901078 Addendum 1 Workers' Compensation Investigation Panel

County of Alameda, General Services Agency – Purchasing

RFP No. 900977, Addendum No. 2

COUNTY OF ALAMEDA

ADDENDUM No. 1

RFP No. 901078

for

Workers’ Compensation and Disability Program Investigation Services Panel

Specification Clarification/Modification and Recap of the Networking/Bidders Conferences

Held on August 12, 2013 and August 13, 2013

This County of Alameda, General Services Agency (GSA), RFP Addendum has been electronically issued to potential bidders via e-mail. E-mail addresses used are those in the County’s Small Local Emerging Business (SLEB) Vendor Database or from other sources. If you have registered or are certified as a SLEB, please ensure that the complete and accurate e-mail address is noted and kept updated in the SLEB Vendor Database. This RFP Addendum will also be posted on the GSA Contracting Opportunities website located at http://www.acgov.org/gsa/purchasing/bid_content/ContractOpportunities.jsp.

Alameda County is committed to reducing environmental impacts across our entire supply chain.

If printing this document, please print only what you need, print double-sided, and use recycled-content paper.

RFP No. 900977, Addendum No. 2

Page 8

The following Sections have been modified to read as shown below. Changes made to the original RFP document are in bold print and highlighted, and deletions made have a strike through.

**PLEASE NOTE – IMPORTANT CHANGES HAVE BEEN MADE TO Section II (CALENDAR OF EVENTS)** AND A REVISED EXHIBIT B: COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS is attached.

II. CALENDAR OF EVENTS

EVENT / DATE/LOCATION
Request Issued / July 29, 2013
Written Questions Due / by 5:00 p.m. on August 13, 2013
Networking/Bidders Conference #1 / August 12, 2013 @ 10:00 a.m. / at: Castro Valley Public Library
Chabot Room
3600 Norbridge Ave.
Castro Valley, CA 94546
Completed
Networking/Bidders Conference #2 / August 13, 2013 @ 2:00 p.m. / at: General Services Agency
Room 1107
1401 Lakeside Dr.
Oakland, CA 94612
Completed
Addendum Issued / August 298, 2013
Response Due / September 132, 2013 by 2:00 p.m.
Evaluation Period / September 2613, 2013 – October 923, 2013
Vendor Interviews / October 18, 2013 – October 232, 2013
Board Letter Recommending Award Issued / December 163, 2013
Board Consideration Award Date / January December 17, 2013
Contract Start Date / February January 1, 2014

Note: Award and start dates are approximate.

Page 5 of the RFP, Section I (STATEMENT OF WORK), Subsection E (SPECIFIC REQUIREMENTS), Item 1 (Vendor Services), Sub-item b:

b. Investigators assigned to County cases shall have a minimum five (5) years of experience in investigating workers’ compensation claims and be familiar with the California Labor Code, recent Workers’ Compensation Appeals Board (WCAB), and court decisions. In addition, investigators shall possess a minimum of three (3) years of sworn law enforcement experience.

Responses to Written Questions

Q1) Are the Bidders Conferences open to just SLEB (Small, Local, Emerging Businesses) or for all vendors?

A1) The Bidders Conferences are open to all vendors.

Q2) Are all SLEB requirements in place for this proposal?

A2) Yes.

Q3) Can more than one investigation firm partner up, with one being the Bidder and the other working as a Subcontractor and another as the SLEB? If so, does the Bidder need to reveal the name(s) of the Subcontractor(s) in the bid?

A3) Investigation firms may partner up. The bidder is required to name the SLEB subcontractors in their proposal and what functions/tasks/services/products the firm will provide and at what percent of the contract.

Q4) Can a bidder who did not respond to the RFI still submit a response to the RFP? If yes, is the due date still July 16, 2013?

A4) Yes, the RFI response is not mandatory. The RFP due date is September 13, 2013.

Q5) Page 16 of the RFP, Section III (COUNTY PROCEDURES, TERMS, AND CONDITIONS), Subsection N (AWARD), Item 3 states:

3. Small and Emerging Locally Owned Business: The County is vitally interested in promoting the growth of small and emerging local businesses by means of increasing the participation of these businesses in the County’s purchase of goods and services.

As a result of the County’s commitment to advance the economic opportunities of these businesses, Bidders must meet the County’s Small and Emerging Locally Owned Business requirements in order to be considered for the contract award.

Under this requirement, would a vendor that has a California office and a 50/50 SLEB partnership qualify to bid for this contract?

A5) The prime bidder must be a registered SLEB in order to receive bid preference points. If the prime bidder is not a SLEB, then a SLEB firm should be subcontracted for a minimum of 20% of the total contract amount.

