REQUEST FOR PROPOSALS

Bona Fide Benefit Plans and Administration for

Service Contract Act and Davis Bacon Act Employees

Cherokee Nation Businesses, LLC

777 West Cherokee St.

Catoosa, OK 74015

TABLE OF CONTENTS

I / Introduction
II / Summary
III / Background
IV / Contractor’s Acknowledgments
V / General Information and Conditions
VI / Instructions for Preparation of Proposal
  1. INTRODUCTION

Cherokee Nation Businesses, LLC (CNB) is a tribal limited liability company of the Cherokee Nation, a federally recognized government. It was created in June 2004 to provide shared services and strategic coordination and to act as a holding company for certain business ventures. Several of these entities are engaged in government contracting. Several of our entities are working on contracts which require compliance with Service Contract Act (SCA) and Davis Bacon Act, (DBA)requirements with about 431 employees subject to these requirements. Currently benefit administration is performed in-house.

  1. SUMMARY

Cherokee Nation Businesses is receiving proposals from well-qualified firms to offer SCA/DBA compliant benefit plans and administration services that meet the requirements of the McNamara-O’Hara Service Contract Act of 1965—a/k/a the “Service Contract Act” or “SCA”— and the Davis Bacon Act/”DBA” which applies to Federal contracts. Contractors subject to the SCA and DBA must pay prevailing wage rates and fringe benefits to service employees employed on contracts to provide services to the federal government.

Benefit plans and administration services to CNB and its subsidiaries will consist of:

  1. Administration of a bona-fide benefit plans covering only SCA and DBA eligible employees
  2. Administer Benefit Plans that offer the full fringe rate compliance in accordance with the SCA and DBA
  3. Affordable Care Act compliance
  4. COBRA administration
  5. Compliance review
  6. Report preparation
  7. 5500 preparation

CNB reserves the right to determine a proposal in terms of meeting RFP requirements and to accept or reject any and all proposals received. CNB reserves the right to negotiate with offerors regarding the terms of their proposal or parts thereof. CNB will award the contract in the best interest of the company and its subsidiaries.

All questions, correspondence and communication regarding this RFP must be directed to:Charla Vardeman at . Contact with other employees of CNB or its subsidiaries in relation to this RFP are prohibited and may result in disqualification of the offerors proposal.

  1. BACKGROUND

The Cherokee Nation Businesses is headquartered in Catoosa, Oklahoma.

The following entities are included in this Request for Proposals:

Cherokee Nation Businesses is the parent company. The parent provides shared services to all subsidiaries including employee services and benefit administration. The offeror chosen will work closely with the Employee Services benefit team related to employee data, benefit elections, interfaces, etc. There are a total of 431 SCA/DBA employees within the following subsidiaries:

Cherokee Medical Services LLC and Cherokee Nation Healthcare Services LLC are 100% owned CNB subsidiaries active in the medical staffing government contract space. Currently, these 2 companies have 118 employees subject to SCA/DBA requirements.

Cherokee Services Group LLC, Cherokee Nation Technology Solutions LLC, Cherokee Nation Government Solutions LLC, and Cherokee Nation Assurance LLC are 100% owned CNB subsidiaries active in the professional and information technology services area of government contracting. Currently these companies have228 employees subject to SCA/DBA requirements.

Cherokee Nation Defense Solutions LLC, Cherokee Nation Redwing LLC, and Cherokee Nation Security and Defense LLC are 100% owned CNB subsidiaries active in defense, logistic, security and procurement services area of government contracting. Currently these 3 companies have 24 employees subject to SCA/DBA requirements.

Cherokee CRC LLC is a 51% owned subsidiary in environmental and aviation government services. Cherokee NationConstruction Services, LLC, 100% and Cherokee Nation 3S LLC, 100% owned CNB subsidiaries providing government and private industries with detail-oriented construction services. Currently these 3 companies have61employees subject to SCA/DBA requirements.

CNB’s government business continues to grow and additional contracts could substantially increase the benefit participation of SCA/DBA employees.

  1. CONTRACTOR’S ACKNOWLEDGEMENTS

By submitting a proposal in response to this RFP, the Contractor understands, represents and acknowledges that:

  • All information provided by, and representations made by, the Contractor in the proposal are material and important and will be relied upon by CNB in awarding any contract;
  • No employee of CNB or its subsidiaries has an ownership interest in the business or is an employee of the business;
  • The price and amount of this proposal have been arrived at independently and without consultation, communication or agreement with anyother Contractor or potential Contractor;
  • Neither the price nor the amount of this proposal have been disclosed to any other firm or person who is a Contractor or potential Contractor, and they will not be disclosed on or before the proposal submission deadline specified in the cover letter of this RFP:
  • No attempt has been made or will be made to induce any firm or person to refrain from submitting a proposal on this solicitation, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal;
  • The proposal is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal;
  • To the best knowledge of the person signing the proposal for the Contractor, the Contractor, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four (4) years been convicted or found liable for any act prohibited by federal, state, local or tribal law in any jurisdiction, involving conspiracy or collusion with respect to bidding or proposing on any public contract;
  • To the best of the knowledge of the person signing the proposal for the Contractor and except as otherwise disclosed by the Contractor in its proposal, the Contractor has no outstanding, delinquent obligations to any federal, state, local or tribal entity, including but not limited to, any tax liability.
  1. GENERAL INFORMATION AND CONDITIONS

CNB will receive proposals from well-qualified firms to perform Service Contract Act and Davis Bacon Act benefit administration for the benefit of CNB and its subsidiaries as per the scope of work and terms and conditions contained in this Request for Proposal. The contract will contain a cancellation clause in favor of CNB. CNB reserves the right to award to more than one firm. CNB will make this Request for Proposal and the successful bidder’s proposal a part of the contract.

