Sheriff Sale RFP - 2025.docx

Cherelle L. Parker, Mayor Kathleen McColgan, Commissioner, Department of Revenue The City of Philadelphia

REQUEST FOR PROPOSALS FOR

DELINQUENT REAL ESTATE TAX RECEIVABLES AND OTHER WORK SUMMARY:

The entity or each entity (if there are two or more) that enters into a contract with the City as a result of this RFP (the “Successful Applicant” or the “Provider”) will be required to utilize information provided by the City and any further information developed by the Provider regarding a pool of Delinquencies in order to use best practices to collect Delinquencies in compliance with all Federal, state and local laws regulating debt collection practices and methods and, in particular, relevant provisions of the Pennsylvania Municipal Claim and Tax Lien Law and the Philadelphia Code and Home Rule Charter. In some instances, Provider also may need to locate or even identify the owner(s) of the property at issue.

PROPOSED COMPENSATION:

Please propose a contingency fee as a percentage of collections of Delinquencies. Different fees also may be proposed for payments deposited into Provider’s City Lock Box Account than for payments made directly to the City.

RFP ISSUE DATE:

March 31, 2025

RESPONSE DEADLINE:

No later than 5 pm Philadelphia Time on April 30, 2025 A complete proposal must be submitted by this time to be considered. Proposals in-process are incomplete.

PRE-PROPOSAL MEETING:

A pre-proposal meeting will be held on April 9, 2025 at 10:00am, Philadelphia Time. It is mandatory that all proposers attend. See Section 2.3 for additional information.

Meeting ID: 260 737 958 911 Passcode: FD3gG2A9

OFFICIAL RFP CONTACT:

Frances Beckley Revenue Chief Counsel Frances.beckley@phila.gov

SUBMISSION REQUIREMENTS:

All proposals must be submitted electronically to the correct contract opportunity established for this RFP (identified by opportunity number) through eContract Philly at https://philawx.phila.gov/econtract/

SUBMISSION REQUIREMENTS:

All proposals must be submitted electronically to the correct contract opportunity established for this RFP (identified by opportunity number) through eContract Philly at https://philawx.phila.gov/econtract/

MUNICIPAL CLAIMS ELIGIBLE FOR SHERIFF SALE

TABLE OF CONTENTS

1. INTRODUCTION

1.1 Values

The City of Philadelphia values diversity, equity, and inclusion, and seeks to provide increased access to contracting opportunities for certified local, Minority-, Woman- and Disabled-Owned Businesses (M/W/DSBE), Small Business Enterprises (SBEs), and alternative diverse businesses on registries recognized by the City. IF ELIGIBLE, YOU ARE ENCOURAGED TO:

· Apply for Local Business Entity (LBE) certification with City’s Procurement Department. If you provide your LBE status and/or promise to have a Local Impact, this must be used by the contracting department as a positive factor in evaluation and potential selection. Additionally, some opportunities are exclusively reserved for LBE certified businesses.

· Register as a M/W/DSBE certified business with the City’s Office of Economic Opportunity (OEO) and be added to OEO’s registry of certified businesses. The City and prime contractors use this registry to find and solicit diverse vendors for contracts and subcontracts.

· Get Paid Faster! Enroll on the Vendor Payment Portal to effortlessly submit electronic invoices and monitor payment progress 24/7. The process of submitting invoices through the Vendor Payment Portal is user-friendly, efficient, and free.

M/W/DSBEs, alternative Diverse Businesses recognized by the City, vendors participating in the Rebuild Emerging Vendors Program, and LBEs are encouraged to respond directly to this RFP.

1.2 Contracting with the City of Philadelphia

Consistent with our values, the City requires that all contractors and subcontractors comply with all applicable laws, regulations, and policies, including:

Payment of City Business Taxes or other indebtedness owed to the City

Compliance with the City’s Antidiscrimination Policy, Executive Order 01-21

CHAPTER 17-1300. PHILADELPHIA 21ST CENTURY MINIMUM WAGE AND BENEFITS STANDARD

City business licenses and permit requirements

Please closely review the City’s contract attachments including the standard terms and conditions found in the General Provisions under Appendix A of this RFP. Any contract resulting from this RFP will incorporate and be governed by these documents.

1.3 Contacting Us

For technical assistance with the eContract Philly website, email eContractPhilly@phila.gov or call (215) 686-4914.

· Please note the phone number provided is not a live helpline.

· Allow for two (2) business days prior to any application deadline to receive a response to your request. The City will not extend a deadline even if it has not responded to your question or request.

