S-298 RFP_ ADE Financial Manager_FINAL~1.pdf

STATE OF ARKANSAS

DEPARTMENT OF TRANSFORMATION AND SHARED SERVICES

OFFICE OF STATE PROCUREMENT

501 Woodlane St., Ste. 220

Little Rock, Arkansas 72201-1023

REQUEST FOR PROPOSAL

SOLICITATION DOCUMENT

SOLICITATION INFORMATION

Solicitation Number: S0000000298 Solicitation Issued: March 12, 2024

Description: Financial Manager

Department: Arkansas Department of Education – Division of Elementary and Secondary Education (ADE-DESE)

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Proposal Opening Date: April 1, 2024 Proposal Opening Time: 2:30 PM, Central Time

Proposal submissions for this Request for Proposal must be submitted through ARBuy, the State’s eProcurement system. It can be accessed at arbuy.arkansas.gov. Proposals received after the submission deadline may be rejected as untimely.

LIVE PROPOSAL OPENING INFORMATION

Teams Meeting Link: Click here to join the meeting Meeting ID: 285 970 426 451 Passcode: jV7PqA Call in (audio only): 501.244.3310 or find a local number

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Procurement Specialist: Cyndle Jump Procurement Specialist’s

Direct Phone Number: 501-324-9314

Email Address: Cyndle.Jump@arkansas.gov TSS OSP’s Main Number: 501-324-9316

TSS OSP Website: transform.ar.gov/procurement/ https://arbuy.arkansas.gov/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_Njk2NjFkZGEtMzk1NC00NTk1LWE3NzYtY2FkZWJjZjhlM2Zl%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%2262e33c0b-bc64-4404-86b5-0a7b149da0f3%22%7d https://dialin.teams.microsoft.com/6b6513dc-a034-48d2-8d06-7e711c4ecc0b?id=719036839 https://www.transform.ar.gov/procurement/

Rev 12/2023

SECTION 1 – GENERAL INFORMATION AND INSTRUCTIONS

1.1 INTRODUCTION

This Request for Proposal (RFP) is issued by the TSS Office of State Procurement (TSS OSP) for the Arkansas Department of Education – Division of Elementary and Secondary Education (ADE-DESE or “Department”) to obtain pricing and a contract for a Financial Manager.

The initial grant investment from ADE-DESE is $10,000,000.00.

The contract will be awarded to the Prospective Contractor determined to have submitted the proposal that is the most advantageous to the State. Direct all questions, comments, or concerns regarding this solicitation to the TSS OSP, not the Department.

1.2 OBJECTIVE AND GOALS

ADE-DESE seeks proposals from qualified, experienced, responsible, and financially sound Contractors to provide ADE-DESE support administering and growing the Charter School Revolving Loan Fund Program. Prospective Contractors shall have the proven ability to perform all core services requested in this RFP.

1.3 BACKGROUND AND CURRENT ENVIRONMENT

The Charter School Revolving Loan Fund program was established to provide a funding mechanism for Arkansas Charter Schools to improve educational facilities on their campuses by assisting them in procuring funds for making certain capital improvements and/or for the retirement of appropriate debt related to capital improvements. The goal of this proposal is to identify a Contractor to administer and grow the Charter School Revolving Loan Fund Program in compliance with Section 50 of Arkansas Act 237 of 2023. Additionally, the Contractor will develop, in conjunction with ADE-DESE, a customer satisfaction survey to be completed by all participants in the Charter School Revolving Loan Fund Program by January 1, 2025. This survey will be used to inform the Arkansas Department of Education and the Arkansas Legislature as to the implementation of the program and aid in providing data to determine continuation of the program beyond the initial funding provided by Act 237.

1.4 TYPE OF CONTRACT

A. As a result of this RFP, TSS OSP intends to award a contract to a single Contractor.

B. The anticipated starting date for any resulting contract is upon contract award, except that the actual contract start date may be adjusted unilaterally by the State for up to three (3) calendar months. By submitting a signed proposal in response to the RFP, the Prospective Contractor represents and warrants that it will honor its proposal as being held open as irrevocable for this period.

C. The initial term of a resulting contract will be for four (4) years. Upon mutual agreement by the Contractor and Department, the contract may be renewed by TSS OSP for up to three (3) additional one-year terms or portions thereof, not to exceed a total aggregate contract term of seven (7) consecutive years.

1.5 DEFINITION OF TERMS

A. Unless otherwise defined herein, all terms defined in Arkansas Procurement Law have the same meaning herein.

B. “Prospective Contractor” means a responsible offeror who submits a proposal in response to this Solicitation.

C. The terms “Request for Proposal,” “RFP,” and “Solicitation” are used synonymously in this document.

D. “Requirement” means a term, condition, provision, deliverable, Specification, or a combination thereof, that is obligated under the Solicitation, resulting contract, or both.

E. “Responsive Proposal” means a proposal submitted in response to this Solicitation that conforms in all material respects to this RFP.

F. “Shall” and “must” mean the imperative and are used to identify Requirements.

https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2FACT237.pdf

G. “Specification” means any technical or purchase description or other description of the physical or functional characteristics, or of the nature, of a commodity or service. “Specification” may include a description of any Requirement for inspecting, testing, or preparing a commodity or service for delivery.

