FLORIDA KEYS EDUCATIONAL FOUNDATION, INC

Request for Proposal

# 2016-01

Annual Financial Audit and Tax Services

Direct Support Organization

To: All Bidders

From: Heather Garcia, Assistant Controller

Subject: Invitation to Bid: # 2016-01

Bid Title: Annual Financial Audit and Tax Services

You are invited to submit a sealed bid subject to the terms, conditions, and specifications contained herein and are hereby made part of this invitation. It is the sole responsibility of all prospective proposers to visit the website, http://www.fkcc.edu/faculty-admin/purchasing-bids.da, to view the solicitation and download any or all issued addenda.

Sealed bids for RFP #2016-01 ANNUAL FINANCIAL AUDIT AND TAX SERVICES for Florida Keys Educational Foundation Inc. will be received at the Assistant Controller, Florida Keys Community College 5901 College Road, Key West, Florida, 33040, no later than 10:00 am Friday, April 1, 2016. Bids will be opened publicly Friday, April 1, 2016 at 11:00 am in room A105.

Bids are to be received in sealed envelopes plainly marked, RFP #2016-01 ANNUAL FINANCIAL AUDIT AND TAX SERVICES and the bidder’s name. Anything written on the outside of the envelope will not be counted as part of the bid. Faxed responses and any bids received after the date and time specified will not be considered.

Direct all inquiries regarding this bid to Heather Garcia, Assistant Controller, 305-809-3178, or by e-mail .

The nondiscrimination clause contained in Section 202, Executive Order 11243, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, are incorporated herein. The above clause applies to all contractors.

TABLE OF CONTENTS

GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR PROPOSERS

A.  Project Description

B.  Florida Keys Educational Foundation, Inc. Informational Facts

  1. Point of Contact
  2. Relationship of Parties
  3. News Releases & Representation
  4. Additional Information & Written Addenda
  5. Delays
  6. Errors and Omissions
  7. Acceptance/Rejection
  8. Protest/Disputes
  9. Proposal Withdrawn
  10. Proposal Preparation Costs
  11. Familiarity with Laws
  12. Public Entity Crimes
  13. Equal Opportunity & Drug/Alcohol Free Workplace
  14. Taxes/Licenses/Permits
  15. Indemnification
  16. Performance Inquiry
  17. Severability
  18. Award/Contract
  19. Contract Period
  20. Termination
  21. Audit
  22. Successors and Assigns

SUBMITTAL INSTRUCTIONS, DATES AND SELECTION PROCESS

A.  Instructions for Submittal of Responses

B.  RFP Pertinent Dates

C.  Screening Selection Process/Evaluation Criteria

SECTION ONE - GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR PROPOSERS

A.  Project Description

Florida Keys Educational Foundation, Inc., the direct support organization of Florida Keys Community College, collectively hereinafter (the “Foundation”), request competitive proposals from licensed and qualified public accounting firms whose principal officer(s) are independent Certified Public Accountant(s), to provide annual financial audit and tax services for the Foundation. It is anticipated the financial audit and tax services will commence April 2016 for fiscal period April 1, 2015 through March 31, 2016. Interested proposers must be licensed in the State of Florida and meet all other requirements as may be required by law. The public accounting firm must demonstrate relevant experience as later described in this Request for Proposal. The Foundation reserves the right, at its’ discretion, to waive any formality in the selection process and to reject any or all Statements of Proposal.

Draft financial statements and audit drafts must be submitted to the Foundation’s Audit Representative(s) by June 1 of each fiscal year audit. Final audit reports and any applicable reportable conditions/material weakness letters shall be delivered to the Foundation’s Board of Directors by June 30 of each fiscal year audit.

The Foundation desires the audit firm(s) to express an opinion on the fair presentation of the financial statements in conformity with accounting principles generally accepted in the Unites State. To meet the requirements of this Request for Proposal, the audits shall be performed in accordance with auditing standards generally accepted in the United States as set forth by the American Institute of Certified Public Accountants. Audits shall also include the standards for financial audits set forth by the U.S. General Accounting Office’s Governmental Auditing Standards, the provisions of the U.S. Office of Management and Budget (OMB) Circular A-133, the provisions set forth by the Internal Revenue Service with respect to not-for-profit organizations, as well as the laws and standards prescribed by the State of Florida and its Treasurer.