· All other questions regarding the RFP, including substantive questions, must be submitted in accordance with Section 2.3. Applicants are otherwise prohibited from contacting City representatives concerning this RFP or related matters.

1.4 Feedback about this RFP

The City recently updated the design of the RFP we use for Professional Services, and would like feedback from vendors. If you have feedback you would like to share, please complete this voluntary survey. Thank you.

2. THE OPPORTUNITY

2.1 Summary

The City of Philadelphia (the “City”), through this request for proposals (“RFP”), is soliciting written proposals from qualified entities (“Applicants”) to collect Delinquent Real Estate Tax Receivables and other Municipal Claims eligible for Sheriff Sale (“Delinquencies”).

2.2 Background

City of Philadelphia Law Department Overview Under the Philadelphia Home Rule Charter, the City of Philadelphia Law Department is responsible for providing legal representation to all officers, employees, departments, boards and commissions of the City concerning generally any civil matter arising in connection with the exercise of their official powers. The Department is committed to the highest ethical and professional standards and takes pride in its reputation with its City clients, the bench and bar, and the public.

From time to time, the Law Department seeks professional services providers to assist it in its work, or in the event of a conflict, to represent the City’s interests. These providers include legal counsel for personal injury and property damage defense, civil rights matters, intellectual property matters, labor negotiations and grievances, discrimination complaints, criminal defense, federal and state regulatory proceedings, tax collection services, and other miscellaneous legal matters; and expert services such as real estate appraisers, economics experts and software developers.

The Revenue Department is responsible for collecting all taxes due to the City or the School District of Philadelphia (the “School District”) other than the City’s sales and use and hotel occupancy tax, and also for collecting water and sewer charges and certain other debts to the City. The Revenue Department is committed to the courteous and prompt collection of all revenue due the City and School District. The Revenue Department was selected to administer this contract, in conjunction with the Law Department, because of its expertise in the field of taxation and because of its experience in hiring tax collectors.

Project Background The City imposes real estate taxes for itself and the School District. Interest and penalty accrue according to law. In addition, under the Municipal Claim and Tax Lien Law and the Philadelphia Code, the City may impose reasonable attorney’s fees or collection agency fees for the collection of Delinquencies under a contingent fee agreement and certain other charges such as lien charges. The City currently imposes such fees on Delinquencies of up to eighteen percent (18%) of outstanding principal, interest, and penalty, the maximum permitted under the Philadelphia Code.

Collectively, the City’s Law Department, The Revenue Department and their outside collection agency contractors collect Delinquencies. The City intends for the contract arising from this RFP to be for a term of one year commencing on or about July 1, 2025. The City will have the right to renew the contract for at least three additional one-year terms. The City will consider proposals from law firms and from joint ventures including law firms. Proposals must be structured so that all compensation is contingent upon the City’s receipt of funds. The terms and purpose of the contract are described in greater detail below.

Problem Statement Collectively, the City’s Law Department, The Revenue Department and their outside collection agency contractors collect Delinquencies. The City intends for the contract arising from this RFP to be for a term of one year commencing on or about July 1, 2025. The City will have the right to renew the contract for at least three additional one-year terms. The City will consider proposals from law firms and from joint ventures including law firms. Proposals must be structured so that all compensation is contingent upon the City’s receipt of funds.

2.3 RFP Schedule

Pre-Proposal Meeting

A pre-proposal meeting will be held on April 9, 2025 at 10:00am, Philadelphia Time.

Join the meeting now

Applicant Interviews, Presentations (City Discretion) Week of May 5th, 2025

The above dates are estimates only. Notice of changes in any pre-proposal meeting or site visit date, time or location, due date for Applicant questions, or proposal due date will be posted as a notice/Addendum with the original RFP on eContract Philly and will become a part of the RFP.

2.4 Outcome Goals

The entity or each entity (if there are two or more) that enters into a contract with the City as a result of this RFP (the “Successful Applicant” or the “Provider”) will be required to utilize information provided by the City and any further information developed by the Provider regarding a pool of Delinquencies in order to use best practices to collect Delinquencies in compliance with all Federal, state and local laws regulating debt collection practices and methods and, in particular, relevant provisions of the Pennsylvania Municipal Claim and Tax Lien Law and the Philadelphia Code and Home Rule Charter. In some instances, Provider also may need to locate or even identify the owner(s) of the property at issue.