H. “State” means the State of Arkansas. When the term “State” is used herein to reference any obligation of the State under a contract that results from this Solicitation, that obligation is limited to the Department using such a contract.

1.6 SOLICITATION SCHEDULE

For informational purposes, TSS OSP is providing a Solicitation Schedule; however, dates listed and noted with an asterisk (*) are anticipated dates only and are subject to change at the discretion of the State. All times are listed in Central Time.

TABLE A: TENTATIVE SOLICITATION SCHEDULE

ACTIVITY DATE

RFP Release to Prospective Contractors March 12, 2024 Deadline for Prospective Contractor Questions March 19, 2024 @ 5 pm Answers to Questions Posted to ARBuy* March 29, 2024 Proposal Due Date April 1, 2024 @ 2:30 pm Initial Proposal Evaluation* April 10, 2024 Interviews* April 22 – April 26, 2024 Final Proposal Evaluation* April 26, 2024 Discussions Kick Off Meeting* May 3, 2024 Finalize Discussions* May 20, 2024 Post Anticipation to Award* May 21, 2024 Award Contract* July 1, 2024

1.7 CLARIFICATION OF SOLICITATION

A. Submit questions requesting clarification of information contained in this Solicitation via the

Solicitation posting in ARBuy by the date and time listed in Table A.

1. For each question submitted, Prospective Contractor should reference the specific Solicitation item number to which the question refers, as applicable.

2. Prospective Contractors’ written questions will be consolidated and responded to by the State as deemed appropriate. The State’s consolidated written response is anticipated to be posted to the Solicitation posting in ARBuy by the close of business on the date provided in Table A. If Prospective Contractor questions are unclear or non-substantive in nature, the State may request clarification of a question(s) or decline to answer.

B. The Prospective Contractor should notify the TSS OSP Procurement Specialist of any term, condition, etc., that precludes the Prospective Contractor from submitting a compliant, Responsive Proposal. Prospective Contractors should note that it is the responsibility of the Prospective Contractor to seek resolution of all such issues, including those relating to the terms and conditions of the contract, prior to the submission of a proposal.

C. Prospective Contractors may contact the TSS OSP Procurement Specialist with non-substantive questions at any time prior to the proposal opening.

D. An oral statement by TSS OSP will not be part of any contract resulting from this Solicitation and may not reasonably be relied on by any Prospective Contractor as an aid to interpretation unless it is reduced to writing and expressly adopted by TSS OSP.

E. Only an addendum written and authorized by the State will modify the Solicitation.

1. An addendum posted within three (3) calendar days prior to the proposal opening may extend the proposal opening and may or may not include changes to the Solicitation.

1.8 RESPONSE DOCUMENTS

A. All proposal responses must be submitted through ARBuy, the State’s eProcurement system. The system can be accessed at arbuy.arkansas.gov.

1. Prospective Contractors must be registered in ARBuy to submit proposals responses.

B. Technical Proposal Packet

1. Prospective Contractors shall utilize the Technical Proposal Packet to submit their responses.

2. The following items are proposal Submission Requirements and must be submitted as part of a Prospective Contractor’s proposal response.

a. Signed Proposal Signature Page; signature may be ink or digital.

b. Technical Proposal response to the Information for Evaluation section and the Information for Cost Evaluation section included in the Technical Proposal Packet, which must be in the English language.

c. Completed Fee Schedule attached to the Solicitation in ARBuy.

i. Pricing must be proposed in U.S. dollars and cents.

ii. Quantities stated are estimates only and are not guaranteed. Prospective Contractor must submit unit price on the estimated quantity and unit of measure specified.

• The State may order more or less than the estimated quantity on term contracts, and the Contractor shall sell to the Department quantities ordered at no more than the submitted price.

iii. If pricing documents do not allow for accurate pricing, Prospective Contractor should notify the OSP Procurement Specialist at least seventy-two (72) hours before the proposal opening time.

iv. Prices must be firm offers and adjustments may be negotiated at the time of contract renewal.

• A request for a price increase must include supporting documentation demonstrating that the increase in contract price is based on an increased cost to the Contractor and that the proposed pricing is still competitive in the marketplace. The State has the right to approve or deny any request for a price adjustment.

v. Discount from list pricing is not acceptable unless requested elsewhere in the Solicitation.

vi. State or local sales taxes should not be included in the price. Trade discounts should be deducted from the unit price and the net price should be shown in the Pricing Response.

d. Recommended Options Form

i. The Recommended Options form included in the Technical Proposal Packet allows Prospective Contractors to identify any recommended options or optional service ideas that may benefit the State that were not included in the Requirements and the proposed solution.

https://arbuy.arkansas.gov/

e. Copy of Prospective Contractor’s Equal Opportunity Policy

i. Pursuant to Arkansas Code Annotated § 19-11-104, OSP requires a Prospective Contractor bidding on a state contract to submit a copy of the Prospective Contractor’s Equal Opportunity (EO) Policy.

ii. Prospective Contractors not required by law to have an EO Policy must submit a written statement to that effect.

f. Proposed Subcontractors Form (see SRV-1, section 14)

3. The following items, which must be submitted prior to a contract award to the Prospective Contractor, may also be included with the Prospective Contractor’s proposal:

a. EO 98-04: Contract and Grant Disclosure Form (see SRV-1, section 11)

b. Voluntary Product Accessibility Template (VPAT), if applicable

4. Prospective Contractors should not include any other documents or ancillary information, such as a cover letter or promotional/marketing information.