Q6) Page 5 of the RFP, Section I (STATEMENT OF WORK), Subsection E (SPECIFIC REQUIREMENTS), Item 1 (Vendor Services), Sub-item b states:

Does the law enforcement experience requirement also apply to the SLEBs?

Can a corporation bid for this contract if their SLEBs have previous law enforcement experience?

A6) Please see page 2 of this Addendum. The County is removing the law enforcement experience requirement.

Q7) Is the County accepting only sworn law enforcement officers for this bid?

A7) No. Please see page 2 of this Addendum. The County is removing the law enforcement experience requirement.

Q8) Page 5 of the RFP, Section I (STATEMENT OF WORK), Subsection D (VENDOR QUALIFICATIONS), Item 1 (BIDDER Minimum Qualifications), Sub-item b states:

b. Bidder shall possess a private investigator’s license.

Does a SLEB need to also possess a private investigator’s license or can they possess another type of license (e.g., an adjuster’s license) as long as they are a SLEB?

A8) A SLEB prime must meet the minimum requirements of the contract.

Q9) Does the County expect that travel time and report preparation be included in the estimated 12 hours per claim?

A9) Yes. However, time spent preparing additional documents for fraud reporting may be separately billed at the Arising Out of Employment/Course of Employment (AOE/COE) rate.

Q10) Is the mileage and travel time charged from the County’s primary place of business, or from contractors or investigators location?

A10) Mileage and travel time starts from the County’s primary place of business.

Q11) What is the County’s definition of a “day” for surveillance purposes?

A11) Eight hours.

Q12) Does the County expect the travel time to be included in the rate for a day of surveillance?

A12) Yes.

Q13) How often does the County request that recorded statements be transcribed?

A13) Rarely. This has not been requested in the past fiscal year.

Responses to Oral Questions

Q14) Paragraph 2 of the SLEB Partnering Information Sheet states:

Bidders not meeting the definition of a SLEB are required to subcontract with a SLEB for at least twenty percent (20%) of the total estimated bid amount in order to be considered for contract award.

How will the winning contractor know how much “actual” work there will be in order to fulfill this requirement? What if the SLEB agrees to the 20% but then cannot undertake the amount of work?

A14) It is the responsibility of the bidder to determine which components, if any, can be subcontracted to a SLEB firm. The selection of a firm should include their ability to fulfill the SLEB requirement. The SLEB requirement can be met by one or more SLEB firms for a cumulative minimum total of 20%. All subcontractors do not have to provide the same service, or at the same percentage.

Q15) Once the contract is awarded, can the SLEB partner use subcontractors to perform any portion of the 20% of the work they are given as part of the contract? If so, would the SLEB be required to disclose the names of the subcontractors as part of the part of the bid proposal?

A15) The bidder is required to name the SLEB subcontractors and what functions/tasks/services/products the firm will provide and at what percent of the contract. Deviations to this, after contract award, can only be made with the approval of the County of Alameda.

Q16) Can the County provide the name of the current Third Party Administrator?

A16) York Risk Services Group, Inc.

Q17) Page 5 of the RFP, Section I (STATEMENT OF WORK), Subsection E (SPECIFIC REQUIREMENTS), Item 1 (Vendor Services), Sub-item b states:

Is this true for AOE/COE and sub rosa investigations or for only sub rosa investigations?

A17) Please see page 2 of this Addendum. The County is removing the law enforcement experience requirement. The “minimum five (5) years of experience in investigating workers’ compensation claims and be familiar with the California Labor Code, recent Workers’ Compensation Appeals Board (WCAB), and court decisions” requirements shall apply to AOE/COE only.

Q18) Page 9 of Exhibit A – Bid Form, REQUIRED DOCUMENTATION AMD SUBMITTALS, Item 8. states:

(a) Most recent Dun & Bradstreet Supplier Qualifier Report. For information on how to obtain a Supplier Qualifier Report, contact Dun & Bradstreet at 1-800-424-2495 or http://www.dnb.com/government/contractor-management-portal.html;

If the bidder is not a member of Dun & Bradstreet, will the County accept another form of financial statement?

A18) No.

REVISED BID FORM(S)

Cost shall be submitted on Exhibit A as is. No alterations or changes of any kind are permitted. Bid responses that do not comply will be subject to rejection in total. The cost quoted below shall include all taxes and all other charges, including travel expenses, and is the cost the County will pay for the one-year term of any contract that is a result of this bid.

Quantities listed herein are annual estimates based on past usage and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied.

Bidder hereby certifies to County that all representations, certifications, and statements made by Bidder, as set forth in this Bid Form and attachments are true and correct and are made under penalty of perjury pursuant to the laws of California.