The pool of Delinquencies that the Provider will have the opportunity to collect generally will include some of the City’s delinquent real estate taxes that may also include water liens for water service and/or other Municipal services. The pool will not include exempt property or delinquencies that the City is retaining for its own collection. By selecting an Applicant to be a Provider, the City does not guarantee any set amount of referrals, and the City retains the right to make referrals to a particular Provider – or not – on the basis of its own view of the City’s best interests.

The Applicant’s proposed scope of work should address each objective specifically and describe in detail how the Applicant will achieve the objective, or how the Applicant will enable the Department to achieve the objective.

2.5 Award Terms

Please propose a contingency fee as a percentage of collections of Delinquencies. Different fees may be proposed for payments deposited into Provider’s City Lock Box than for payments made directly to the City.

The City is permitted to impose and expects to impose a statutory contingent fee (“Statutory Fee”) on the Delinquencies to be collected. That Statutory Fee belongs to the City and is not to be included in the base upon which the contractual contingency fee is calculated, but the Provider will still collect it for the City. For example, if Provider collects a $100 Delinquency without a statutory contingent fee and the contractual contingent fee is 10%, Provider would collect and remit the $100 to the City and then the City would pay Provider $10. If a statutory fee of 10% were imposed on the Debtor, Provider would collect and remit $110 from the Debtor to the City, and then the City would pay Provider $10 (10% of $100) rather than $11 (10% of $110).

The City will not reimburse Provider for any expenses. If expenses can be and are properly charged to a Debtor under applicable law, then they will be reimbursed if Provider has collected them from the Debtor.

The City may, at its sole option, amend the contract to add up to four additional terms, each not to exceed one year.

The City will not reimburse Provider for any expenses. If expenses can be and are properly charged to a Debtor under applicable law, then they will be reimbursed if Provider has collected them from the Debtor.

3. SCOPE OF WORK

The entity or each entity (if there are two or more) that enters into a contract with the City as a result of this RFP (the “Successful Applicant” or the “Provider”) will be required to utilize information provided by the City and any further information developed by the Provider regarding a pool of Delinquencies in order to use best practices to collect Delinquencies in compliance with all Federal, state and local laws regulating debt collection practices and methods and, in particular, relevant provisions of the Pennsylvania Municipal Claim and Tax Lien Law and the Philadelphia Code and Home Rule Charter. In some instances, Provider also may need to locate or even identify the owner(s) of the property at issue.

The pool of Delinquencies that the Provider will have the opportunity to collect generally will include some of the City’s delinquent real estate taxes that may also include water liens for water service and/or other Municipal services. The pool will not include exempt property or delinquencies that the City is retaining for its own collection. By selecting an Applicant to be a Provider, the City does not guarantee any set amount of referrals, and the City retains the right to make referrals to a particular Provider – or not – on the basis of its own view of the City’s best interests.

The Applicant’s proposed scope of work should address each objective specifically and describe in detail how the Applicant will achieve the objective, or how the Applicant will enable the Department to achieve the objective.

3.1 Description of Services

This Section 3.1, Description of Services includes the requirements for the project, including the services to be performed and the deliverables that must be met by the selected Applicant. The City reserves the right to change certain service requirements or deliverables based on changed circumstances, like a change in the business or technical environment or contract negotiations with Applicant(s) selected for negotiations, without issuing a revised RFP.

Applicants should read this section closely. An Applicant’s proposed scope of work must detail how they will meet the service requirements or achieve the deliverables described in this section. Applicants may also propose additional or revised services or deliverables to achieve the outcomes described in Section 2.4 Outcome Goals of this RFP. However, Applicants must explain why each of these additional services or deliverables are necessary, and when and how they will be completed.

Service Requirements

1. Services

The Department requires at least the services listed below, including the specific tasks and work activities described. Applicant’s proposed scope of work should state in detail how it will carry out each task, including the personnel/job titles (as identified in Section H, Organizational and Personnel Requirements) responsible for completing the task. For each service specified, the Applicant should propose criteria to determine when the tasks comprising the service are satisfactorily completed. Applicants may propose additional or revised tasks and activities, but should explain why each is necessary to achieve the project objectives.

· In consultation with the City, Provider will analyze available data and make projections and set goals.

· Provider will work to recover Receivables forwarded for collection through a series of collection letters, telephone calls and other procedures as agreed by the City.

· Provider will provide skip tracing or equal and approved method with documentation providing number of resources and credit bureaus.

· As appropriate, Provider will contact debtors by certified mail, first-class mail, telephone or fax. A collector shall not contact a debtor before 7 a.m. or after 9 p.m. local time. Provider will maintain an automated record or phone calls and log of all correspondence with debtors.

