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PRE-PROPOSAL CONFERENCE Bond Program Monitor Procurement (RFP 13-08). Moderator: Stephen J. Densmore, Special Counsel . June 10, 2013. 1. 2. Board Rules. Board Rules. 17300 Establishment of Office 17301 Powers and Duties 17302 Whistleblower Hotline
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PRE-PROPOSAL CONFERENCEBond Program Monitor Procurement(RFP 13-08) Moderator: Stephen J. Densmore, Special Counsel June 10, 2013 1
2 Board Rules
Board Rules • 17300 Establishment of Office • 17301 Powers and Duties • 17302 Whistleblower Hotline • 17303 Investigation Reports and Other Documentary Material • 17304 Duty of Vigilance and Cooperation • Retaliation Prohibited • Referrals of Investigations • 17307 Conflicts of Interest • 17308 Legal Counsel • 17309 Internal Principles, Policies, and Procedures • 17310 Auditing and Management Functions • 17311 Training Programs 3 Chapter XVII Article 3 Bond Program Monitor
Board Rules Impetus for recent Rule changes: • Minimize overlapping functions with those of Bond Program auditors • Focus activities on misconduct involving fraud, abuse of discretion, and waste • Add an emphasis on proactive detection and prevention of misconduct. • Eliminate involvement in management issues involving efficiency, policy-making, and legal interpretations 4
RFP Process RFP Process 5
RFP Process Objective “. . . to select one qualified firm or professional to provide Key Personnel and support staff to reorganize and continue the operation of the Bond Program Monitor for the Bond Program consistent with the mandates of the current Board Rules .” 6
RFP Process Overview RFP ISSUANCE Score Clerk Technical Proposals Price Proposals Phase I scores FIRST PHASE Technical Proposal Evaluations (Open to all Proposers) Short-List (4 firms) short-list results (no scores) Phase II scores SECOND PHASE Interviews Final Ranking Combined final scores - ranking THIRD PHASE Negotiations 7
RFP Process –Proposals 8 Two-Package Submission Technical Proposal - SCORED Pricing Proposal – NOT SCORED
RFP Process –Proposals 9 Technical Proposal
RFP Process –Technical Proposals 10 Overview Firm history and organization Personnel Firm experience Technical approach References
RFP Process –Technical Proposals 11 Personnel
RFP Process –Technical Proposals 12 Personnel Categories Key Personnel Professional Support Staff Staff
RFP Process –Technical Proposals 13 Key Personnel Bond Program Monitor Senior Confidential Investigator Senior Confidential Auditor “Preferred qualifications”
RFP Process –Technical Proposals 14 Professional Support Staff i.e., investigators, IT specialists, auditors Resume and experience summary
RFP Process –Technical Proposals 15 Staff i.e., clerical and office staff experience summary
RFP Process –Technical Proposals 16 Firm Experience
RFP Process – Technical Proposals Focus Statement “. . . Foreach of the three individuals proposed to serve as its Key Personnel, the Proposer shall describe the past experience of that individual in performing services for building programs (or for other types of public programs that, although not building programs, involved services of a type that are comparable to that required for a building program) for a public agency, department, district, or political subdivision services, which description shall include . . .” – RFP Attach. No. 4, “Proposal Requirements and Evaluation Criteria,” p. 7 17
RFP Process –Technical Proposals 18 Technical Approach
RFP ProcessTechnical Proposals Technical Approach 19 • How would the Proposer organize, staff, and operate the BPM? • What types of misconduct would the Proposer would anticipate encountering? • What investigative methodologies and techniques would the Proposer anticipate employing to conduct investigations without inhibiting performance by employees, contractors, and consultants? • How would the Proposer administer the Whistleblower Program? • How would the Proposer structure an annual Work Plan? • What types of customized solutions might the Proposer consider suitable to detect and prevent fraud, waste, and abuse in the Bond Program?
RFP ProcessReferences References 20
RFP ProcessReferences 3 references Public agencies 21
RFP ProcessPrice Proposals 22 Price Proposals
RFP ProcessPrice Proposals 23 Pricing* negotiated, not competed. * For each 12-months of 5-year term: (1) proposedhourly rates; (2) proposed total fees not to exceed specified RFP maximums (RFP Attach. 3) and (3) proposed total reimbursable expenses budget
RFP Process Price Proposals 24 Staffing Plan • Each 12-month period of term • Rates, hours, FTE conversions • Total fees per position, overall • 12-month maximum fees • 12-month reimbursables budget
RFP Process Price Proposals 25 Proposal Attachments
RFP Process Proposal Attachments 27 Outreach
RFP Process Proposal Attachments 28 Outreach Forms 1. Form LSE – 0010: Select option 1, 2, or 3. 2. Form LSE – 0120 (option 1): Demonstrate 28% or more of fees to be earned by sub’s that are local, small, or emerging businesses 3. Form LSE – 0130 (option 2): Demonstrate good faith efforts to outreach to local, small, or emerging businesses.
RFP Process Interviews 29 Interviews
RFP Process Interviews 30 Interviews Short-listed proposers only 3 attendees (BPM required) Scripted Questions (TBA) Presentation: 40 minutes Q & A Schedule (TBA)
RFP Process Interviews 31 Reference Interviews Optional
RFP Process Evaluations 32 Evaluation Criteria and Scoring
RFP Process Award 34 Award
RFP Process Award 35 District Options: Immediate award or Negotiations
RFP ProcessBackground Checks 37 Background Checks
RFP ProcessBackground Checks 38 • Background checks are conducted after Notice of Intent to award or negotiate • Background checks are limited to Key Personnel of intended/tentative awardee • Each individual shall sign a Consent form (RFP Attach. 14) and submit to fingerprinting • Proposer shall submit w/in 5 business days of request all information required by RFP Attach. No. 4, Part 5 (pp. 18 – 22)
RFP ProcessBackground Checks Investigative areas: • criminal history • financial and credit history and ratings • civil litigation history • social services department records and reports • military service records and reports • workers compensation records and reports • past business affiliations • educational history • employment history • licensing and professional certifications history • social media postings • other matters relevant to character and general reputation 39
RFP ProcessBoard Interview 40 Board Interview
RFP ProcessBoard Interview 41 Board Interview: • Not scored • Not part of competitive evaluation • Not attended by all Board members • Results of background checks available to Board interviewers
DISCLAIMER Summaries and other information provided at the Pre-Proposal Conference relating to the requirements of the RFP Documents are for the convenience of the proposers and are not binding upon the District unless and until confirmed by RFP Addendum. Statements by the District’s representatives or attorneys, including, without limitation, statements or responses contained in RFP Addenda, do not constitute legal advice. 42