S000000214 Bond Counsel RFQ REVISED~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 QUALIFICATION

SOLICITATION DOCUMENT

SOLICITATION INFORMATION

Solicitation Number: S000000214 Solicitation Issued: February 28, 2023

Description: Bond Counsel

Department: Arkansas Department of Agriculture, Natural Resources Division

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Response Opening Date:

March 21, 2023 Response Opening Time:

2:00 p.m. CST

Response submissions for this Request for Qualification must be submitted through ARBuy, the State’s eProcurement system. It can be accessed at https://arbuy.arkansas.gov. Responses received after the submission deadline may be rejected as untimely. See Section 1.2 for information regarding Live Response Openings.

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Buyer: Tiffany Maddox Buyer’s Direct Phone Number: 501-324-9320

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

TSS OSP

Website:

https://www.transform.ar.gov/procurement/ https://arbuy.arkansas.gov/ https://www.transform.ar.gov/procurement/

SECTION 1 - GENERAL INSTRUCTIONS AND INFORMATION

• Do not provide responses to items in this section unless specifically and expressly required.

1.1 PURPOSE

The TSS Office of State Procurement (TSS OSP) issues this Request for Qualification (RFQ) on behalf of The Arkansas Natural Resources Commission (ANRC) to obtain responses and a contract for Bond and Program Counsel services for the Clean Water Revolving Loan Fund and the Drinking Water State Revolving Fund, collectively known as the SRF’s as well as the Arkansas water, Waste Disposal and Pollution Abatement Facilities General Obligation (G.O.) Bond Program. ANRC currently operates the SRF’s to provide capital for construction of infrastructure to further the purposes of the Clean Water and Safe Drinking Water Acts as well as the G.O. Bond Program to provide capital for construction of water, wastewater, and solid waste infrastructure projects. Direct any questions, comments, or concerns regarding this solicitation to the TSS Office of State Procurement, not the ANRC.

1.2 LIVE RESPONSE OPENING

The response opening may be viewed online as follows:

MS Teams Meeting Link: Click here to join the meeting Meeting Passcode: XeqhSk

Meeting ID: 254 495 380 330 Dial-In Information:

Conference ID:

501-224-3310

278 695 336#

1.3 TYPE OF CONTRACT

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

B. The anticipated starting date for any resulting contract is contract award except that the actual contract start date may be adjusted forward unilaterally by the State for up to three (3) calendar months. By submitting a signed response to the RFQ, the Prospective Contractor represents and warrants that it will honor its response 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 Agency, the contract may be renewed by 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.

1.4 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.

TABLE A: TENTATIVE SOLICITATION SCHEDULE

ACTIVITY DATE

RFQ Release to Prospective Contractors February 28, 2023

Bidders Conference March 3, 2023 @ 10:00 a.m.

Deadline for Prospective Contractor Questions March 6, 2023, midnight CST

Answers to Questions Posted to ARBuy* March 10, 2023

Response Due Date March 21, 2023 @ 2:00 p.m.

Interviews* March 28 & 29, 2023

Post Anticipation to Award* April 17, 2023

Award Contract* May 1, 2023 https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTczNjFkM2QtNDNhMS00ODgyLTk5NTctODVjZGUzOTY5MzU4%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%229e90e135-bbe1-4767-b7b7-ba808ff42eae%22%7d

1.5 BIDDERS CONFERENCE

A. TSS OSP will host a bidders’ conference to provide additional information and clarification regarding the RFP.

1. The conference will take place on the date and time listed in Section 1.4 Table A.

2. The conference is important for Prospective Contractors to understand the tasks a Prospective Contractor shall complete when submitting a proposal (“Submission Requirements”).

3. Prospective Contractors may attend the conference via Microsoft Teams.

4. The bidders conference presentation will be posted to the Solicitation posting in ARBuy.

1.6 CLARIFICATION OF SOLICITATION

A. Submit any questions requesting clarification of information contained in this Solicitation via the solicitation posting in ARBuy by the date and time listed in Section 1.4, Table A to the TSS OSP buyer as shown on page one (1) of this Solicitation.

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

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 March 10, 2023. 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 buyer of any term, condition, etc., that precludes the Prospective Contractor from providing a compliant, Responsive Submission.

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 response.

C. Prospective Contractors may contact the TSS OSP buyer with non-substantive questions at any time prior to the response 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.

1.7 DEFINITION OF TERMS

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

B. “Prospective Contractor” means a responsible offeror who submits a response to this solicitation.

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

D. “Responsive Submission” means a submission in response to this solicitation that conforms in all material respects to this RFQ.