C. Redacted copy of the Technical Proposal Packet

1. One (1) redacted (marked “REDACTED”) copy of the Prospective Contractor’s proposal response (see Proprietary Information), if applicable.

D. Prospective Contractors should submit a resume, which includes qualifications and experiences for all key personnel assigned to this project. Resumes will not count towards the two (2) page limit for this section.

1. Each person’s resume assigned to this project must include evidence of the following experience and provide documented credentials where necessary for the following:

a. Knowledge of State of Arkansas construction rules and bid requirements for public school districts including charter schools.

b. Professional expertise in the review of engineering studies and/or surveys that are submitted to support critical infrastructure needs as provided by any Charter School.

c. Expertise in the evaluation and review of all proposals to ensure compliance with Arkansas energy conservation standards.

d. Expertise in the evaluation and review of any plans to ensure compliance with all state standards applicable to improved design, heating, cooling, ventilation, lighting, insulation, and architectural standards provided by the State of Arkansas to promote maximum energy conservation in new and existing public buildings.

e. Expertise in the financial review of all proposals that may be submitted by any Charter School for funding consideration.

f. Expertise in managing multiple projects at varying levels of funding and allocation timelines.

g. Expertise in managing financial activities established with the repayment schedule from Charter Schools who have received funding from this program.

h. Expertise in providing reporting on the program that may be required.

E. Prospective Contractors should submit a list up to a minimum of three (3) clients, including government clients, for whom your company has performed services similar to those requested in this solicitation. The list will not count towards the two (2) page limit for this section. For each client, the list must specify:

1. Client’s name, title, location address, email address, and telephone number.

https://www.transform.ar.gov/wp-content/uploads/Services-Contract-SRV-1-Fillable-Form-V.3.6.27.22.pdf https://www.transform.ar.gov/wp-content/uploads/Services-Contract-SRV-1-Fillable-Form-V.3.6.27.22.pdf https://www.section508.gov/sell/vpat/

2. The type of work your company provided the client.

3. Contract dates (beginning and end dates) your company provided services to the client.

F. Prospective Contractors should not alter language in Solicitation document(s) or Official Proposal Price Sheet provided by the State.

G. Prospective Contractor’s proposals cannot be altered or amended after the proposal opening except as permitted by law or rule.

H. Prospective Contractors may submit multiple proposals.

1.9 PRICING

Because there is no cost to the State associated with this solicitation, the Prospective Contractor should not submit any actual pricing information with the Proposal response except for the written response to the Information for Cost Evaluation located in the Technical Proposal Packet and the Fee Schedule that will be used for informational purposes only.

SECTION 2 – REQUIREMENTS

2.1 PROSPECTIVE CONTRACTOR MINIMUM QUALIFICATIONS

A. The Prospective Contractor shall have three (3) years experience in working with programs similar to the size, scope, and complexity of this RFP to include but not be limited to Charter School facilities, finance, and lending.

B. The Prospective Contractor shall have 501(c)(3) tax exempt status.

C. The Prospective Contractor shall have experience lending to Charter Schools in Arkansas.

2.2 GENERAL REQUIREMENTS

A. The Contractor shall sponsor, administer, and manage the Charter School Revolving Loan Fund program.

B. The Contractor shall have the ability to raise external capital through borrowing of money, through donations, etc. to support the Revolving Loan Fund Program.

C. The Contractor shall provide additional capital to leverage ADE-DESE’s initial grant investment.

D. The Contractor shall administer the program, including structuring loans, underwriting charter school obligors, servicing loans, monitoring loan performance, and remediating defaults.

E. The Contractor shall establish eligibility criteria for prospective charter school obligors.

F. The Contractor shall provide ADE-DESE with information concerning program developments through the submission of annual performance reports.

G. The Contractor shall have knowledge of State of Arkansas procurement rules and applicable statutes.

H. The Contractor shall develop the rules and regulations regarding the implementation and administration of the revolving loan program.

I. The Contractor shall establish the application process for Charter Schools to request funding for certain capital improvements.

J. The Contractor shall develop the application and review process for Charter Schools for these funds as outlined in Act 237 of 2023.

K. The Contractor shall establish a criteria and process to accept, review, and make determinations on applications received from Charter Schools.

L. The Contractor shall recommend to the Arkansas Department of Education how to allocate the appropriate funding levels for each applicant Charter School.

M. The Contractor shall review plans and specifications to ensure that the requests recommended for funding meet any/all required construction codes and guidelines to be deemed as critical infrastructure improvements as listed in the legislation.

N. The Contractor shall establish, recommend, and maintain basic financial records that will detail the amount of any funding to be awarded to the various Charter Schools, track the repayment schedules and/or provide documentation that the financial obligations have or have not been met by the Charter Schools.