Following the completion of the audits, the firm(s) shall issue the following reports:

  1. Report on the fair presentation of the financial position, results of operations, and cash flows or changes in financial positions in accordance with U.S. generally accepted accounting principles;
  2. Report on Florida Single Audit, when applicable;
  3. Reportable conditions/material weakness letter, if applicable; and
  4. Tax filings (i.e. Federal Form 990)

All working papers and reports must be retained, at the auditing firm’s expense, for a minimum of seven (7) years, unless the firm is notified in writing by the Foundation of the need to extend the retention period. The audit firm(s) will be required to make working papers available upon request by the Foundation. Reports, documents and working papers will only be released with specific written permission and direction from the Foundation. In addition, the firm(s) shall respond to reasonable inquiries of successor firms and allow successor audit firms to review working papers relating to matters of continuing accounting significance.

The Foundation’s accounting staff and responsible management personnel will be available during the audits to assist the selected firm by providing information, documentation and explanations. The Foundation’s accounting staff will prepare statements and schedules for the firm wherever possible and appropriate. The Foundation’s staff will provide the firm with reasonable workspace, desks and chairs. The firm will also be provided with reasonable access to telephone lines, photocopying facilities and Fax machines. Report preparation, editing and printing shall be the responsibility of the selected firm.

  1. Florida Keys Educational Foundation, Inc. Informational Facts

Florida Keys Educational Foundation, Inc. was incorporated as a not-for-profit organization under the laws of the State of Florida on July 1, 1966. The Financing Corporation is a direct support organization and a component unit of the Florida Keys Community College (the “College”) as defined by State of Florida Auditor General Rule 10.700 and Florida Statute 1004.70, thus subject to the actions of Florida Keys Community College’s District Board of Trustees.

It is governed by its own District Board of Directors and is organized to assist in the achievement of the College’s mission by soliciting, administering and optimizing through matching programs, private gifts, grants, bequests and donations in order to support the College’s students and to enhance teaching and learning at the College. The Foundation is responsible for the control and management of all assets of the Foundation, including the prudent management of all gifts consistent with donor intent. Furthermore, it is responsible for the performance and oversight of all aspects of its operations based on a comprehensive set of bylaws that clearly address the Board’s fiduciary responsibilities, including expectations of individual Board members based upon ethical guidelines and policies.

C.  Point of Contact

The Foundation’s point of contact for all matters relating to this RFP is Heather Garcia, Assistant Controller. If there are any questions concerning the RFP, direct in writing, to Heather Garcia VIA email . Neither questions nor answers will be provided via phone or in person. The last day for questions will be the end of business (4:00 p.m. EST) on Tuesday, March 29, 2016. Questions received after March 29, 2016 will not receive a response.

  1. Relationship of Parties

The Proposer is an independent contractor and will furnish services upon its own credit rather than as an employee, agent or representative of the Foundation. The conduct and control of the services performed pursuant to the agreement shall be solely with the vendor; however, such services shall be performed in accordance with generally accepted procedures and methods. None of the benefits provided by the Foundation to its employees, including, but not limited to, compensation insurance and unemployment insurance, are available from Foundation to proposer or the employees, agents or public servants of the proposer. The proposer will be solely and entirely responsible for proposer’s acts and for the acts of proposer’s agents, employees, and public servants during the performance of the agreement.

  1. News Releases & Representation

The proposer shall obtain the prior approval of the College and Foundation for any news releases or other publicity pertaining to this RFP or other service, study or project to which it relates.

The proposer shall not use the name of the College or Foundation in any way unless approved in writing by the College or Foundation. The Proposer shall not assign the agreement or any of the rights or duties hereunder without the prior written consent of the Foundation. The agreement shall be governed by the laws of the State of Florida.

  1. Additional Information & Written Addenda

No additional information may be submitted, or follow-up performed by any proposer after the stated due date outside of a formal presentation to the evaluation team, if applicable, unless specifically requested by the Foundation.