All correspondence and questions regarding this Request for Proposal and requests for additional information must be directed to: . No interpretation of the meaning of the Request for Proposal will be made to any Contractor orally. No telephone inquiries please. All questions regarding this RFP must be directed to buyerno later than 5:00 p.m., Friday, June 26, 2015. CNB anticipates responding to any questions submitted on or before 5:00 p.m., Tuesday, June 30, 2015.

Responses to any questions that may be posed or updates and/or addendums issued during the RFP process will be posted to the RFP posting on . It is the responsibility of each bidder to monitor the websiteand posting for information posted regarding this Request for Proposal. Failure of any Contractor to receive any such addendum or interpretation shall not relieve such Contractor from any obligation under their proposal as submitted. All addenda so issued shall become part of the contract documents. No contact should be made with any CNB or subsidiary personnel regarding this RFP other than to the individuals named above.

Each proposal must be submitted in a sealed envelope bearing on the outside the name of the proposing firm and the name of the project for which the proposal is submitted. If forwarded by mail, the sealed envelope containing the proposal must be enclosed in another envelope addressed as specified above. Proposals will be accepted until 3:00 p.m., Friday, July 10, 2015.Three copies of the proposal should be submitted, as well as an electronic copy. Proposals must be sealed and designated as “RFP – SCA/DBA Benefits – DO NOT OPEN”. Proposals may be mailed, express delivered, or hand delivered to the following:

If mailed or express delivered:

Cherokee Nation Businesses, LLC

Attn: Charla Vardeman, Buyer

777 West Cherokee St.

Catoosa, Oklahoma74015

If hand delivered:

Cherokee Nation Businesses, LLC

Attn: Charla Vardeman, Buyer

Corporate Building 3

1102 N 193rd East Ave

Catoosa, Oklahoma 74015

Any proposal received after the time stated above will not be considered.

Term: The contract award will be for three (3) years with an option for the CNB to renew the contract annually for up to two (2) additional years. Contract award and renewals will be subject to satisfactory delivery of services. The contract will contain a cancellation clause in favor of the CNB.

Indian Preference: Preference will be given to Cherokee-owned firms, Other Indian-owned firms, and Major Cherokee Employers as certified by the Cherokee Nation Tribal Employment Rights Office (TERO), P.O. Box 948, Tahlequah, Oklahoma, 74465. Proof of current certification must accompany all proposals. To receive points during the evaluation process for Indian preference, the bidder must demonstrate they will control, direct and perform at least 51% of the Scope of Services.

In addition, by submitting a proposal in response to this RFP, the Contractor agrees to the following:

CNB shall to the greatest extent feasible give preference in the award of contracts to Indian organizations and Indian-owned economic enterprises. All contracting is required to comply with procedures for selection of Contractors and Sub-contractors as set forth in the Cherokee Nation Tribal Employment Rights Office regulations. The complete Act is available by contacting the TERO OFFICE at Tahlequah 918-453-5000. TERO bidders are required to provide a copy, front and back, of their TERO certificate with return bid(s) and failure to do so will result in such bidders not receiving the TERO preferences afforded TERO bidders under the CNBprocurement and contracting policies and procedures.

All contracting is also required to comply with the Cherokee Nation Acquisition Management Interim Policies and Procedures (January - 1997). All work to be performed under any contract is also subject to Section 7(b) of the Indian Self-Determination Act.

Section 7(b) states:

Any contract, subcontract, grant, or subgrant pursuant to this act, the Act of April 16, l934 (48 Stat. 596) as amended, (the Johnson-O'Malley Act) or any other Act authorizing federal contracts with or grants to Indian organizations or for the benefit of Indians, shall require to the greatest extend feasible;

  • Preference and opportunities to training and employment in connection with the administration of such contracts or grants shall be given to Indians; and
  • Preference in the award of subcontracts and subgrants in connection with the administration of such contracts or grants shall be given to Indian organizations and to Indian-owned economic enterprises as defined in Section 3 of the Indian financing Act of l974 (88 Stat. 77).

Modification of Proposals: Any offeror may modify his proposal at any time prior to the scheduled closing time for receipt of proposals, provided such communication is received in writing by CNB prior to the closing time.

