Transcription
National CooperativePurchasing AllianceAdministration Management SolutionsResponse (RFP 11-22)March 24, 2022
Table of ContentsExecutive Summary . 3Tab 1 – Master Agreement/Signature Form . 6General Terms and Conditions . 6Tab 2 – NCPA Administration Agreement .12Tab 3 – Vendor Questionnaire .16Tab 4 – Vendor Profile .20Tab 5 – Products and Services .30Tab 6 – References .31Tab 7 – Pricing .34Tab 8 – Value Added Products and Services .35Tab 9 – Required Documents .39Federal Funds Certifications .40APPENDIX II TO 2 CFR PART 200 .40CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS .45Clean Air and Water Act & Debarment Notice .46Contractor Requirements .47Contractor Certification .47Contractor’s Employment Eligibility .47Fingerprint & Background Checks .48Business Operations in Sudan, Iran .49Antitrust Certification Statements (Tex. Government Code § 2155.005) .50Required Clauses for Federal Assistance provided by FTA .512
Executive SummaryAlignment and VisionBusinessolver is excited to respond to your RFP for Administrative Management Solutions and wehope to continue our successful partnership for years to come. As a leader in the benefit technologyindustry, we understand the need to provide public sector organizations a single source solutionthat can help administer benefits, educate, and communicate to employees, provide complianceservices for ACA and COBRA as well as spending account access along with many other functionalabilities.Our focus, investment, and success in the public sector vertical, along with our history andpartnership with NCPA, and many of the great clients and members we have been able to partnerwith together, gives us a strong belief that this will continue and grow in the years ahead.We’re here for you every step of the way, leading you to your ultimate benefits vision.Getting to Tomorrow, TogetherNCPA is on a journey to achieve your strategic goals and meet the benefits needs of your membersand their families. In that effort, you deserve a technology and service partner with stability to helpyou consistently meet your benefits objectives, with personalization to meet your members exactlywhere they want to be met, and with forward-thinking innovation to grow alongside you as yourneeds expand and evolve.StabilityNCPA is looking to select a partner that can move data securely, quickly, andefficiently to deliver your benefits strategy. We value that; our approach to softwareas a service (SaaS) is unique, providing real-time visibility, accessibility, and flexibility.Our singular code base gives you the most up-to-date version of our system, with 24/7 access toyour data from any internet-enabled device. We’re agile, pushing new code bi-weekly with changesand updates happening in real time. There are no unnecessary handoffs to other vendors, whichcreates greater efficiency in data flow and integrity. With this level of stability, our system availabilityexceeds 99.5%. Meanwhile, your Businessolver client team is focused on serving your unique needsto ensure you are confident in your total benefits experience.PersonalizationStatistically, employees only spend about 17 minutes every year making benefitsdecisions. In those few minutes, more than 90% of employees pick the same plansyear over year because they don’t understand their options. The information theyreceive is complex, confusing, and not personalized.3
That won’t be the case for NCPA’s members. Our system can be the portal where their benefitsjourney begins. We’ll help you meet your members and their families where they want to be met24/7, no matter where they are in their career or life. Benefitsolver can be configured andpersonalized to connect them to the right benefits, in the right place, at the right time to ensure theyhave access to right care at the right value.InnovationChange is inevitable. You deserve a partner that cares about future-proofing yourbusiness as much as you do. As an independent organization, we own our roadmapand consistently invest 25% of our revenue back into our system to intentionallytransform employee benefits from a once-a-year enrollment event to a year-roundjourney that spans the entire employment lifecycle.Using our empathy-driven design, your members will experience the transformational journeythrough intelligent applications for benefits technology, including our personal benefits assistant,Sofia. Sofia can answer your members’ questions instantly, giving NCPA a new level of service thatthe workforce has come to expect.Achieving Your Ultimate Benefits VisionOur goal is to leverage innovative benefits technology alongside compassionate service to delightyou and your members. We believe the fundamental alignment in our missions and visions willstrengthen our partnership and allow for long-term, mutual success. Businessolver will partner withyou to ensure our solutions are future-proofed and scalable to meet NCPA’s needs today, tomorrow,and beyond.You won’t be forced to fit into a box or a pre-configured solution; instead, we create a frameworkwithout fixed walls to allow for full transparency and flexibility that allows you to build solutionsaround your specific benefits strategies.Our People, Your TeamWe hire the best individuals in the benefits industry and reinforce a teamwork mindset through ouraward-winning training program. Each employee is focused on NCPA’s success, which includes yoursatisfaction of both our