E. “Shall” and “Must” mean the imperative and are used to identify requirements.

MS Teams Meeting Link: Click here to join the meeting Meeting Passcode: sCfzTg

Meeting ID: 211 520 419 823 Dial-In Information:

Conference ID:

501-244-3310

173 932 870# https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmNmOGUxMWMtMjEzYS00NTYwLWEyODQtYTc2MTZkNGY0NmIz%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%229e90e135-bbe1-4767-b7b7-ba808ff42eae%22%7d

F. “Requirement” means something required.

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.

1.8 PRICING

A. Prospective Contractor shall not include any pricing in their response.

B. Pricing will be negotiated with the apparent successful Contractor after the evaluation of responses.

C. Should the Prospective Contractor’s response contain any pricing, the response may be rejected.

1.9 RESPONSE DOCUMENTS

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

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

B. Response Packet

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

2. The following items are response submission requirements and must be submitted as part of a Prospective Contractor’s response. (See Response Packet)

a. Signed Response Signature Page. Signature may be ink or digital. (See Response Packet)

b. Response to the Information for Evaluation sections. (See Response Packet)

c. Proposed Subcontractors Form.

i. The utilization of any proposed subcontractor is subject to approval by the Division.

d. Recommended Options Form. The Recommended Options form included in the Response

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.

e. Exceptions Form.

f. Copy of Prospective Contractor’s Equal Opportunity Policy.

3. Responses within the Information for Evaluation and Exceptions sections must not contain the Prospective Contractor’s name or any other identifiers, including without limitation names of staff members, projects, clients, products, and addresses.

4. The following item(s), 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.

https://arbuy.arkansas.gov/

5. Response must be in the English language.

6. DO NOT include any other documents or ancillary information, such as a cover letter or promotional/marketing information.

C. Pricing is not requested for this solicitation and must not be submitted with the response.

D. Redacted Copy of the Response Packet

1. One (1) redacted (marked “REDACTED”) copy of the Prospective Contractor’s response. For more information on Proprietary, Confidential, and Exempt information, reference Section six (6) of the Solicitation Terms and Conditions document located on the TSS OSP website here.

1.10 ACCEPTANCE OF REQUIREMENTS

A. Unless a Prospective Contractor expressly and conspicuously identifies any exception or exceptions to any of the Requirements in the Requirements Section(s) of this Solicitation by listing them on the Exceptions Form (See Response Packet), Prospective Contractor understands and agrees its submission of a response to represent that its response meets all such Requirements.

B. A Prospective Contractor’s response may be rejected if a Prospective Contractor takes exception to any Requirements in the Requirements Section(s) of this Solicitation.

1.11 ADDITIONAL TERMS AND CONDITIONS

A. This RFQ incorporates all of the Solicitation Terms and Conditions located on the TSS OSP website here.

B. Any special terms and conditions included in this solicitation shall override the Solicitation Terms and Conditions.

C. Unless a Prospective Contractor expressly and conspicuously identifies any exception or exceptions to any of the terms in the Services Contract (SRV-1) Fillable Form (found here) by listing them on the Exceptions Form (see Response Packet), Prospective Contractor agrees and shall adhere to all terms if selected as the successful Contractor. Items identified as non-negotiable may only be modified if the legal requirement is satisfied and approved by the State.

D. A Prospective Contractor’s response may be rejected if a Prospective Contractor takes exception to any terms or conditions in the documents listed in 1.11.A and 1.11.C.

https://www.transform.ar.gov/wp-content/uploads/2021/12/MASTER-Solicitation-Terms-and-Conditions-11-29-21.pdf https://www.transform.ar.gov/wp-content/uploads/2021/12/MASTER-Solicitation-Terms-and-Conditions-11-29-21.pdf https://www.transform.ar.gov/wp-content/uploads/2021/08/Services-Contract-SRV-1-Fillable-Form-V.2.pdf

SECTION 2 – REQUIREMENTS

2.1 BACKGROUND

The Arkansas Natural Resources Commission (Commission) is authorized from multiple sources in the Arkansas Code to issue bonds. Under Ark. Code Ann. § 15-22-705, the Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987, the Commission is authorized to issue general obligation bonds (GO Bond Program).

ANRC has an Interagency Agreement (IA) with the Arkansas Development Finance Authority (ADFA) to manage separate accounts, including but not limited to the federal grant, state match, bond proceeds, admin fee account, and loan repayments, subject to administration by ANRC. As a result, ADFA may participate in bond issuances and other services under this contract.

The Commission will also issue bonds in connection with the Clean Water and Drinking Water State Revolving Loan Fund Program (SRF Bond Program). The Safe Drinking Water Fund, Ark. Code Ann. § 15- 22-1101-1110, was established by Act 772 of 1997. The Arkansas Clean Water Revolving Loan Fund, Ark.

Code Ann. § 15-5-901-906, was established by Act 1030 of 1987 and later superseded by Act 718 of 1991.