O. The Contractor shall recommend and establish all other matters that the Arkansas Department of Education determines are necessary to establish and maintain the Charter School Revolving Loan Fund Program as an accessible and perpetual source of funding for making facility improvements at all levels of education in the state as established by Act 237 of 2023.

P. The selected Contractor shall establish the rules and regulations regarding the program such as but not limited to those listed below and provide a plan of actions as to how they will be implemented.

1. An application process by which Charter Schools may request a loan, including the deadline by which ADE-DESE must receive applications.

2. The factors to be considered by ADE-DESE in determining whether an educational entity will be awarded the full or a partial amount of a loan requested.

3. A process by which ADE-DESE determines if an entity receiving a loan is required to pledge monies for the repayment of the loan and sources of revenue that are acceptable whenever the department requires a pledge.

4. The actions that may be taken if an entity is in arrears on loan repayments, which may include withholding of future payments to the district, including the withholding of state funds.

5. A process by which applicants demonstrating an emergency or other critical infrastructure needs are first priority in receiving loans from the fund.

2.3 LOANS TO CHARTER SCHOOLS

A. Loans can be made to Charter Schools for the following purposes to include but not be limited to the following:

1. Repairs and renovations to existing school buildings and related facilities used in the operation of a Charter School.

2. Construction of new facilities or repairs and renovations to existing school facilities for the purpose of establishing, improving, or expanding prekindergarten programs in a Charter School.

3. Construction of new career and technical education facilities or repairs and renovations to existing school facilities for the purpose of upgrading or expanding a Charter School career and technical education program.

4. Funds must not be used for athletic facilities.

5. To pay the principal and interest of Charter School indebtedness represented by bonds or notes issued after 07/01/2017 but before 07/01/2022 for capital improvements. Limit to a maximum loan amount of $500,000 for this purpose.

6. The maximum total amount of outstanding loans an applicant may receive in a fiscal year must be limited to one million dollars ($1,000,000.00).

7. The maximum total amount of a loan an applicant may receive for a single project must not exceed one million dollars ($1,000,000.00) per fiscal year. A loan may not exceed one hundred percent (100%) of the cost of the project for which the loan is requested.

2.4 STAFFING

A. The Contractor shall be required to provide a Staffing Plan during the Discussions phase.

B.

The Contractor shall include in the Staffing Plan a Project Manager. The Project Manager shall, at a minimum:

1. Be PMP Certified and have one (1) year experience in raising external capital to support the Revolving Loan Fund Program of similar size and scope to this RFP.

OR

2. Have two (2) years of experience working with the implementation of projects of similar size and scope to this RFP.

3. Coordinate with the Agencies through a staff team to finalize a solution, implement technology components, and manage needed changes to project scope.

C. The Agency has the right to approve or reject proposed staff members prior to the finalization of the plan after Contract Award.

D. The Contractor shall include, in the Staffing Plan, a provision to address the vacancies of key personnel. In the event of the vacancy of a key person, the Contractor shall provide replacement candidates to the Agency for the Agency’s review within fifteen (15) Calendar Days of the Contractor learning of the vacancy. The Agency has the right to approve or reject proposed replacements if they do not meet the minimum requirements set forth in the RFP.

E. The Contractor shall replace key personnel upon request by the Agency for justified reasons including but not limited to performance, behavior, and security.

F. The Contractor shall provide and maintain sufficient staffing resources to provide timely service for the life of the contract.

G. Background Checks

1. At commencement of contract award, Contractor shall conduct Federal and State Criminal Background Checks on all personnel involved in any aspect of the process described in this RFP and provide a copy to ADE.

2. The Agency has the right to refuse personnel based on results of the criminal background checks.

2.5 PROJECT DELIVERY

A. During the Discussions Phase, the Contractor shall detail the responsible party(ies) who owns the project delivery and who will be responsible for keeping staff of ADE-DESE informed of the status of the project during its life cycle. At a minimum, this section should include the following project personnel.

Role Name Contact Details Project Sponsor [list here] [list here]

Project Manager [list here] [list here]

Project Staff [list here] [list here]

2.6 REPORTING

A. The Contractor shall create a communications plan during the Discussions phase for quarterly and annually project reporting. The reporting must be available to ADE-DESE at any time throughout the life of this contract and at the discretion of ADE-DESE.

B. The Contractor shall include the frequency of any meeting(s) that will require attendance and/or input from the ADE-DESE, Charter School(s), distribution of project reports or use of any project management software that may be suggested.

2.7 PERFORMANCE STANDARDS

A. State law requires that qualifying contracts for services include Performance Standards for measuring the overall quality of services that a Contractor shall provide.

B. The State may be open to negotiations of Performance Standards prior to contract award, prior to the commencement of services, or at times throughout the contract duration.

C. Performance Standards shall not be amended unless they are agreed to in writing and signed by the parties.

D. Failure to meet the minimum Performance Standards as specified will result in the assessment of damages.

E. In the event a Performance Standard is not met, the Contractor will have the opportunity to defend or respond to the insufficiency. The State has the right to waive damages if it determines there were extenuating factors beyond the control of the Contractor that hindered the performance of services. In these instances, the State has final determination of the performance acceptability.

F. Should any compensation be owed to the Department due to the assessment of damages, Contractor shall follow the direction of the Department regarding the required compensation process.