customer service and product. This alignment and focus on mutual successcontribute to our industry-leading employee and client retention rates.Commitment to QualityBusinessolver is committed to quality, a major driver of your success and ours. In 2016, we beganour journey to become the only benefits administration technology company to pursue the MalcolmBaldrige National Quality award, most recently achieving Gold Level recognition in 2020. We areconstantly monitoring, managing, and measuring the quality of our delivery. Our procedures include7,400 critical-to-quality checks on data and processes weekly, root-cause analysis of any qualityescapes, and manual process automation wherever possible. Our emphasis on quality is pervasive;it impacts how we staff teams, report on daily activity, and track client satisfaction. Fromimplementation to ongoing operations, we are staffed for success.4
Our investment in quality means your team spends less time checking our work and more time onproactive initiatives. For your members, it means getting their prescriptions on time, seeing thecorrect payroll deductions, and having a great customer experience in each interaction with ourteam and technology.Creating a Path ForwardBusinessolver is committed to being a flexible, valuable, and reliable long-term partner to supportNCPA’s evolving benefits needs. Our system and service are unmatched in stability, personalization,and innovation. NCPA’s experience is a priority.We know your members and the communities you serve are important to you, and we are focusedon bringing NCPA the best benefits technology solution and service so you can continue servingyour customers at the highest level. We look forward to being your partner and are ready tocollaborate to deliver on your goals now and into the future.On behalf of our team at Businessolver, we want to thank you for the opportunity to identify andengage with a partner that understands the unique complexities within the Government Sectorlandscape. We are confident that partnering with Businessolver will provide you with the besttechnology and service for years to come.“We’re here for you every step of the way, leading you to your ultimate benefits vision.”Best Regards,Jon ShanahanPresident & CEOBusinessolver.com, Inc. (DBA: Businessolver)5
Tab 1 – Master Agreement/General Terms and ConditionsCustomer Support The vendor shall provide timely and accurate technical advice and sales support. The vendorshall respond to such requests within one (1) working day after receipt of the request.Disclosures Respondent affirms that he/she has not given, offered to give, nor intends to give at any timehereafter any economic opportunity, future employment, gift, loan, gratuity, specialdiscount, trip, favor or service to a public servant in connection with this contract. The respondent affirms that, to the best of his/her knowledge, the offer has been arrived atindependently, and is submitted without collusion with anyone to obtain information or gainany favoritism that would in any way limit competition or give an unfair advantage overother vendors in the award of this contract.Renewal of Contract Unless otherwise stated, all contracts are for a period of three (3) years with an option torenew for up to two (2) additional one-year terms or any combination of time equally notmore than 2 years if agreed to by Region 14 ESC and the vendor.Funding Out Clause Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. Acontract for the acquisition, including lease, of real or personal property is a commitment ofthe entity’s current revenue only, provided the contract contains either or both of thefollowing provisions: Retains to the entity the continuing right to terminate the contract at the expiration of eachbudget period during the term of the contract and is conditioned on a best efforts attemptby the entity to obtain appropriate funds for payment of the contract.Shipments (if applicable) The awarded vendor shall ship ordered products within seven (7) working days for goodsavailable and within four (4) to six (6) weeks for specialty items after the receipt of the orderunless modified. If a product cannot be shipped within that time, the awarded vendor shallnotify the entity placing the order as to why the product has not shipped and shall providean estimated shipping date. At this point the participating entity may cancel the order ifestimated shipping time is not acceptable.Tax Exempt Status Since this is a national contract, knowing the tax laws in each state is the sole responsibilityof the vendor.Payments6
The entity using the contract will make payments directly to the awarded vendor or theiraffiliates (distributors/business partners/resellers) as long as written request and approvalby NCPA is provided to the awarded vendor.Adding authorized distributors/dealers Awarded vendors may submit a list of distributors/partners/resellers to sell under theircontract throughout the life of the contract. Vendor must receive written approval fromNCPA before such distributors/partners/resellers considered authorized. Purchase orders and payment can only be made to awarded vendor or distributors/businesspartners/resellers previously approved by NCPA. Pricing provided to members by added distributors or dealers must also be less than orequal to the pricing offered by the awarded contract holder. All distributors/partners/resellers are required to abide by