subcontractor will be completed accurately and in a timely manner.

Describe the public-facing portion of your auction site. Successful Offerors will provide adequate descriptions to demonstrate that the site is user friendly and intuitive. The site should be accessible on computers and mobile devices. The State reserves the right to hold in-person presentations, however Offerors should provide as much information as possible and should not assume that they will have an opportunity to do a live demonstration.

Your site should allow the State or other organizations to host an auction. What will the administrator portion of your site look like? How will it function?

Describe your auction process. Will plates be offered at a “purchase immediately” price or will each plate be auctioned off?

Discuss how you will optimize efficiency for potential buyers. What is the minimum number of “clicks” required from beginning the purchase process to final purchase? Successful Offerors will strike a balance between eliminating fraud and ease of use.

Management and advisory capacity:

Discuss how you manage the available Registration Number inventory. Discuss whether the DFC will be able to view it in real time.

The Contractor will make recommendations to the DFC about which Registration Numbers to reserve. Discuss how you will determine what Registration Numbers you will recommend the DFC reserves.

Please describe how you will determine the market value of different Registration Numbers. The right to use Registration Numbers may be limited to one year or multiple years. Offerors should provide a sample report showing what Registration Numbers are available, the suggested price of the Registration Number, and how the Disability Funding DFC will approve or modify the recommended price.

Discuss the personnel who will advise the DFC regarding Registration Number market value.

Marketing:

How will you generate interest in the sales and auctions?

Discuss your experience with online auction marketing.

’Offerors must be able to collaborate with other DFC marketing resources, for example coordinating a Public Service Announcement with the governor, or working with other State-supported nonprofits. Discuss your ability to collaborate with multiple interested parties.

Discuss your ability to put a hold on specific Registration Numbers for a specific amount of time. For example, the DFC may wish to allow a non-profit to auction off the rights to a specific Registration Number so the DFC would need the ability to put a hold on it.

Other value adds:

’The DFC would prefer to work with a Contractor who is involved with the disability community. Discuss your ties with the disability community.

The DFC would prefer to work with a Contractor who employs members of the disability community. Discuss your hiring/employment practices related to hiring persons with disabilities and whether you currently employ any persons with disabilities.

Discuss any other opportunities, initiatives, and strengths that you may provide to the DFC. If there is an additional cost for these services, please itemize them.

REPORTING REQUIREMENTS

The Contractor shall provide all reports listed in this section in the format directed by the Department and containing the information requested by the Department. The format and specific information required will be determined between the Department and awarded Contractor during contract drafting.

Report of what licenses have been sold, when they were sold, and the amount they sold for.

Report of licenses that Contractor believes the State should sell and the Contractor’s recommended sale price.

Discuss your ability to provide an administrative login so the Committee can see real-time information regarding numbers reserved, numbers currently being auctioned, numbers having been auctioned, and numbers where no bids were received.

START-UP AND CLOSEOUT PERIODS

The Contract shall have a Start-Up Period and a Closeout Period.

The Start-Up Period shall begin on the Effective Date. The Start-Up Period shall end on the Operational Start Date of the Contract.

The Operational Start Date shall not occur until the Contractor has completed all requirements of the Start-Up Period, including, but not limited to, the completion of the operational readiness review contained in the Start-Up Plan, unless the Department provides written approval otherwise.

The Contractor shall not engage in any Work under the Contract, other than the Work described below in the Start-Up Period, prior to the Operational Start Date. The Department shall not be liable to the Contractor for, and the Contractor shall not receive, any payment for any period prior to the Operational Start Date under the Contract.

The Closeout Period shall begin on the earlier of ninety (90) days prior to the end of the last renewal year of the Contract or notice by the Department of non-renewal. The Closeout Period shall end on the day that the Department has accepted the final deliverable for the Closeout Period, as determined in the Department-approved and updated Closeout Plan, and has determined that the closeout is complete.

This Closeout Period may extend past the termination of the Contract and the requirements of the Closeout Period shall survive termination of the Contract.

Start-Up Period During the Start-Up Period, the Contractor shall complete all of the following:

Create a Policy and Procedures Manual that contains the policies and procedures for all systems and functions necessary for the Contractor to complete its obligations under the Contract.

DELIVERABLE: Policies and Procedure Manual DUE: The later of the Effective Date or thirty (30) days prior to the Operational Start Date Prepare all documents, forms, and any other information and protocols that require approval by the Department. The Contractor shall deliver all documents, forms, training materials, and any other information and protocols that require approval by the Department to the Department for review and approval in a timely manner that allows the Department to review and approve those documents prior to end of the Start-Up Period.

Create and implement the Business Continuity Plan described in Section 5.1.7.1.

Create and implement the Communication Plan described in Section 5.1.6.2.1.

Create and implement the Start-Up Plan described in Section 5.4.4.1.

Complete all steps, deliverables and milestones contained in the Department-approved Start-Up Plan.

The Contractor shall ensure that all requirements of the Start-Up Period are complete by the deadlines contained in the Department-approved Start-Up Plan and that the Contractor is ready to perform all Work by the Operational Start Date.

Closeout Period During the Closeout Period, the Contractor shall complete all of the following:

Implement the most recent Closeout Plan or Closeout Plan Update that has been approved by the Department, as described in Section Error! Reference source not found. and complete all steps, deliverables and milestones contained in the most recent Closeout Plan or Closeout Plan Update that has been approved by the Department.

Provide to the Department, or any other contractor at the Department's direction, all reports, data, systems, deliverables and other information reasonably necessary for a transition as determined by the Department or included in the most recent Closeout Plan or Closeout Plan Update that has been approved by the Department.