SECTION 3 – SELECTION

3.1 SELECTION PROCESS

A. TSS OSP will review each Technical Proposal Packet to verify Submission Requirements have been met. Technical Proposal Packets that do not meet Submission Requirements will be rejected and will not be evaluated.

1. The State may conduct cost checks based on the cost submitted by each Prospective Contractor on the completed Pricing Response.

a. Prospective Contractors submitting Responsive Proposals with a proposed cost that falls twenty-five percent (25%) or more from the average submitted cost may be asked to justify their submitted cost.

b. Should TSS OSP request clarification and/or additional information regarding cost, Prospective Contractors shall provide clarification and/or additional information as specified by the request.

B. A Department-appointed Evaluation Committee will evaluate and score qualifying Technical Proposals. Evaluation will be based on Prospective Contractor’s response to the Information for Evaluation section and the Information for Cost Evaluation section included in the Technical Proposal Packet.

1. Information for Cost Evaluation will be provided to the members of the Evaluation Committee (Evaluators) for them to determine which proposal is the most advantageous to the State.

2. Members of the Evaluation Committee (Evaluators) will individually review and evaluate proposals and complete an Individual Score Worksheet for each proposal. Individual scoring for each Evaluation Criteria will be based on the scoring description in Table B: Scoring Table.

TABLE B: SCORING TABLE

SCORE DESCRIPTION

10 The response provides metrics clearly establishing that the Prospective Contractor is reliable and capable of fully performing the required services.

The response provides metrics suggesting that the Prospective Contractor’s level of performance may be acceptable, but it does not clearly establish that the Prospective Contractor is reliable and capable of fully performing the required services.

0 The response provides metrics clearly establishing that the Prospective Contractor is unreliable and incapable of fully performing the required services.

3. After initial individual evaluations are complete, the Evaluators will meet to discuss their individual scores. At the initial consensus meeting, each Evaluator will be afforded an opportunity to discuss his or her score for each evaluation criteria.

4. After Evaluators have had an opportunity to discuss their individual scores with the committee, the Evaluators will be given the opportunity to change their initial individual scores, if they feel that is appropriate.

5. The final individual scores of the Evaluators will be recorded on the Pre-Interview Consensus Score Sheets and averaged to determine the group or consensus score and rank for each proposal.

6. Other agencies, consultants, and experts may also examine documents at the discretion of the Department.

C. Prospective Contractors submitting Responsive Proposals will be contacted by TSS OSP to schedule an interview.

1. Prospective Contractors shall attend the interview as scheduled by TSS OSP.

2. Evaluators will complete an Individual Score Worksheet for each interview. Evaluation will be based on Prospective Contractor’s responses to questions presented during the interview.

Individual scoring for each interview will be based on the Scoring Descriptions in 3.1.B.1.

3. During a final consensus meeting, after all interviews are complete, Evaluators will have the opportunity to discuss the interviews and change their individual interview scores on the Post- Interview Consensus Score Sheet, if they feel that is appropriate.

4. The final individual scores of the Evaluators will be recorded on the Post-Interview Consensus Score Sheets and averaged to determine the group or consensus score and rank for each proposal.

D. Should the State request clarification and/or additional information Prospective Contractors’ responses, Prospective Contractors shall provide clarification and/or additional information as specified by the State.

E. TSS OSP will submit responses and Information for Cost Evaluation received from the interviewed Perspective Contractors, along with the Evaluation Committee’s recommendation to the Department for review and approval to move into Discussions.

3.2 TECHNICAL PROPOSAL SCORE

A. The Information for Evaluation section has been divided into sub-sections.

1. Each sub-section has been assigned a maximum point value of ten (10) points. The total point value for each sub-section is reflected in the table below as the Maximum Raw Points Possible.

2. The Department has assigned Weighted Percentages to each sub-section according to its significance.

INFORMATION FOR EVALUATION

SUB-SECTIONS

MAXIMUM

RAW

POINTS

POSSIBLE

SUB-SECTION’S

WEIGHTED

PERCENTAGE

* MAXIMUM

WEIGHTED

SCORE

POSSIBLE

Experience 10 30% 140 Solution 10 30% 210 Risk 10 20% 140 Interview 10 20% 210

Total Technical Score 40 100% 700 *Sub-Section’s Percentage Weight x Total Technical Maximum Weighted Score = Maximum Weighted Score Possible for the sub-section.

B. The proposal’s weighted score for each sub-section will be determined using the following formula:

(A/B)*C =D

A = Actual Raw Points received for sub-section in evaluation B = Maximum Raw Points possible for sub-section C = Maximum Weighted Score possible for sub-section D = Weighted Score received for sub-section

C. The proposal’s weighted scores for sub-sections will be added to determine the Total Technical Score for the proposal.

D. Proposals that do not receive a minimum Total Technical Score of 300 will not be subject to further consideration in the Solicitation process. The pricing for proposals that do not receive a minimum Total Technical Score of 300 will not be scored.

3.3 COST EVALUATION SCORE

A. The Department-appointed Evaluation Committee will evaluate and score qualifying Cost Proposals.

Evaluation will be based on Prospective Contractor’s response to the Information for Cost Evaluation.