· Provider will maintain a toll free number for customer service and include the number on all correspondence to debtors.

· Provider will not use any false statement during the collection process.

· When authorized by the City, Provider will research, file and prosecute petitions to sell certain properties at Sheriff’s sale to enforce payment of Delinquencies.

· Provider will accept payment in person, by mail, by telephone, or by internet using checks, money orders, or other method approved by the City, but not cash.

· Provider will pay for a City lockbox.

· Provider will bear the initial cost and ultimate risk of all expenses relating to collection, including insufficient funds charges. The City generally will grant Provider the right to pursue separate collection of such matters to the extent permitted under applicable law.

· The City will impose and lien attorney’s fees in the amount of Provider’s contingent fee. Under Sections 19-3101(1)(b) and 19-3101(1.1)(b) of the Philadelphia Code, the total contingent fees charged to a taxpayer may not exceed eighteen percent (18%). Also, under applicable law, no fee may be charged for liens filed before 1991.

· Provider may receive lesser payment where a taxpayer makes direct payment to the City or where a title company or similar third-party payer makes payment. Applicants may propose what they believe to be appropriate provisions for those situations.

· Provider will bear all expenses initially. Where Provider has filed suit and taxpayers have become liable for expenses under applicable law, such expenses generally shall be reimbursed before delinquent taxes are satisfied.

· Provider must comply with settlement and financial hardship guidelines as promulgated by the City; including but not limited to those provided in Sections 19- 1305 and 19-1605 of the Philadelphia Code and accompanying regulations. The City shall have the right to recall such accounts with long-term agreements without compensation to Provider.

· Provider will not collect on accounts in bankruptcy, which will be referred back to the City.

· Provider will comply with the City’s objective to maintain a professional and constructive environment of communication while collecting Delinquencies including, but not limited to, the City’s policy considerations. Provider will recognize that maintaining that environment – including good working relationships with the legal services community – is as legitimate a basis for the City to redistribute referrals as ensuring collection performance.

· Provider will maintain good standing with all federal, state and local regulatory agencies.

· Provider will maintain good standing with the Association of Credit and Collection Professionals.

· Provider will follow all applicable law and will observe the spirit of the Fair Debt Collection Practices Act and the Fair Credit Extension Uniformity Act, whether or not they technically apply.

· Provider will fully train staff in the City’s collection procedures prior to allowing them to begin collection activities.

· Provider will make appropriate bilingual (English and Spanish speaking) personnel available for delinquent taxpayer assistance during all hours of operation.

· Provider will translate letters and notices into Spanish as may be required or appropriate.

· Provider will also provide the City with read only access to the database in which the collection portfolio is maintained.

· Provider will deposit all collection proceeds, including contingent fees, in the lockbox daily and will be compensated by the City solely on a contingent-fee basis.

· For any properties in Provider’s portfolio which may be targeted for acquisition by the City of Philadelphia’s Landbank, Provider may receive less than the full compensation.

In no event will the City be liable to pay or reimburse Provider for amounts the City has not received

General Requirements A. Tangible Work Products

The Department requires completion and delivery of at least the tangible work products listed below. The proposed scope of work should state in detail how the Applicant will produce each work product, including the personnel/job titles (as identified in Section K, Organizational and Personnel Requirements), that will be responsible for delivering the work product. For each work product, the Applicant should propose criteria for satisfactory completion and delivery. Applicants may propose additional or revised tangible work products, but should explain why each is necessary to achieve the project objectives.

· Provider will submit reports to the City in the format and on the schedule requested by the City.

· Refer to Section E. Reporting Requirements for any additional Work Products.

B. Hours and Location of Work

At a minimum, Provider needs to be available for taxpayer telephone calls during the normal business hours of 9:00 am to 5:00 p.m. on weekdays in both English and Spanish.

The City will favor Applicants that provide for extended hours and that are able to provide language services beyond English and Spanish.

The City will also favor Applicants that can provide a walk-in site that is convenient to public transportation in Philadelphia.

C. Monitoring; Security

By submission of a proposal in response to this RFP, the Applicant agrees that it will comply and cooperate with all contract and compliance monitoring and evaluation activities undertaken by the City of Philadelphia, and with all security policies and requirements of the City.

D. Reporting Requirements

The successful Applicant shall report to the City of Philadelphia on a regular basis regarding the status of the project and its progress in the format and on the schedule requested by the City (i.e. this includes data account sharing for account and collection activity; via a daily feed for the City’s Data Warehouse project). The successful Applicant will promptly notify Revenue Chief Counsel and the appropriate Divisional Deputy of any litigation and also of the ongoing status of such litigation.