Both the Safe Drinking Water Fund and the Arkansas Clean Water Revolving Loan Fund are special funds of the Arkansas Development Finance Authority to be administered by the Commission to provide loans for the planning, design, acquisition, construction, expansion, equipping, consolidation, and rehabilitation of water systems, wastewater systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects.

Issuing bonds under the GO Bond Program and the SRF Bond Program are essential to the operations and function of the Commission. The Commission relies on issuing bonds under these programs to fund its operations in loaning money to eligible entities in Arkansas. Due to the complex and specialized nature of the issuance of bonds, the Commission has historically obtained outside bond counsel to provide legal counsel in its issuance of bonds under the GO bond program. Obtaining outside bond counsel is allowable under Ark. Code Ann. § 25-16-702(c), which maintains that the Governor may authorize the employment of counsel by the department needing the services of an attorney when the Attorney General is unable to render the service requested. The Department has been under contract with bond counsel since 2020, but that contract expired on June 30, 2022.

2.2 OBJECTIVES AND GOALS

To obtain outside counsel to advise ANRC on issuing bonds under the GO Bond Program and the SRF’s Bond Program to fund its lending operations with eligible entities.

2.3 MINIMUM CONTRACTOR QUALIFICATIONS

A. The Contractor shall have experience on all issues of state and federal law, including taxation, with respect to the issuance of ANRC’s bond issues.

B. The Contractor shall have previous experience working with three (3) past issues as bond counsel of similar size and scope to the program described in this RFQ.

C. The Contractor shall have a minimum of 5 years’ experience as bond counsel with:

1. Municipal bond issues.

2. Pooled financing in Arkansas or other states.

3. EPA financing or similar fund in Arkansas or other states

4. Complex bond financings.

5. Issues relative to the Tax Increase Prevention and Reconciliation Act.

2.4 SERVICE REQUIREMENTS

A. The Contractor shall be expected to perform all the normal duties associated with being counsel for the issuer of both taxable and tax-exempt municipal bonds.

B. As requested, the Contractor shall attend ANRC and ADFA Commission or staff meetings when such meetings include matters directly or indirectly related to any program or bond issues.

C. The Contractor shall attend all ANRC and ADFA board meeting subcommittees or staff meetings when such meetings include matters directly or indirectly related to any program or bond issues.

D. The Contractor shall attend all meetings with the United States Environmental Protection Agency (EPA) when approval of EPA is sought for program or bond issues.

E. The Contractor shall provide advice and assistance in the financing and any bond issuance, including consultation with the financial advisor, rating agencies, underwriters, and their counsel.

Bonds may be issued by competitive or negotiated sale.

F. The Contractor shall prepare the borrowing resolutions and documentation, program administration agreement, bond resolutions, trust indenture, real estate and security documents, closing documents and certificates, including arbitrage certificate and tax regulatory agreement, to the extent such documents are required to acquire and construct the projects and to issue the bonds. Borrowing documentation may include interim loan documents and/or bond anticipation notes.

G. Depending upon the structure and type of sale, the Contractor shall be responsible for, and at a minimum available for consultation in preparation of, the documents listed below.

1. Notice of sale

2. Preparation of the preliminary official statement

3. Official statement

4. Bond purchase agreement

5. Blue-sky memorandum

6. Legal investment memoranda

H. The Contractor shall consult with ANRC and prepare amendments to existing legislation relating to the SRF’s and G.O. Bond Program.

I. The Contractor shall provide assistance in selecting a registrar, trustee and paying agent and preparation of any related communication required by the registrar, trustee and paying agent, as needed.

J. The Contractor shall supervise and contract for the printing and delivery of bonds, if required.

K. The Contractor shall issue approving opinions for borrowings, and issue final approving opinions with respect to any debt obligations, as required, concerning matters of legality and tax exemption, and any supplemental opinion requested as to the bonds under federal and state tax laws.

L. The Contractor shall provide assistance and preparation for rating agency hearings, if desired, including attendance at meetings and follow-up on any detailed information requested.

M. The Contractor shall provide any required legal research, correspondence, and preparation of memoranda or other documents related to the issuance of any debt obligations, as required.

N. The Contractor shall consult with the provider of any credit enhancement and its counsel concerning any such credit enhancement and documentation.

O. The Contractor shall provide any additional legal services necessary to issue any debt obligations.

P. The Contractor shall prepare an engagement letter for the approval of ANRC before performing any compensable work relating to the proposed engagement.

Q. The Contractor shall provide services on a continuing basis including, but not limited to:

1. Review of selected bond documents of borrowers to assure conformity with the SRF and/or G.O.

Bond Program.

2. Consultation with staff on topics that relate to the SRF and/or G.O. Bond Program, such as proposed new state or federal rules or regulations that will impact the SRF and/or G.O. Bond Program.