1. Members of the Evaluation Committee will individually review and evaluate proposals and complete an Individual Score Worksheet for each proposal. Individual scoring for each Evaluation Criteria will be based on the following Scoring Description.

B. The Information for Cost Evaluation section has been divided into sub-sections.

1. In each sub-section, items/questions have each been assigned a maximum point value, the total point value for each sub-section is reflected in the table below as the Maximum Score Possible.

Cost Evaluation Sub-Sections

Maximum Raw

Points Possible

Sub- Section’s Weighted

Percentage

* Maximum Weighted

Score Possible

RESPONSE 1 10 40 120

RESPONSE 2 10 20 60

RESPONSE 3 10 40 120

Total Cost Score 30 100% 300

3.4 GRAND TOTAL SCORE

The Technical Score and Cost Score will be added together to determine the Grand Total Score for the proposal. The State may move forward to Discussions with the Prospective Contractor determined reasonably susceptible of being selected for award.

MAXIMUM

POINTS

POSSIBLE

Technical Proposal 700

Cost 300

Maximum Possible Grand Total Score 1,000

3.5 EXPLANATION OF THE SUB-SECTIONS OF THE TECHNICAL PROPOSAL

A. Experience

1. The Experience sub-section included in the Technical Proposal Packet allows Prospective Contractors to differentiate themselves based on their experience, technical capability, and understanding of the State’s specific needs.

2. Prospective Contractors should identify expertise in the form of a claim and provide relevant experience to support each claim.

3. Prospective Contractors should use verifiable metrics (number of accounts, size of accounts, years of experience, customer satisfaction ratings) to support each claim.

B. Solution

1. The Solution sub-section included in the Technical Proposal Packet allows Prospective Contractors to differentiate themselves based on their proposed solution and/or approach to solve the State’s specific needs.

2. Prospective Contractors should provide a high-level overview of the Prospective Contractor’s proposed solution and/or approach to services using the Requirements outlined in the RFP.

3. Proposed solutions should be non-technical and include the Prospective Contractor’s recommendations for meeting the objectives and Requirements of the RFP.

4. Additional service options and recommendations above and beyond those included in proposed solution should be included in the Recommended Options Form.

C. Risk

1. The Risk sub-section included in the Technical Proposal Packet allows Prospective Contractors to identify and prioritize major risks that they reasonably foresee could potentially prevent or impair the Prospective Contractor’s delivery of the solution as offered in the proposal or to otherwise fail to meet the State’s desired outcome, specifications, and performance standards, and how they will mitigate, manage, and/or minimize each risk listed.

a. Prospective Contractors should include sources, causes, or actions that are both within and beyond the control of the Prospective Contractors that they reasonably foresee may cause cost increases, delays, amendments, or dissatisfaction to the State.

b. Risks should be described in simple, clear, and non-technical terms.

c. Prospective Contractor should explain how the Prospective Contractor will mitigate, manage, and/or minimize each risk listed.

i. The Documented Performance cell should include details such as how many times any identified risk was previously mitigated and the impact on the Prospective Contractor’s performance in terms of time, cost, and client satisfaction.

D. Interview

1. The Interview will allow Prospective Contractors to further demonstrate their experience in providing the services outlined in the RFP.

a. Each Prospective Contractor meeting the Submission Requirements will be contacted by TSS OSP to schedule an interview. Prospective Contractors shall attend the interview as scheduled by TSS OSP.

b. Prospective Contractors shall identify one (1) Project Lead at the time of interview confirmation who shall attend the interview as part of the evaluation process.

c. The Evaluation Committee will interview the Prospective Contractor’s identified Project Lead using a pre-determined set of interview questions. Follow up questions may be asked based on responses given by the Project Lead.

3.6 DISCUSSIONS

A. The State will move forward into Discussions with the responsible Prospective Contractor(s) whose proposal(s) have been determined to be reasonably susceptible to being selected for award.

B. Discussions may be conducted with the highest-ranking Prospective Contractor based on the Grand Total Score for each proposal or with multiple Prospective Contractors reasonably susceptible of being awarded a contract.

C. Should the State choose to engage in Discussions with the highest-ranking Prospective Contractor, the Prospective Contractor invited to participate in Discussions shall provide all documents required during Discussions.

1. Should the Department determine, through the Discussions process, that the Prospective Contractor’s solution, approach, timelines, deliverables, expectations of the State, or a combination thereof make the Prospective Contractor no longer reasonably susceptible of being awarded a contract, the Department may abandon Discussions with that Prospective Contractor through a written justification to TSS OSP, and may proceed to additional rounds of Discussions with the next highest-ranking Prospective Contractor.

D. Should the State choose to engage in Discussions with multiple Prospective Contractors contemporaneously, each Prospective Contractor invited to participate in Discussions shall provide all documents required during Discussions.

1. Should a Prospective Contractor not provide the required documents within timeframes requested by TSS OSP or choose not to engage in the Discussions process, the Prospective Contractor’s proposal will be considered withdrawn and will not be subject to further consideration in the Solicitation process.

E. If Discussions necessitate material revisions of proposals, each responsible Prospective Contractor reasonably susceptible of being awarded a contract will be provided an opportunity to revise its proposal for the purpose of submitting a best and final offer.