The successful Applicant shall submit a monthly invoice detailing the services and/or products provided, the goals/tasks accomplished, and the associated costs.

E. Specific Performance Standards

As indicated above, the City reserves the right to adjust referrals among Providers or to retain Delinquencies for collection by the Law Department or Revenue Department at the City’s sole discretion. Referrals will be made not only on the basis of successful collection(s) but also recognizing Provider’s success or failure to maintain good working relationships with taxpayers generally and with the legal services community.

The City reserves the right to reject any item of work that does not meet the Department’s minimum standards of performance and quality, or that does not conform to the contract scope of work. The City shall not be obligated to pay for rejected work.

F. Cost Proposal

Please propose a contingency fee as a percentage of collections of Delinquencies. Different fees may be proposed for payments deposited into Provider’s City Lock Box than for payments made directly to the City.

The City is permitted to impose and expects to impose a statutory contingent fee (“Statutory Fee”) on the Delinquencies to be collected. That Statutory Fee belongs to the City and is not to be included in the base upon which the contractual contingency fee is calculated, but the Provider will still collect it for the City. For example, if Provider collects a $100 Delinquency without a statutory contingent fee and the contractual contingent fee is 10%, Provider would collect and remit the $100 to the City and then the City would pay Provider $10. If a statutory fee of 10% were imposed on the Debtor, Provider would collect and remit $110 from the Debtor to the City, and then the City would pay Provider $10 (10% of $100) rather than $11 (10% of $110).

The City will not reimburse Provider for any expenses. If expenses can be and are properly charged to a Debtor under applicable law, then they will be reimbursed if Provider has collected them from the Debtor.

G. Organization and Personnel Requirements

The proposal must identify all personnel who will perform work on the project, by education level, skill set (described in detail), experience level, and job title. Resumes of all personnel so identified should be included in Applicant’s proposal.

H. Technology Capabilities

The successful Applicant will be responsible for having and using the following technology capabilities and resources in performing the work:

A 2-way, automated, regular electronic interface to the Philadelphia Revenue Information System Manager (PRISM).

Note that Provider may be required to sign a third-party NDA depending on the type of interface used.

3.2 Performance Metrics, Contract Management & Payments

Contract Performance Monitoring As part of the City of Philadelphia’s commitment to improved outcomes, the City seeks to actively and regularly monitor service delivery to enhance contract management, improve results, and adjust service delivery based on learning what works. Reliable and relevant data is necessary to drive service improvements, ensure compliance, inform trends to be monitored, and evaluate results and performance. As such, the City reserves the right to request/collect other key data and metrics from providers related to the performance of the contract and to reject any item of work that does not meet the performance standards described in the contract.

By submission of a proposal in response to this RFP, the Applicant agrees that it will comply and cooperate with all contract and compliance monitoring and evaluation activities undertaken by the City of Philadelphia, and with all security policies and requirements of the City.

How We Will Pay the Selected Applicant Please propose a contingency fee as a percentage of collections of Delinquencies. Different fees may be proposed for payments deposited into Provider’s City Lock Box than for payments made directly to the City.

The City is permitted to impose and expects to impose a statutory contingent fee (“Statutory Fee”) on the Delinquencies to be collected. That Statutory Fee belongs to the City and is not to be included in the base upon which the contractual contingency fee is calculated, but the Provider will still collect it for the City. For example, if Provider collects a $100 Delinquency without a statutory contingent fee and the contractual contingent fee is 10%, Provider would collect and remit the $100 to the City and then the City would pay Provider $10. If a statutory fee of 10% were imposed on the Debtor, Provider would collect and remit $110 from the Debtor to the City, and then the City would pay Provider $10 (10% of $100) rather than $11 (10% of $110).

The City will not reimburse Provider for any expenses. If expenses can be and are properly charged to a Debtor under applicable law, then they will be reimbursed if Provider has collected them from the Debtor.

4. HOW TO SUBMIT YOUR RESPONSE

4.1 What You Must Include in Your Proposal

For your proposal to be considered, proposals must be submitted:

a) electronically;

b) through the City’s designated system (not email);

c) before the deadline; and,

d) signed by an authorized representative of the Applicant.

Additionally, your proposal must include the information listed in the Proposal Requirements below and be organized in the order shown. Failure to submit your proposal in the manner and format required by this RFP may result in your proposal being rejected.