Withdrawal of Proposals: Any proposal may be withdrawn prior to the above scheduled due date. Any proposals received after the date and time specified shall not be considered. No Contractor may withdraw a proposal within 30 days after the actual due date. Any Contractor may modify their proposal at any time prior to the scheduled closing time for receipt of proposals, provided such communication is received in writing by the designated contact person for this Request for Proposal prior to the closing time. No public bid/proposal opening will be held. All proposals will be submitted based on the information contained in this Request for Proposal. Unless a specific note is made to the contrary, we will assume each Contractor’s proposal conforms to the specifications contained herein. All deviations to any part of these specifications must be submitted in writing and clearly identified. Any deviation deemed to be significant by CNB will disqualify the proposal. Failure by Contractors to identify any such deviation(s) will not in the future accrue to the disadvantage of CNB in any manner.

Subcontractors or Joint Ventures: Where two or more offerors desire to submit a single response to this RFP, they should do so on a prime-subcontractor basis rather than as a joint venture or informal team. CNB will contract only with the Contractor and expects the Contractor to perform the work. Should the Contractor propose to employ a Subcontractor, the request must be made in writing to CNB. The Nation must approve in writing any person, firm or party proposed by the bidder to award a subcontract. CNB, in giving such acceptance, assumes no responsibility in connection with the terms of the Subcontractor and their performance will be the responsibility of the Contractor. All Contractors who determine a need for subcontracting must state so in the initial proposal.

Cost of Submitting Proposal: All costs in connection with the preparation and submission of this proposal will be paid by the Contractor. All proposals submitted in response to this RFP become the property of CNB.

Confidentiality: It is understood any information submitted to the Contractor by CNB in respect to this Request for Proposal embodies certain proprietary information and is loaned to the Contractor on a confidential basis. Any information acquired at CNB or otherwise relating to processes belonging to CNB incorporated into this Request for Proposal shall be kept confidential. The Contractor agrees not to use in any unauthorized manner or communicate to others any such confidential items without the prior written consent of CNB and will undertake such measures as are necessary to require its employees and all approved Subcontractors or Joint Ventures to maintain complete confidentiality.

Debarment: By submitting a response to this Request for Proposal, the Contractor certifies to the best of their knowledge and belief that the Contractor, the firm, or any of its principals are not presently debarred, suspended, or proposed for debarment by any federal, state, local or tribal entity. This certification is a material representation of fact upon which reliance was placed when making award. If it is later determined the Contractor rendered an erroneous certification, in addition to other remedies available to CNB or its entities, CNB may terminate the contract resulting from this Request for Proposal for default.

Verification of Scope of Work: Each Contractor must inform themselves fully of the Scope of Work and all terms and conditions in this Request for Proposal. Failure to do so will not relieve a successful Contractor of his obligation to carry out the provisions of this contract. All applicable laws and ordinances, and the rules and regulations of all authorities having jurisdiction over this project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though written out in full. Insofar as possible, the offeror, in performing work under this contract, will employ such methods or means as will not cause any interruption of or interference with the work of CNB

Insurance Requirements: Contractor will carry or cause to be carried and maintained in force throughout the entire term of this Agreement insurance coverage as described below with insurance companies acceptable to CNB. The limits set forth below are minimum limits and will not be construed to limit Contractor's liability. All costs and deductible amounts will be for the sole account of Contractor.

(A)Worker's Compensation insurance complying with the laws of the State or States having jurisdiction over each employee, whether or not Contractor is required by such laws to maintain such insurance, and Employer's Liability with limits of $500,000 each accident, $500,000 disease each employee, and $500,000 disease policy limit.

(B)Commercial or Comprehensive General Liability insurance on an occurrence form with a combined single limit of $1,000,000 each occurrence, and annual aggregates of $2,000,000, for bodily injury and property damage, including coverage for blanket contractual liability, broad form property damage, personal injury liability, independent contractors, products/completed operations, and when applicable the explosion, collapse and underground exclusion will be deleted.

(C)Automobile Liability insurance with a combined single limit of $1,000,000 each occurrence for bodily injury and property damage to include coverage for all owned, non-owned, and hired vehicles.

(D)Professional Liability insurance with a combined single limit of $1,000,000.00 each occurrence.

In each of the above described policies, Contractor agrees to waive and will require its insurers to waive any rights of subrogation or recovery they may have against CNB its parent, subsidiary, or affiliated companies.

Under the policies described in (B), (C) and (D) above, CNB its parent, subsidiary and affiliated companies will be named as additional insured. The policies described in (B), (C) and (D) above will include the following “other insurance” amendment: “This insurance is primary insurance with respect to CNB its parent, subsidiary and affiliated companies, and any other insurance maintained by CNB its parent, subsidiary or affiliated companies is excess and not contributory with this insurance.”

At least ten (10) days prior to the start of service, Contractor will deliver to CNB certificates of insurance on an ACORD 25 or 25S form evidencing the existence of the insurance coverage required above. In the event coverage is denied or reimbursement of a properly presented claim is disputed by the carrier for insurance provided in subsections (A) through (D) above, Contractor shall, upon written request, provide CNB with a certified copy of the involved insurance policy or policies within ten (10) business days of receipt of such request.