the Terms and Conditions of thevendor's agreement with NCPA.Pricing All pricing submitted shall include the administrative fee to be remitted to NCPA by theawarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date andon file with NCPA. All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricingoffered unless otherwise clearly stated in writingWarranty Proposal should address the following warranty information:o Applicable warranty and/or guarantees of equipment and installations including anyconditions and response time for repair and/or replacement of any componentsduring the warranty period.o Availability of replacement partso Life expectancy of equipment under normal useo Detailed information as to proposed return policy on all equipmentBusinessolver does not make any express or implied representations or warranties tocustomer regarding its services (including implied warranties to customer regarding itsservices (including implied representations or warranties of merchantability, noninfringement or fitness for a particular purpose) or regarding the products which may beoffered over customer’s website or web pages or that customer’s website or web pagesshall be uninterrupted or error-free. Further, noting in this agreement nor the performanceof services by Businessolver shall supersede any carrier plans provided by the customernor shall Businessolver assume any responsibility or liability relating to any carrier act oromissions. Productso Vendor shall provide equipment, materials and products that are new unlessotherwise specified, of good quality and free of defectsConstruction7
oVendor shall perform services in a good and workmanlike manner and in accordancewith industry standards for the service provided.Safety Vendors performing services shall comply with occupational safety and health rules andregulations. Also all vendors and subcontractors shall be held responsible for the safety oftheir employees and any conditions that may cause injury or damage to persons orproperty.Permits Since this is a national contract, knowing the permit laws in each state is the soleresponsibility of the vendor.Indemnity The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and itsparticipants, administrators, employees and agents against all claims, damages, losses andexpenses arising out of or resulting from the actions of the vendor, vendor employees orvendor subcontractors in the preparation of the solicitation and the later execution of thecontract.Businessolver shall indemnify, defend and hold Customer (and its agents, employees,shareholders and owners) harmless from any and all liabilities, claims, penalties, damages,suits, and the costs and expenses incident thereto (including the costs and expenses ofdefense, settlement and attorneys’ fees), specifically arising out of the actions ofBusinessolver or its subcontractors for all patent, copyright, or trademark infringement orany other intellectual property claims associated with any Services provided to Customerthrough Benefitsolver.com . Businessolver shall be relieved of its obligations under thisSection if any of the above actions arise out of Customer’s action, inaction or direction. Anyclaim or potential claim presented to Businessolver by Customer under the terms of thisIndemnification and Hold Harmless Section must be tendered, in writing, to Businessolverwith a formal request to defend and indemnify Customer within fifteen (15) days afterCustomer receives such demand, complaint, notice or summons, provided Businessolvershall be relieved of its obligations under this Section if materially prejudiced by any delay intendering such request. At Customer’s sole discretion and option, but with no obligation todo so, Customer may itself undertake the defense, litigation, settlement or satisfaction ofany such claim, reserving its right to seek indemnification against Businessolver, providedthat Customer shall not settle any claim without Businessolver’s prior written consent. It’sthe express intent of this paragraph that Businessolver will protect, defend and indemnifyCustomer for claims arising out of this Section.Franchise Tax The respondent hereby certifies that he/she is not currently delinquent in the payment ofany franchise taxes.Supplemental Agreements The entity participating in this contract and awarded vendor may enter into a separatesupplemental agreement to further define the level of service requirements over and above8
the minimum defined in this contract i.e. invoice requirements, ordering requirements,specialized delivery, etc. Any supplemental agreement developed as a result of this contractis exclusively between the participating entity and awarded vendor.Certificates of Insurance Certificates of insurance shall be delivered to the Public Agency prior to commencement ofwork. The insurance company shall be licensed in the applicable state in which work is beingconducted. The awarded vendor shall give the participating entity a minimum of ten (10)days notice prior to any modifications or cancellation of policies. The awarded vendor shallrequire all subcontractors performing any work to maintain coverage as specified.Legal Obligations It is the Respondent’s responsibility to be aware of and comply with all local, state, andfederal laws governing the sale of products/services identified in this RFP and any awardedcontract and shall comply with all while fulfilling the RFP. Applicable laws and regulationmust be followed even if not specifically identified herein.Protest A protest of an award or proposed award must be filed in writing within ten (10) days fromthe date of the official award notification and must be received by 5:00 pm CST. Protestsshall be filed with Region 14 ESC and shall include the following:oooo Name, address and telephone number of protesterOriginal signature of protester or its representativeIdentification of the solicitation by RFP numberDetailed statement of legal and factual grounds including copies of relevantdocuments and the form of relief requestedAny protest review and action shall be considered final with no further formalities beingconsidered.Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in partto carry out its obligations under this Agreement then such party shall give notice and fullparticulars of Force Majeure in writing to the other party within a reasonable time afteroccurrence of the event or cause relied upon, and the obligation of the party giving suchnotice, so far as it is affected by such Force Majeure, shall be suspended during thecontinuance of the inability then claimed, except as hereinafter provided, but for no longerperiod, and such party shall endeavor to remove or overcome such inability with allreasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, orother industrial disturbances, act of public enemy, orders and regulation of any kind ofgovernment of the United States or any civil or military authority; insurrections; riots;epidemics; pandemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods;washouts; droughts; arrests; restraint of government and people; civil disturbances;explosions, breakage or accidents to machinery, pipelines or canals, or other causes not9
reasonably within the control of the party claiming such inability. It is understood andagreed that the settlement of strikes and lockouts shall be entirely within the discretion ofthe party having the difficulty, and that the above requirement that any Force Majeure shallbe remedied with all reasonable dispatch shall not require the settlement of strikes andlockouts by acceding to the demands of the opposing party or parties when such settlementis unfavorable in the judgment of the party having the difficultyPrevailing Wage It shall be the responsibility of the Vendor to comply, when applicable, with the prevailingwage legislation in effect in the jurisdiction of the purchaser. It shall further be theresponsibility of the Vendor to monitor the prevailing wage rates as established by theappropriate department of labor for any increase in rates during the term of this contractand adjust wage rates accordingly.Termination Either party may cancel this contract in whole or in part by providing written notice. Thecancellation will take effect 30 180 business days after the other party receives the notice ofcancellation. After the 30th business day all work will cease following completion of finalpurchase order.Open Records Policy Because Region 14 ESC is a governmental entity responses submitted are subject to releaseas public information after contracts are executed. If a vendor believes that its response, orparts of its response, may be exempted from disclosure, the vendor must specify page-bypage and line-by-line the parts of the response, which it believes, are exempt. In addition,the respondent must specify which exception(s) are applicable and provide detailed reasonsto substantiate the exception(s). The determination of whether information is confidential and not subject to disclosure is theduty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficientinformation to render an opinion and therefore, vague and general claims to confidentialityby the respondent are not acceptable. Region 14 ESC must comply with the opinions of theOAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of anyvendor. Respondent are advised to consult with their legal counsel concerning disclosureissues resulting from this procurement process and to take precautions to safeguard tradesecrets and other proprietary information.10
Signature FormThe undersigned hereby proposes and agrees to furnish goods and/or services in strict compliancewith the terms, specifications and conditions at the prices proposed within response unless noted inwriting. The undersigned further certifies that he/she is an officer of the company and has authorityto negotiate and bind the company named below and has not prepared this bid in collusionwith any other Respondent and that the contents of this proposal as to prices, terms or conditionsof said bid have not been communicated by the undersigned nor by any employee or agent to anyperson engaged in this type of business prior to the official opening of this proposal.Prices are guaranteed: 120 daysCompany nameBusinessolverAddress1025 Ashworth RoadCity/State/ZipWest Des Moines, Iowa 50265Telephone No.888-460-9625Fax No.515-273-1441Email addressjshanahan@businessolver.comPrinted nameJon ShanahanPosition with company President & CEOAuthorized signature11