Proposal Requirements:

1. Table of Contents

2. Introduction/Executive Summary (Give a short description of your proposal.)

Provide an overview of your company, the goods or services you offer and how you plan to meet the City’s needs.

3. Applicant Profile (Tell the City about yourself).

Please complete the Applicant information sheet and include it with your proposal submission.

Part 1. Please provide the following for the Applicant’s Business:

1. Name of Business

2. Business Address

3. Telephone Number

4. Fax Number (if applicable)

5. E-mail Address

6. Website Address

7. Federal Taxpayer Identification Number or Federal Employer Identification Number Part 2. Please provide the following for the Applicant’s Primary Contact:

1. Name

2. Job Title

3. Address

4. Telephone Number

5. Fax Number (if applicable)

6. E-mail Address Part 3. Please provide a description of the Applicant’s business background by answering the following:

1. What is the Applicant’s Business Organization type (i.e. corporation, partnership, LLC, for or not for profit, etc.)?

2. Is the Applicant’s Business registered to do business in Philadelphia and/or Pennsylvania?

3. What is the country and state of the Applicant’s business’ formation?

4. How many years has the Applicant’s business been operating?

5. What is the primary mission of the Applicant’s business?

6. What is the Applicant’s significant business experience?

7. Is the Applicant’s business registered as a minority-, woman-, or disabled-owned business or disadvantaged business with which certifying agency?

4. Proposed Scope of Work (Tell the City what you propose to do).

Review Section 3 of this RFP, “Scope of Work” and directly state what services and materials you will provide to meet the City’s described needs. Be specific, and, as necessary, describe your services and materials in plain language for the evaluation team to understand. Include a proposed budget or cost proposal, and a schedule for when the services and materials will be provided.

5. Statement of Qualifications; Relevant Experience (Tell the City why you are the best choice).

Provide a statement of your relevant qualifications and demonstrate how your experience meets or exceeds the City’s requirements. Include a list and description of similar projects you have worked on, including the number of such projects and the amount of time spent on them.

6. References (Tell us who can vouch for similar work you have completed).

Provide at least three references, preferably for projects that are similar to the work sought by this RFP. Include the company/entity, a contact person’s name, the contact person’s title, their address, their email address, and telephone number. The more similar the reference is to the City the better, such as other local government entities.

7. Proposed Subcontractors (Tell the City who will work with you).

Please provide a complete list of prospective subcontractors with whom you plan to work on this project. Include:

· Company Name

· EIN

· Scope of Work

· Minority-, Women-, or Disabled-Business / Disadvantaged Business Entity Certification (if applicable)

· Percentage of total work allocated to each firm

In addition, as required by the Office of Economic Opportunity, please complete the Subcontractor Solicitation and Commitment Form referenced in Appendix B and attach it to your RFP. This captures all minority-, woman-, and disabled-owned firms you have asked to work on this project with you, whether they have committed to do so, and the amount or percentage of the overall contract anticipated to be paid to each.

8. Requested Exceptions to Contract Terms (Tell the City any changes you would like to the contract).

In exceptional cases, a successful Applicant might be afforded exceptions to the City’s Contract Terms. State if you would like to request exceptions to the City’s Contract Terms, including those contained in this RFP, including Appendix A and any other documents incorporated by link or reference. Identify the location of the proposed change as well as possible (noting the document, section, heading, and page), the reason for the change request, and proposed alternative language. The City may consider your proposed changes or may disqualify your proposal at its option. However, please be aware that exceptions are not made often and so you should thoroughly explain why the change is necessary and appropriate for the contract. Any proposed exceptions to the City’s Contract Terms are subject to various internal review procedures before they can be accepted. Note: Your proposal is a binding offer to contract and failure to propose exceptions binds you to the City’s terms, if your proposal is accepted.

9. Tax and Regulatory Status and Clearance Statement (Certify that you do not owe the City).

Obtain a Tax Clearance Certificate and complete Appendix C attesting to Applicant’s tax and regulatory compliance with the City.

10. Disclosure of Litigation, Administrative Proceedings, and Contract Defaults (Tell the City about any legal proceedings or contract disputes your company or its leaders were involved with).

Provide a description of any legal proceedings or contract disputes in the past five (5) years that might affect your business, finances, or ability to perform the work described by this RFP. Include all instances of litigation, bankruptcy, debarment, suspension, contract default claims, any criminal conviction or indictments, settlements, and court or administrative orders. For each matter, state the name and nature of the matter, the parties involved, and its current status. For contract disputes, provide the name and contact information for the opposing party. Provide the same information for any matter involving an officer, director, principal, partner, or affiliate of the Applicant, and for any intended subcontractor of the Applicant.

