RFP Amendment 1.pdf

RFP: S-10700-00013566 – Debt Collection Amendment 1

RFP: S-10700-00013566 – DEBT COLLECTION –

AMENDMENT 1

SECTION 1: PURPOSE

The purpose of this amendment is:

1.1 MODIFICATION OF RFP SECTION 5.4

1.2 REPLACEMENT OF SECTION 21 OF ATTACHEMENT A, SAMPLE MASTER SERVICES

AGREEMENT, EXHIBIT A, CONTRACT TERMS AND CONDITIONS.

SECTION 2: MODIFICATIONS

2.1 RFP Section 5.4. is modified as follows. New language is indicated by bold underlined font, deleted language is indicated by strikethrough font.

2.1.1 Section 5.4.1 Negotiation

DAS SPS is willing to negotiate ONLY the EXHIBIT B, DESCRIPTION OF SERVICES;

SPECIFICATIONS STATEMENT OF WORK and the following terms and conditions:

• Pricing

• Term of Agreement

• Insurance

• Indemnity

2.1.2 Section 5.4.2 Contractor Selection Methodology

In the event multiple Master Service Agreements are awarded, Authorized Purchaser DAS SPS will use the following methodology to determine from which Contractor to purchase.

• Best Value Analysis: Compare each item between all awarded Contractors, issue Purchase Order to the Contractor with the most favorable Offer.

2.2 Section 21. Insurance Requirement of Attachment A, Sample Master Services Agreement, Exhibit A Contract Terms and Conditions is hereby removed in its entirety and replaced with the following revised Section 21. Insurance Requirements

2.2.1 REPLACEMENT OF SECTION 21

21. Insurance Requirements. Contractor shall obtain at Contractor’s expense the insurance specified in this Contract prior to performing under this Contract. Contractor shall maintain such insurance in full force and at its own expense throughout the duration of this Contract, as required by any extended reporting period or continuous claims made coverage requirements, and all warranty periods that apply. Contractor shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to Authorized Purchaser. All coverage shall be primary and non-contributory with any other insurance and self-insurance, with the exception of Professional Liability and Workers’ Compensation. Contractor shall pay for all deductibles, self-insured retention, and self-insurance, if any.

If Contractor maintains broader coverage and/or higher limits than the minimums shown in this Exhibit, Authorized Purchaser requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor.

21.1. Workers’ Compensation & Employers’ Liability. All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017, and provide Workers’ Compensation Insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Contractor shall require and ensure that each of its subcontractors complies with these requirements. If Contractor is a subject employer, as defined in ORS 656.023, Contractor shall also obtain Employers' Liability Insurance coverage with limits not less than $500,000 each accident.

If Contractor is an employer subject to any other state’s Workers’ Compensation law, Contactor shall provide Workers’ Compensation Insurance coverage for its employees as required by applicable Workers’ Compensation laws including Employers’ Liability Insurance coverage with limits not less than $500,000 and shall require and ensure that each of its out-of-state subcontractors complies with these requirements.

As applicable, Contractor shall obtain coverage to discharge all responsibilities and liabilities that arise out of or relate to the Jones Act with limits of no less than $5,000,000 and/or the Longshoremen’s and Harbor Workers’ Compensation Act.

21.2. Commercial General Liability. Contractor shall provide Commercial General Liability Insurance covering bodily injury and property damage in a form and with coverage that are satisfactory to the State of Oregon. This insurance must include personal and advertising injury liability, products and completed operations, contractual liability coverage for the indemnity provided under this Contract, and have no limitation of coverage to designated premises, project, or operation. Coverage must be written on an occurrence basis in an amount of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate.

21.4. Automobile Liability Insurance. Contractor shall provide Automobile Liability Insurance covering Contractor’s business use including coverage for all owned, non-owned, or hired vehicles with a combined single limit of not less than $1,000,000 for bodily injury and property damage. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for Commercial General Liability and Automobile Liability). Use of personal automobile liability insurance coverage may be acceptable if evidence that the policy includes a business use endorsement is provided.

21.5. Professional Liability. Contractor shall provide Professional Liability Insurance covering any damages caused by an error, omission or any negligent acts related to the services to be provided under this Contract by the Contractor and Contractor’s subcontractors, agents, officers or employees in an amount not less than $1,000,000 per claim and not less than $2,000,000 annual aggregate limit.

If coverage is provided on a claims made basis, then either an extended reporting period of not less than 24 months shall be included in the Professional Liability insurance coverage, or the Contractor shall provide Continuous Claims Made coverage as stated below.