Description of Service / Claims Per
Year
(a) / Estimated amount of time per claim
(b) / Unit of Measure / Rate per unit
(c) / Maximum Extended Cost Yearly
(d)
(d)=(a)*(b)*(c)
AOE/COE Investigation / 104 / 12 / Hour / $_____ / $
Surveillance /Sub rosa / 41 / 6 / Day / $_____ / $
Per Claim
Claim Background Check / 30 / Flat rate / Each / $_____ / $
Subtotal Investigators Total Fees Per year (e)=sum of column (d) / $
DESCRIPTION / Administrative Fee %
(f) / Extended Cost of Administrative Fees*
(g)=(e)*(f)
Administrative fees of up to ten percent (10%) of the investigator’s total fees, excluding mileage** and bridge tolls will be allowed. Bidders may propose a lower percentage. Administrative fees shall include all other costs including, but not limited to, transcription, faxes, e-mails, phone, postage, and equipment such as cameras and video machines. Administrative Costs per claim (multiply subtotal by %) / % / $
Total Yearly Cost (h)=(e)+(g) / $

*To calculate the Extended Cost of Administrative Fees please multiply subtotal Investigators Total Fees per Year by the Administrative Fee %

**Approved Mileage claims will be reimbursed at the IRS rate allowed at the time in which the investigation service was performed.

Note: Please add the following to obtain the Total Yearly Cost:

1. Maximum Extended hourly rateCost Yearly for all service descriptionsACE/COE Investigation (Unit of Measure= hour)

2. Maximum Extended Cost Yearly for Surveillance/Subrosa

3. Maximum Extended Cost Yearly for Claim Background Checks (Unit of Measure=claim)

4. Any administrative costs.

Bidder agrees that the price(s) quoted are the maximum they will charge during the term of any contract awarded.

FIRM: ______SIGNATURE:______DATE:______

PRINTED NAME: ______TITLE:______

REVISED EXHIBIT B

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

Without limiting any other obligation or liability under this Agreement, the Contractor, at its sole cost and expense, shall secure and keep in force during the entire term of the Agreement or longer, as may be specified below, the following minimum insurance coverage, limits and endorsements:

TYPE OF INSURANCE COVERAGES / MINIMUM LIMITS
A / Commercial General Liability
Premises Liability; Products and Completed Operations; Contractual Liability; Personal Injury and Advertising Liability; Abuse, Molestation, Sexual Actions, and Assault and Battery / $1,000,000 per occurrence (CSL)
Bodily Injury and Property Damage
B / Commercial or Business Automobile Liability
All owned vehicles, hired or leased vehicles, non-owned, borrowed and permissive uses. Personal Automobile Liability is acceptable for individual contractors with no transportation or hauling related activities / $1,000,000 per occurrence (CSL)
Any Auto
Bodily Injury and Property Damage
C / Workers’ Compensation (WC) and Employers Liability (EL)
Required for all contractors with employees / WC: Statutory Limits
EL: $100,000 per accident for bodily injury or disease
D / Endorsements and Conditions:

1. ADDITIONAL INSURED: All insurance required above with the exception of Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees, volunteers, and representatives. The Additional Insured endorsement shall be at least as broad as ISO Form Number CG 20 38 04 13.

2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement. In addition, Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until 3 years following the later of termination of the Agreement and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement.
3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies, including excess and umbrella insurance policies, shall include an endorsement and be primary and non-contributory and will not seek contribution from any other insurance (or self-insurance) available to the County. The primary and non-contributory endorsement shall be at least as broad as ISO Form 20 01 04 13. Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractor’s contractual obligation to indemnify and defend the Indemnified Parties.
4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with a A.M. Best Rating of no less than A:VII or equivalent, shall be admitted to the State of California unless otherwise waived by Risk Management, and with deductible amounts acceptable to the County. Acceptance of Contractor’s insurance by County shall not relieve or decrease the liability of Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor.

5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall verify that the subcontractor, under its own policies and endorsements, has complied with the insurance requirements in this Agreement, including this Exhibit. The Additional Insured endorsement shall be at least as broad as ISO Form Number CG 20 38 04 13.

6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by one of the following methods:
– Separate insurance policies issued for each individual entity, with each entity included as a “Named Insured” (covered party), or at minimum named as an “Additional Insured” on the other’s policies. Coverage shall be at least as broad as in the ISO Forms named above.
– Joint insurance program with the association, partnership or other joint business venture included as a “Named Insured”.
7. CANCELLATION OF INSURANCE: All insurance shall be required to provide thirty (30) days advance written notice to the County of cancellation.
8. CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to County, evidencing that all required insurance coverage is in effect. The County reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies. The required certificate(s) and endorsements must be sent as set forth in the Notices provision.

Certificate C-1A Page 1 of 1 Form 2001-1 (Rev. 08/01/13)