11. Statement of Financial Capacity (Demonstrate how stable your business is).

Provide documentation demonstrating fiscal solvency and financial capability to perform the work sought by this RFP. You may include any of the following:

· A general, independent statement of the Applicant’s financial condition, prepared by an external auditor or accountant;

· Applicant’s most recent audited or unaudited financial statements, including:

· Balance Sheet,

· Income Statement, or

· Cashflow Statement;

· Most recent IRS Form 990 (for non-profit organizations only); or,

· Any other documentation that demonstrates your financial capacity to meet the requirements of this RFP.

12. Local Business Entity or Local Impact Certification (Tell the City if you are a local business or how you envision affecting the local economy).

The City is committed to leveraging its buying power to uplift and grow our local economy, which will result in more jobs for Philadelphians, including local and small, Minority-, Woman-, and Disabled-owned businesses and other diverse businesses. For this reason, the City will consider local impact as a significant factor in our proposal evaluation for this contracting opportunity. If you meet the requirements of a certified Local Business Entity (LBE), we strongly recommend that you get certified for free by following the steps found HERE and include a copy of your certification with your proposal and/or include a statement about how you envision impacting the local economy through this work.

13. Disclosure Requirements (Tell the City about your political contributions).

Excess political contributions to City candidates and incumbents can disqualify you from a City contract. Complete the mandatory disclosures required as part of the electronic application process in eContract Philly, including any local political campaign contributions, by selecting “Apply for Contract” from the opportunity information screen (where this RFP was located). Additional information and instructions are located under the “Disclosure/Eligibility” tab on the top of the eContract Philly homepage. Please make sure to review these requirements closely before completing these disclosure forms.

4.2 How To Submit Your Application

Online Submission Required by the Application Deadline You must complete your application through eContract Philly before the deadline to be considered for this contract opportunity. Proposals may be changed at any time up until the submission deadline and the City will not review your proposal until after the deadline. The proposal is not considered submitted until the “submit” button is pressed at the conclusion of the eContract Philly submission process. You will receive a confirmation email that your Application was submitted.

Applicants are encouraged to allow sufficient time to complete the application process in order to become familiar with the requirements of the eContract Philly interface, upload all required documents, and resolve any technical issues prior to the submission deadline. The City need not accept, and may discard, responses that are incomplete, late, or submitted in any other format.

Electronic File Limitations eContract Philly accepts attachments up to 8MB of the following file types: Microsoft Word, Microsoft Excel, Microsoft Project, Adobe PDF or in a compressed zip file. Larger attachments must be split into smaller attachments to accommodate this file size limitation. There is no limit to the number of attachments that may be uploaded.

Every Entity Applies for Itself Except in the case of Joint Ventures, which follow special rules described below, every entity must apply for itself. If the prospective applicant is not already registered with eContract Philly, you must first register for an account before you can apply to this opportunity. Note that each legal entity must have a separate account; you may not utilize or repurpose another entity’s account for this application. To identify each legal entity, the eContract Philly application system uses an entity’s Taxpayer Identification Number, either a Social Security Number (SSN) or Employer Identification Number (EIN). Make sure the Tax Identification Number associated with your profile matches the Tax Identification Number of the company that is applying. Applications from an affiliated entity or made on another entity’s behalf will cause the City to reject the proposal.

See the Joint Venture rules if you are applying on behalf of a Joint Venture.

Use the Submission Checklist Below This is a tool to help you to submit a complete, accurate, responsive, and on time application.

DOES MY RESPONSE MEET THE PROPOSAL REQUIREMENTS?

Did you submit the proposal before the stated deadline of this RFP?

Did the proposal explain how Applicant meets the goals and objectives, tasks, milestones, and deliverables, and other requirements described by the Department in the Opportunity and Scope of Work sections?

Does your cost proposal meet the requirements under “Compensation”?

Does your service proposal meet the requirements under “Description of Services”?

Does your proposal meet the overall format and content requirements described in “What you must include in your proposal”?

If eligible, did you register with the Office of Economic Opportunity as a M/W/DSBE, alternative Diverse Business recognized by the City, and/or with the Rebuild Emerging Vendors Program?

If eligible, did you enroll with the City’s Vendor Payment Portal to effortlessly submit electronic invoices and monitor payment progress 24/7?

Did you review the entire RFP and contract attachments, including the Contract Terms and Conditions, and request any exceptions? You must propose contract language changes with your proposal or the City’s terms are deemed accepted.