21.6. Network Security and Privacy Liability. Contractor shall provide Network Security and Privacy Liability Insurance for the duration of this Contract and for the period of time in which Contractor (or its business associates or subcontractor(s)) maintains, possesses, stores, or has access to Authorized Purchaser or client data, whichever is longer, with a combined single limit of not less than $5,000,000 per claim or incident. This insurance must include coverage for third party claims and for losses, thefts, unauthorized disclosures, access or use of Authorized Purchaser or client data (which may include, but is not limited to, Personally Identifiable Information (“PII”), Payment Card Data and Protected Health Information (“PHI”)) in any format, including coverage for accidental loss, theft, unauthorized disclosure access or use of Authorized Purchaser data.

21.7 Crime Protection Coverage: Employee Dishonesty or Fidelity Bond.

Contractor shall provide Employee Dishonesty or Fidelity Bond coverages for the loss of Authorized Purchaser property by dishonest acts of an employee of the Contractor with coverage limits of not less than $ 5,000,000.

21.8. Excess/Umbrella Insurance. A combination of primary and Excess/Umbrella Insurance may be used to meet the required limits of insurance.

When used, all of the primary and umbrella or excess policies must provide all of the insurance coverages required herein, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The umbrella or excess policies must be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, must be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

If Excess/Umbrella Insurance is used to meet the minimum insurance requirement, the Certificate of Insurance must include a list of all policies that fall under the Excess/Umbrella Insurance.

21.9. Additional Insured. All liability insurance, except for Workers’ Compensation, Professional Liability, Directors and Officers Liability and Network Security and Privacy Liability (if applicable), required under this Contract must include an Additional Insured endorsement specifying the State of Oregon, its officers, employees, and agents as Additional Insureds, but only with respect to Contractor’s goods to be delivered and Services to be performed under this Contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance.

Regarding Additional Insured status under the General Liability policy, Authorized Purchaser requires Additional Insured status with respect to liability arising out of ongoing operations and completed operations, but only with respect to Contractor's goods to be delivered and Services to be performed under this Contract. The Additional Insured endorsement with respect to liability arising out of Contractor’s ongoing operations must be on, or at least as broad as, ISO Form CG 20 10 and the Additional Insured endorsement with respect to completed operations must be on, or at least as broad as, ISO form CG 20 37.

21.10. Waiver of Subrogation. Contractor shall waive rights of subrogation which Contractor or any insurer of Contractor may acquire against the Authorized Purchaser or State of Oregon by virtue of the payment of any loss. Contractor shall obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not Authorized Purchaser has received a Waiver of Subrogation endorsement from the Contractor or the Contractor’s insurer(s).

21.11. Continuous Claims Made Coverage. If any of the required liability insurance is on a claims made basis and does not include an extended reporting period of at least 24 months, then Contractor shall maintain continuous claims made liability coverage, provided the effective date of the continuous claims made coverage is on or before the effective date of this Contract, for a minimum of 24 months following the later of:

(i) Contractor ’s completion and Authorized Purchaser’s acceptance of all goods and Services required under this Contract, or

(ii) Authorized Purchaser’s or Contractor’s termination of this Contract, or

(iii) The expiration of all warranty periods provided under this Contract.

21.12. Certificates and Proof of Insurance. Contractor shall provide to Authorized Purchaser Certificate(s) of Insurance for all required insurance before delivering any goods and performing any Services required under this Contract.

The Certificate(s) of Insurance must list the State of Oregon, its officers, employees, and agents as a Certificate holder and as an endorsed Additional Insured. The Certificate(s) of Insurance must also include all required endorsements or copies of the applicable policy language effecting coverage required by this Contract. If excess/umbrella Insurance is used to meet the minimum insurance requirement, the Certificate(s) of Insurance must include a list of all policies that fall under the Excess/Umbrella Insurance. As proof of insurance, Authorized Purchaser has the right to request copies of insurance policies and endorsements relating to the insurance requirements under this Contact.

21.13. Notice of Change or Cancellation. Contractor or its insurer must endeavor to provide at least thirty (30) Calendar Days’ written notice to Authorized Purchaser before cancellation of, material change to, potential exhaustion of aggregate limits of, or non-renewal of the required insurance coverages.

21.14. Insurance Requirement Review. Contractor agrees to periodic review of insurance requirements by Authorized Purchaser under this Contract and to meet updated requirements as mutually agreed upon by Contractor and Authorized Purchaser.

SECTION 3: PROTEST

Protests to this addendum must be submitted in the same manner required in RFP section 4.4.2.