F. During the Discussions Kick Off Meeting, the Prospective Contractor shall provide the following documents to the State:

1. A detailed scope of work clearly identifying the Prospective Contractor’s understanding, implementation, and performance of services required in this RFP, including all activities required by the Contractor and all activities expected by the State/Participating Entities

2. A Risk Management Plan intended to mitigate any risks, including but not necessarily limited to, the risks identified in the Risk Plan submitted in the Prospective Contractor’s Technical Proposal Packet

3. A proposed financial summary, including:

a. The completed Pricing Response and Recommended Options Form submitted in the Prospective Contractor’s Technical Proposal Packet

b. A proposed payment schedule

4. Proposed project management and reporting templates

G. During the Discussions Kick Off Meeting, the Prospective Contractor shall address questions and/or concerns the State may have to the satisfaction of the State.

H. During Discussions, the Prospective Contractor shall revise the discussions documents until agreement is made and the State has provided final approval.

1. The Prospective Contractor shall attend follow up Discussions meeting as determined necessary by the State. Reasonable effort will be made to accommodate scheduling conflicts.

I. During Discussions, the Prospective Contractor shall present a final draft of the Discussions documents to the State, including, at minimum:

1. A summary of all plans and scope of work developed during the discussions process and mutually agreed upon by the State and the Prospective Contractor

2. A detailed scope of work clearly identifying the Prospective Contractor’s implementation and performance of services required in this RFP, including all provisions negotiated and agreed upon by the State and the Prospective Contractor since the Discussions Kick Off Meeting

3. Description of deliverables in terms of simplified metrics

4. The Risk Management Plan

5. Project management and reporting templates

6. Financial summary, including:

a. The completed Pricing Response submitted in the Prospective Contractor’s Technical Proposal Packet

b. A list of agreed upon and accepted recommended options (with impact to price)

c. A payment schedule

d. Contact information for the Prospective Contractor’s key personnel

J. During Discussions, the Prospective Contractor shall present the final drafts of the items and shall summarize the coordination and planning completed during the discussion process.

K. Once approved by the State, final drafted documents will become part of the resulting contract.

L. The Prospective Contractor may determine which key personnel will attend the Discussions meetings.

3.7 ANTICIPATION TO AWARD

A. Once an anticipated Contractor has been determined, the anticipated award will be posted to the

Solicitation posting in ARBuy by the date and time listed in Section 1.4, Table A.

1. It is the responsibility of Prospective Contractors to check the ARBuy website for the posting of an anticipated award.

B. Anticipated awards will generally be posted for a period of fourteen (14) days prior to the issuance of a contract. These notices are anticipated awards only and are subject to protest.

C. A contract resulting from this Solicitation is subject to State review and approval processes prior to award, which may include Legislative review.

3.8 PROSPECTIVE CONTRACTOR ACCEPTANCE OF EVALUATION TECHNIQUE

The submission of a Technical Proposal Packet signifies the Prospective Contractor’s understanding and agreement that some subjective value judgments will be made during the evaluation and scoring of the technical proposals.

SECTION 4 – SOLICITATON TERMS AND CONDITIONS

4.1 ACCEPTANCE OF REQUIREMENTS

A. A Prospective Contractor's past performance with the State may be used to determine if the Prospective Contractor is responsible (OSP Rule R8:19-11-229).

1. Proposals submitted by Prospective Contractors determined to be non-responsible will be rejected.

B. A single Prospective Contractor must be identified as the prime contractor.

1. The prime Contractor shall be responsible for the resulting contract and jointly and severally liable with any of its subcontractors, affiliates, or agents to the State for the performance thereof.

C. By submission of a proposal, the Prospective Contractor represents and warrants:

1. That the prices in the proposal have been arrived at independently, without any collusion with another competing Prospective Contractor.

a. Collusion violates Arkansas Procurement Law and can lead to suspension, debarment, and can be referred to the Attorney General’s officer for investigation and appropriate legal action (Arkansas Code Annotated § 19-11-240 and 19-11-245).

2. That the Prospective Contractor has not retained a person to solicit or secure the resulting contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the Prospective Contractor for the purpose of securing business.

D. Prospective Contractor should not discuss the Solicitation or proposal response, issue statements or comments, or provide interviews to public media during the Solicitation and award process.

E. Qualifications and services must meet or exceed the required Specifications as set forth in the Solicitation.

F. The State will not pay costs incurred in the preparation of a proposal.

4.2 GENERAL TERMS AND CONDITIONS

A. The Contractor must be registered as a vendor to receive payment and may register online by visiting https://www.ark.org/contractor/index.html and clicking the Start Here button.

B. The Prospective Contractor represents and warrants that, prior to being awarded any executed contract resulting from this solicitation, the Prospective Contractor has taken or shall take all actions necessary to receive payment from the State through Electronic Funds Transfer (EFT) for the services and/or commodities to be provided under any such contract. This includes, without limitation, the following actions:

1. Signing documents authorizing the State to make EFT payments into a bank account designated by the Prospective Contractor.