Tab 2 – NCPA Administration Agreement, by and betweenThis Administration Agreement is made as ofApril 19, 2022National Cooperative Purchasing Alliance (“NCPA”) and Businessolver(“Vendor”).RecitalsWHEREAS, Region 14 ESC has entered into a certain Master Agreement dated April 19,2022 , referenced as Contract Number 14-07 , by and between Region 14 ESC and Vendor, as maybe amended from time to time in accordance with the terms thereof (the “Master Agreement”), forthe purchase of Administrative Management Solutions;WHEREAS, said Master Agreement provides that any state, city, special district, localgovernment, school district, private K-12 school, technical or vocational school, higher educationinstitution, other government agency or nonprofit organization (hereinafter referred to as “publicagency” or collectively, “public agencies”) may purchase products and services at the prices indicatedin the Master Agreement;WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the MasterAgreement to public agencies;WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection withother master agreements offered by NCPAWHEREAS, Region 14 ESC desires NCPA to proceed with administration of the MasterAgreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available theMasterAgreement to public agencies on a national basis;NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutualcovenants contained in this Agreement, NCPA and Vendor hereby agree as follows:General Terms and Conditions The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference asthough fully set forth herein, and the terms and conditions contained therein shall apply tothis Agreement except as expressly changed or modified by this Agreement.NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region14 ESC under the Master Agreement, and such rights, privileges and indemnifications shallaccrue and apply with equal effect to NCPA under this Agreement including, but not limitedto, the Vendor’s obligation to provide appropriate insurance and certain indemnifications toRegion 14 ESC.Vendor shall perform all duties, responsibilities and obligations required under the MasterAgreement in the time and manner specified by the Master Agreement.12
NCPA shall perform all of its duties, responsibilities, and obligations as administrator ofpurchases under the Master Agreement as set forth herein, and Vendor acknowledges thatNCPA shall act in the capacity of administrator of purchases under the Master Agreement.With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to theMaster Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative,partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall notbe obligated, liable or responsible (i) for any orders made by Region 14 ESC, any PublicAgency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or(ii) for any payments required to be made with respect to such order, and (c) shall not beobligated, liable or responsible for any failure by the Public Agency to (i) comply withprocedures or requirements of applicable law, or (ii) obtain the due authorization andapproval necessary to purchase under the Master Agreement. NCPA makes norepresentations or guaranties with respect to any minimum purchases required to be madeby Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agencyunder this Agreement or the Master Agreement.The Public Agency participating in the NCPA contract and Vendor may enter into a separatesupplemental agreement to further define the level of service requirements over and abovethe minimum defined in this contract i.e. invoice requirements, ordering requirements,specialized delivery, etc. Any supplemental agreement developed as a result of this contractis exclusively between the Public Agency and Vendor. NCPA, its agents, members andemployees shall not be made party to any claim for breach of such agreement.Term of Agreement This Agreement shall be in effect so long as the Master Agreement remains in effect,provided, however, that the obligation to pay all amounts owed by Vendor to NCPA throughthe termination of this Agreement and all indemnifications afforded by Vendor to NCPA shallsurvive the term of this Agreement.Fees and Reporting Entity NameThe awarded vendor shall electronically provide NCPA with a detailed quarterly reportshowing the dollar volume of all sales under the contract for the previous quarter. Reportsare due on the fifteenth (15th) day after the close of the previous quarter. It is theresponsibility of the awarded vendor to collect and compile all sales under the contract fromparticipating members and submit one (1) report. The report shall include at least thefollowing information as listed in the example below:Zip CodeStatePO or Job #Sale AmountTotal13
Each month Vendor shall report to NCPA the billable lives and corresponding PEPM (PerEmployee/Per Month) and PPPE (Per Participant/Per Event) fees due and payable by eachend-user client for the Services provided by Vendor (collectively “Monthly Fees”). (Thisamount shall exclude all pass through costs, such as postage, third-party access fees, etc.).Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.From the invoice the vendor shall pay to NCPA an administrative fee based upon the tieredfee schedule below. Vendor’s annual sales shall be measured on a calendar year basis.Deadline for term of payment will be included in the invoice NCPA provides.Annual Sales Through ContractAdministra
correct payroll deductions, and having a great customer experience in each interaction with our team and technology. Creating a Path Forward Businessolver is committed to being a flexible, valuable, and reliable long-term partner to support NCPA's evolving benefits needs. Our system and service are unmatched in stability, personalization,