No interpretation of the meaning of the RFP document or correction of any apparent ambiguity, inconsistency or error therein will be made to any respondent verbally. Requests for such interpretation or correction should be made in writing to the Foundation’s point of contact. Interpretation of the wording of this document shall be the sole responsibility of the Foundation and that interpretation shall be final.

A written addendum may be issued by the Assistant Controller prior to the RFP submittal date, supplementing, modifying or interpreting any portion of this RFP and will be posted on the College’s web site. No verbal or written information from other sources are authorized as representing the College or Foundation. It is the sole responsibility of all prospective proposers to visit the website, prior to submitting their response, to view the solicitation and download any issued addenda.

  1. Delays

The Foundation, at its sole discretion, may delay the scheduled due dates indicated if it is to the advantage of the Foundation to do so. The Foundation will post delays or changes and information or addendums on the College’s web site; it is the sole responsibility of interested firms to consistently monitor this site for changes. Failure to note changes posted on the web site will be the fault of the potential proposer and not the responsibility of the Foundation.

H.  Errors and Omissions

The proposer is expected to comply with the true intent of this RFP taken as a whole and shall not avail itself of any errors or omissions to the detriment of the services. If proposer suspects any error, omission, or discrepancy in the specifications or instructions, the proposer shall immediately notify the Foundation, in writing, and the Foundation shall issue and post a written addendum. The proposer is responsible for the contents of its proposal and for satisfying the requirements set forth in the RFP. Any proposer which submits in its proposal to the Foundation any information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, shall be disqualified from consideration.

  1. Acceptance/Rejection

The Foundation reserves the right to reject all proposals, to waive any formalities and technicalities, and to solicit and re-advertise for new proposals, or to abandon the project in its entirety. The Foundation reserves the right to make the award to that proposer who, in the opinion of the Foundation, will be in the best interest of and/or the most advantageous to the Foundation. The Foundation reserves the right to reject the proposal of any vendor who has previously failed in the proper performance of an award or to deliver on time contracts, or who, in their opinion, is not in a position to perform properly under this award. The Foundation reserves the right to inspect all facilities of proposers in order to make a determination as to the foregoing.

The Foundation shall have the right to reject any or all proposals and in particular to reject a proposal not accompanied by data required by the RFP or a qualification in any way incomplete or irregular. Conditional qualifications will not be accepted.

  1. Protest/Disputes

Any Notice of Protest involving the specifications/terms/conditions or any other aspect of the Request for Proposal must be filed in writing within seventy-two (72) hours after the posting of the solicitation. Formal written protest must be filed within ten (10) days after the date of the Notice of Protest is filed; noting references to the specific statutes the protest is based upon. Failure to file a Notice of Protest or failure to file a formal written protest within the time prescribed shall constitute a waiver of proceeding under Chapter 120, Florida Statutes.

Following Phase One and Phase Two (if applicable) of the Screening Selection Process and prior to the intended award being presented to the Foundation Board of Directors, it is the sole responsibility of all prospective proposers to visit the college website to view the intended award public posting. Failure to file a written protest to the Assistant Controller within the time prescribed (72 hours) in section 120.57(3) (b), Florida Statutes, shall constitute a waiver of protest proceedings. A lobbying blackout period shall commence upon issuance of the solicitation until the approved recommendation for award.

In case of any doubt or difference of opinion as to the specifications, equivalent products, or items to be furnished hereunder the decision of the Foundation shall be final and binding on both parties.

  1. Proposal Withdrawn

Proposers may withdraw their proposals by notifying the Foundation in writing at any time prior to the time set for the proposal deadline. Proposers may not withdraw their proposals in person or by phone. Once opened, proposals become the property of the Foundation and will not be returned to the proposers.

  1. Proposal Preparation Costs

Neither the Foundation nor its representatives shall be liable for any expenses incurred in connection with preparation of a proposal. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the proposer’s ability to meet the requirements of the RFP.

  1. Familiarity with Laws

All proposers are required to comply with all federal, state, and local laws, codes, rules, and regulations controlling the action or operation of this RFP. Relevant laws may include, but are not limited to; the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act of 1990, Florida Administrative Code, Chapter 6A-14, Florida Statute 1013 (K-20 Education Code – Facilities), Florida Statutes 402.301-402.319, OSHA regulations, and all Civil Rights legislation.