Was the proposal submitted electronically through eContract Philly?

Did you complete the mandatory political contribution disclosures through the application?

Was the proposal submitted to the correct opportunity number?

Was the application signed by clicking on the “submit” button at the conclusion of the eContract Philly submission process? The proposal is not considered submitted until this button is pressed, regardless of when you started to complete the proposal. You will receive an email acknowledgment of your submission.

Was the individual who signed the application authorized to sign on behalf of the Applicant? For more information on who is authorized to sign your application, please see page 32 of the sample application found on eContract Philly here. You must be logged in to eContract Philly to access the document.

Does the Applicant’s eContract Philly Profile match the Applicant information provided in the proposal? Do the Taxpayer Identification Numbers match? (Do not use the SSN of the person filling out the proposal, unless the contract will be with that actual person; use the number of the entity applying and on its eContract Philly profile.)

Special Rule for Joint Ventures

4.3 Proposal Binding

Your proposal is a binding offer to contract for what you propose. Each Applicant agrees that it will be bound by the terms of its proposal for a minimum of 180 calendar days from the application deadline for this RFP and will enter a contract containing the same terms. If the City accepts your proposal as submitted, the City need not negotiate additional or different terms. Applicants must state clearly and conspicuously any modifications, waivers, objections, or exceptions they seek in a separate section of the proposal entitled “Requested Exceptions to Contract Terms.”

The City reserves the right, in its sole discretion, to negotiate terms and conditions different from and/or additional to the Contract Terms without notice to other Applicants.

5. HOW WE CHOOSE

This RFP is not a competitive bid subject to the requirement of Section 8-200 of the Philadelphia Home Rule Charter that award be made to the lowest responsible bidder. Cost to the City is a material factor, but it is not the sole, or necessarily the determining factor, in proposal evaluation. The City may, at its sole discretion, award a contract resulting from this RFP to a person or entity other than the responsible Applicant submitting the lowest price. If the City chooses to award a contract, that contract will be awarded to the Applicant whose proposal the City determines, in its sole discretion, is the most advantageous to the City and in the City’s best interest.

The City will consider many factors, including cost, when evaluating proposals submitted to this RFP. While cost is an important factor, it is not the sole, or necessarily the deciding factor. The City may choose to award the contract resulting from this RFP to an Applicant whose proposal is the most advantageous to the City and in the City’s best interest even if the Applicant is not offering the lowest price.

The City will base its selection on criteria that may include, but are not limited to:

1. Superior ability or capacity to meet particular requirements of contract and needs of City Department and those it serves

2. Eligibility under Code provisions relating to campaign contributions

3. Superior prior experience of Applicant and staff

4. Superior quality, efficiency and fitness of proposed solution for City Department

5. Superior skill and reputation, including timeliness and demonstrable results

6. Special benefit to continuing services of incumbent, such as operational difficulties with transition or needs of population being served

7. Benefit of promoting long-term competitive development and allocation of experience to new or small businesses, including those owned by minority or disabled persons or by women

8. Lower cost

9. Administrative and operational efficiency, requiring less City oversight and administration

10. Anticipated long-term cost effectiveness

11. Meets prequalification requirements

12. Applicant’s certification of its Local Business Entity/Local Impact status.

If a contract is awarded from this RFP, a notice will be published on the City’s eContract Philly website identifying the name of the selected Applicant and the basis for award to that Applicant, as well as the names of all other Applicants to this RFP. To access this notice, select the button that says “Notice of Intent to Contract” and search for your opportunity number.

6. GENERAL RULES GOVERNING RFPs/PROPOSALS

WHAT ARE MY RESPONSIBILITIES IF I’M AWARDED THE CONTRACT?

Pay a Contract Preparation Fee

SEE AND PAY THE FEE HERE

6.1 Health Insurance Portability and Accountability Act (HIPAA) The work to be provided under any contract entered into pursuant to this RFP may be subject to the federal Health Insurance Portability and Accountability Act (HIPAA) or other state or federal laws or regulations governing the privacy and security of health information.

If the contract is with any of the “Covered Units” designated by the City or the chosen provider is otherwise a “Business Associate” under HIPAA, the selected Applicant must comply with the “Terms and Conditions Relating to Protected Health Information” which are posted on eContract Philly under the “About” section and which will be incorporated into the contract by reference.

6.2 Special Rules Applicable to Joint Ventures

Generally, applications submitted through eContract Philly from Applicants that purport to be filing an application on behalf of another individual or business entity will not be considered, even if the other business entity is an affiliate of the Applicant.