Ensure that all responsibilities under the Contract have been transferred to the Department, or to another contractor at the Department's direction, without significant interruption.

Notify any Subcontractors of the termination of the Contract, as directed by the Department.

Continue meeting each requirement of the Contract as described in the Department-approved and updated Closeout Plan, or until the Department determines that specific requirement is being performed by the Department or another contractor, whichever is sooner. The Department will determine when any specific requirement is being performed by the Department or another contractor, and will notify the Contractor of this determination for that requirement.

The Department will perform a closeout review to ensure that the Contractor has completed all requirements of the Closeout Period. In the event that the Contractor has not completed all of the requirements of the Closeout Period by the date of the termination of the Contract, then any incomplete requirements shall survive termination of the Contract.

Start-Up and Closeout Planning Start-Up Plan During the Start-Up Period, the Contractor shall create a Start-Up Plan that contains, at a minimum, all of the following:

A description of all steps, timelines, milestones and deliverables necessary for the Contractor to be fully able to perform all Work by the Operational Start Date.

A listing of all personnel involved in the start-up and what aspect of the start-up they are responsible for.

An operational readiness review for the Department to determine if the Contractor is ready to begin performance of all Work.

The risks associated with the start-up and a plan to mitigate those risks.

The Contractor shall deliver the Start-Up Plan to the Department for review and approval.

DELIVERABLE: Start-Up Plan DUE: Within five (5) Business Days after the Effective Date DUE: Thirty (30) days following the Effective Date The Contractor shall update the Closeout Plan, at least annually, to include any technical, procedural or other changes that impact any steps, timelines or milestones contained in the Closeout Plan, and deliver this Closeout Plan Update to the Department for review and approval.

DUE: Annually, by June 30th of each year

COMPENSATION AND INVOICING

COMPENSATION

The DFC operates on a limited budget and price will play a significant role in when choosing an Offeror. Successful Offeror will have lower upfront pricing and a low percentage taken.

The compensation under the Contract shall consist of an initial startup fee which may be used for initial marketing expenses, building the auction system, or other initial costs.

Offerors will propose milestones when they will be paid for the flat fee payment. The flat fee will be paid based on the milestones. Examples of milestones could be 1/3 of the fee will be paid up front, 1/3 will be paid upon an acceptable beta site and acceptable marketing plan, and 1/3 upon final approval of the site and integration of data and DFC feedback.

OR a different milestone setup could be 1/2 of the fee will be paid upon integration of DFC data and feedback with a vendor’s existing auction site and 1/4 of the fee will be paid upon approval of a marketing plan and 1/4 will be paid to fund initial marketing efforts.

These are only examples of possible payment structures Offerors are encouraged to create a payment structure which makes sense for how they will perform the Work. Offerors may propose no upfront fee at all.

Successful Offerors will explain why their upfront fees are in the State’s best interest and explain how the milestones will help guarantee superior performance.

After the upfront fee Offerors will be paid a percentage of the amount earned.

’Considering all of the factors in Section 6.0 please answer the following:

What is your total upfront fee _________?

What milestones will the upfront fee be based on?

What percentages will you be paid per milestone?

What percentage will you be paid on subsequent Registration Number sales? _________%

INVOICING AND PAYMENT PROCEDURES

The Contractor shall invoice the DFC/DPA on a monthly basis, by the fifteenth (15th) Business Day of the month following the month for which the invoice covers. The Contractor shall not invoice the DFC/DPA for a month prior to the last day of that month.

The invoice shall contain all of the following for the month for which the invoice covers:

The fixed monthly fee portion of the Maximum Monthly Payment, described in Section 6.1.1.

The cost for the deliverable payment described in Section 61.1, only if all deliverables described in that section which were accepted by the DFC/DPA and are received by their required due dates for the month that the invoice covers.

Payment of Invoices The DFC/DPA shall remit payment to the Contractor, for all amounts shown on an invoice, after the DFC/DPA’s acceptance of that invoice. Acceptance of an invoice shall not imply the acceptance or sufficiency of any work performed or deliverables submitted to the DFC/DPA during the month for which the invoice covers or any other month. The DFC/DPA shall not make any payment on an invoice prior to its acceptance of that invoice.

The DFC/DPA will review the submitted invoice, and compare the information contained in the invoice to the DFC/DPA’s information. The DFC/DPA will only accept an invoice after it has reviewed the information contained on the invoice and determined that all amounts are correct.

In the event that the DFC/DPA determines that any information on an invoice is incorrect, the DFC/DPA will notify the Contractor of this determination and what is incorrect on the invoice. The Contractor shall correct any information the DFC/DPA determined to be incorrect and resubmit that invoice to the DFC/DPA for review.

The DFC/DPA will review the invoice to ensure that all corrections have been made.

If all information on the resubmitted invoice is correct, the DFC/DPA will accept the invoice.

If any information on the resubmitted invoice is still incorrect, then the DFC/DPA will return the invoice to the Contractor for correction and resubmission.

Any credit card or financial processing fees will be paid directly to the processing company. Contractor commission percentages will be taken off the remaining amount.

In the event that the Contractor believes that the calculation or determination of any payment is incorrect, the Contractor shall notify the DFC/DPA of the error within thirty (30) days of receipt of the payment or notification of the determination of the payment, as appropriate. The DFC/DPA will review the information presented by the Contractor and may make changes based on this review. The determination or calculation that results from the DFC/DPA’s review shall be final. No disputed payment shall be due until after the DFC/DPA has concluded its review.

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