3. Consultation with staff on proposed projects to determine if the project will comply with the SRF and/or G.O. Bond Program and tax law.

4. Create standardized documents for these programs, which will reflect aspects particular to certain types of financings under the program, including program regulations and contract documents.

2.5 BOND COUNSEL OPINION

A. The Contractor shall be able to issue opinions necessary for the issuance of debt instruments under existing law.

B. The Contractor shall not have any outstanding legal issues preventing.

2.6 COUNSEL TEAM & PERSONNEL

A. The Contractor shall describe the manner in which you would organize your firm’s resources to serve as bond and program counsel for ANRC. In doing so, please address the following:

1. The Contractor shall identify the individual who will lead the ANRC representation on a day-to-day basis. The Contractor shall define this individual’s position within the firm and indicate the degree to which he or she will be able to commit the firm’s resources to ANRC. The Contractor shall provide this person’s availability for representation and any other commitments he or she has that would limit this representation.

2. The Contractor shall identify the professional from your firm who will be able to provide the services required when the primary person is absent. The Contractor shall provide that person’s availability for representation and any other commitments he or she has that would limit this representation.

3. The Contractor shall identify other professionals from your firm who will be assigned to work on this project, their roles, responsibilities, and relevant aspects of their background. The Contractor shall describe how these individuals will work with the other members of the financing team.

2.7 MALPRACTICE INSURANCE

A. The Contractor shall secure and maintain malpractice insurance throughout the duration of the contract.

B. The Contractor shall provide proof of malpractice insurance prior to award covering, among industry standards including, but not limited to, securities-related claims.

C. The Contractor shall disclose any pending claims or disputes relating to prior opinions as bond counsel.

2.8 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. Attachment A: Performance Standards identifies expected deliverables, performance measures, or outcomes; and defines the acceptable standards.

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 – CRITERIA FOR SELECTION

• Do not provide responses to items in this section.

3.1 SELECTION PROCESS

A. TSS OSP will review each Response Packet to verify submission Requirements have been met.

Response Packets that do not meet submission Requirements will be rejected and will not be evaluated.

B. An Agency-appointed Evaluation Committee will evaluate and score qualifying responses.

Evaluation will be based on Prospective Contractor’s response to the Information for Evaluation section included in the Response Packet.

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

SCORE DESCRIPTION

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.

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

2. After initial individual evaluations are complete, the Evaluation Committee members will meet to discuss their individual ratings. At this consensus scoring meeting, each member will be afforded an opportunity to discuss his or her rating for each evaluation criteria.

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

4. The final individual scores of the Evaluation Committee members will be recorded on the

Consensus Score Sheets and averaged to determine the group or consensus score for each response.

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

C. Prospective Contractors submitting qualifying Responses 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

D. During the final consensus meeting, Evaluators will determine if moving forward with the highest-ranking Prospective Contractor is the most advantageous to the State.

E. 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.

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

G. The State will move forward into Discussions with the highest-ranking Prospective Contractor based on the Response Score for each response unless the highest-ranking Prospective Contractor’s response is determined to not be the most advantageous response to the State.

3.2 EXPLANATION OF THE SUBSECTIONS OF THE RESPONSE

A. Experience

1. The Experience subsection included in the Response 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 subsection included in the Response 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 RFQ.

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

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 subsection included in the Response 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 response 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 RFQ.

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 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.

3.3 RESPONSE SCORE

A. The Information for Evaluation section has been divided into subsections.

1. In each subsection, items/questions have each 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 Agency has assigned Weighted Percentages to each sub-section according to its significance.

INFORMATION FOR EVALUATION

SUBSECTIONS

MAXIMUM

RAW

POINTS

POSSIBLE

SUBSECTION’S

WEIGHTED

PERCENTAGE

* MAXIMUM

WEIGHTED

SCORE

POSSIBLE

Experience 10 30% 300

Solution 10 20% 200

Risk 10 10% 100

Interview 10 40% 400

Total Score 40 100% 1000

*Subsection’s Percentage Weight x Total Maximum Weighted Score = Maximum Weighted Score Possible for the subsection.

B. The response’s weighted score for each subsection will be determined using the following formula:

(A/B)*C =D

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

C. The response’s weighted scores for subsections will be added to determine the Total Score for the

3.4 DISCUSSIONS

A. 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 RFQ, 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 Response Packet.

3. A proposed financial summary, including:

a. Recommended Options Form submitted in the Prospective Contractor’s Response Packet

b. A proposed pricing structure and payment schedule

4. Proposed project management and reporting templates.

B. 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.

C. 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.

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

b. Pricing structure and payment schedule.

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

E. 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.

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

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

3.5 PROSPECTIVE CONTRACTOR ACCEPTANCE OF EVALUATION TECHNIQUE

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