2. Providing all information requested by the State to set up EFT payments, including either a voided check or a letter from their financial institution that contains the following information:

a. Account holder’s name

b. Account number

c. Routing number

d. Financial institution official’s contact information and signature

3. In the event the EFT information changes, the Contractor shall be responsible for providing the updated information to the State. No interest or late payment penalty will apply if payment is https://www.ark.org/contractor/index.html delayed because of the Contractor’s failure to initially provide or update information necessary for the State to make EFT payment.

C. Pursuant to Arkansas State Procurement Law, the Contractor shall certify that, unless they offer to provide the goods or services for at least twenty percent (20%) less than the lowest certifying Prospective Contractor:

1. They are not engaged in and shall not, during the aggregate term of the resulting contract, engage in a boycott of Israel (Arkansas Code Annotated § 25-1-503),

2. They are not engaged in and shall not, during the aggregate term of the resulting contract, engage in a boycott of an Energy, Fossil Fuel, Firearms, or Ammunition Industry (Arkansas Code Annotated § 25-1-1102).

D. Pursuant to Arkansas Procurement Law, the Contractor shall certify that the Contractor does not knowingly employ or contract with illegal immigrants and that the Contractor shall not knowingly employ or contract with illegal immigrants during the aggregate term of any contract with the State or any of its departments, institutions, or political subdivisions (Arkansas Code Annotated § 19-11-105).

E. Specifications, drawings, technical information, dies, cuts, negatives, positives, data, other such item furnished by the State to the Contractor, or a combination thereof hereunder or in contemplation hereof or developed by the Contractor for use hereunder shall:

1. Remain property of the State.

2. Be kept confidential as permitted or required by law.

3. Be used only as expressly authorized.

4. Be returned at the Contractor's expense to the F.O.B. destination point provided by the State, as requested by the State.

a. The Contractor shall properly identify items being returned.

F. The Contractor shall invoice the State as required by the Department and should not invoice the State in advance of delivery and acceptance of any goods or services (Arkansas Code Annotated § 19-4-1206).

1. The Contractor should invoice the agency by an itemized list of charges. The Department’s purchase order number and/or the contract number should be referenced on each invoice.

2. Payment will be made in accordance with applicable State of Arkansas accounting procedures upon acceptance of goods and services by the Department.

3. Payment will be made only after the Contractor has successfully satisfied the Department as to the reliability and effectiveness of the goods or services purchased as a whole.

G. The Contractor should be able to accept the State’s authorized VISA Procurement Card (p-card) as a method of payment. Price changes or additional fee(s) must not be levied against the State when accepting the p-card as a form of payment.

H. The Prospective Contractor shall certify that they are not a company owned in whole or with a majority ownership by the government of the People's Republic of China (a “Scrutinized Company”) and that they do not and shall not during the aggregate term of the resulting contract employ a Scrutinized Company as a contractor (Arkansas Code Annotated § 25-1-1203).

I. This RFP incorporates all terms of the Services Contract (SRV-1) Fillable Form (found here).

1. The contract template is attached to the Solicitation in ARBuy as a sample for your information only.

2. A Prospective Contractor’s proposal may be rejected if a Prospective Contractor takes exception to any terms, conditions, or Requirements in this RFP.

https://www.transform.ar.gov/wp-content/uploads/Services-Contract-SRV-1-Fillable-Form-V.3.6.27.22.pdf

J. The Prospective Contractor agrees and shall adhere to all terms, conditions, and Requirements if selected as the Contractor.

1. Items may only be modified if the legal requirement is satisfied and approved by the State during Discussions.

4.3 TECHNOLOGY ACCESS

A. When procuring a technology product or when soliciting the development of such a product, the State of Arkansas is required to comply with the provisions of Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, which expresses the policy of the State to provide individuals who are blind or visually impaired with access to information technology purchased in whole or in part with state funds. The Contractor expressly acknowledges and agrees that state funds may not be expended in connection with the purchase of information technology unless that technology meets the statutory Requirements found in 36 C.F.R. § 1194.21, as it existed on January 1, 2019 (software applications and operating ICSs) and 36 C.F.R. § 1194.22, as it existed on January 1, 2019 (web-based intranet and internet information and applications), in accordance with the State of Arkansas technology policy standards relating to accessibility by persons with visual impairments.

B. Accordingly, the Contractor expressly represents and warrants to the State of Arkansas through the procurement process by submission of a Voluntary Product Accessibility Template (VPAT) for 36 C.F.R. § 1194.21, as it existed on January 1, 2019 (software applications and operating ICSs) and 36 C.F.R. § 1194.22, that the technology provided to the State for purchase is capable, either by virtue of features included within the technology, or because it is readily adaptable by use with other technology, of:

1. Providing, to the extent required by Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, equivalent access for effective use by both visual and non-visual means.

2. Presenting information, including prompts used for interactive communications, in formats intended for non-visual use.

3. After being made accessible, integrating into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired.

4. Providing effective, interactive control and use of the technology, including without limitation the operating system, software applications, and format of the data presented is readily achievable by nonvisual means.

5. Being compatible with information technology used by other individuals with whom the blind or visually impaired individuals interact.

6. Integrating into networks used to share communications among employees, program participants, and the public.

7. Providing the capability of equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

C. State agencies cannot claim a product as a whole is…