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REQUEST FOR PROPOSAL

RFP COVER SHEET

Administrative Information

Title of RFP Temporary Staffing Services RFP Number RFP1115005065

Agency Iowa Department of Administrative Services (DAS)Number of years of the initial term of the contract 2 Number of possible annual extensions 2Available to Political Subdivisions? NoState Issuing Officer:

Nancy WheelockPhone: 515-725-2268Fax: 515-725-0038E-mail: [email protected]

Mailing Address:Iowa Department of Administrative ServicesHoover State Office Building, Level 31305 East Walnut StreetDes Moines, IA 50319-0105

PROCUREMENT TIMETABLE—Event or Action Date/Time (Central Time)State Posts Notice of RFP on TSB website July 2, 2015State Issues RFP July 10, 2015RFP written questions, requests for clarification, and suggested changes from Respondents due July 17, 2015

Follow-up RFP written questions, requests for clarification, and suggested changes from Respondents due (no questions accepted or responded to after this date)

July 24, 2015

Proposals Due July 31, 2015/2:00 P.M.Relevant WebsitesInternet website where Addenda to this RFP will be posted: http://bidopportunities.iowa.govInternet website where contract terms and conditions are posted: https://das.iowa.gov/sites/default/files/procurement/pdf/51415%20terms_services.pdf

Number of Copies of Proposals Required to be Submitted: 1 Original, 1 Digital, & 2 CopiesFirm Proposal TermsThe minimum number of days following the deadline for submitting proposals that the Respondent guarantees all proposal terms, including price, will remain firm is 120 Days.

RFP1115005065 – Temporary Staffing Services 1

http://bidopportunities.iowa.gov/

SECTION 1 INTRODUCTION

1.1 PurposeThe purpose of this Request for Proposals (RFP) is to solicit proposals from Responsible Respondents to provide the goods and/or services identified on the RFP cover sheet and further described in Sections 4 and 5 of this RFP to the Agency identified on the RFP cover sheet. The Agency intends to award a Contract(s) beginning and ending on the dates listed on the RFP cover sheet, and the Agency, in its sole discretion, may extend the Contract(s) for up to the number of annual extensions identified on the RFP cover sheet.

1.2 DefinitionsFor the purposes of this RFP and the resulting contract, the following terms shall mean:

“Agency” means the agency identified on the RFP cover sheet that is issuing the RFP and any other agency that purchases from the Contract.

“Contract” means the contract(s) entered into with the successful Contractor(s) as described in Section 6.1.

“Contractor” means the awarded business/person to provide the contractual services agreed upon.

“General Terms and Conditions” shall mean the General Terms and Conditions for Services Contracts as referenced on the RFP cover page.

“Payrolling” means an arrangement in which a company chooses workers, but asks an agency to organize their pay and to prepare all the official documents needed when hiring workers

“Proposal” means the Respondent’s proposal submitted in response to the RFP.

“Respondent” means the company, organization or other business entity submitting a proposal in response to this RFP.

“Responsible Contractor” means a Contractor that has the capability in all material respects to perform the specifications of the Contract. In determining whether a Contractor is a Responsible Contractor, the Agency may consider various factors including, but not limited to, the Contractor’s competence and qualifications to provide the goods or services requested, the Contractor’s integrity and reliability, the past performance of the Contractor and the best interest of the Agency and the State.

“Responsive Proposal” means a Proposal that complies with the material provisions of this RFP.

“RFP” means this Request for Proposals and any attachments, exhibits, schedules or addenda hereto.


“State” means the State of Iowa, the Agency identified on the Contract Declarations & Execution Page(s), and all state agencies, boards, and commissions, and any political subdivisions making purchases from the Contract as permitted by this RFP.

“STTA” means Short-Term Temporary Assignment as it relates to all temporary staffing positions, subject to prior review from DAS, with a limitation of 780 hours within a fiscal year. These do not include Information Technology positions, however the Office of the Chief Information Officer may grant an exception.

“TPMA” means Temporary Project Management Assignment as it relates to temporary staffing for limited project-based assignments, subject to prior review from DAS, with a limitation of 18 consecutive months within a 24 months period. These do not include Information Technology, administrative support, blue collar or other operational work that is required to carry out daily or routine activities. The Office of the Chief Information Officer may grant an exception to include Information Technology work.

1.3 Overview of the RFP ProcessContractors will be required to submit their Proposals in hardcopy and on digital media (i.e. CD, USB drive, etc.). It is the Agency’s intention to evaluate Proposals from all Responsible Contractors that submit timely Responsive Proposals, and award the Contract(s) in accordance with Section 5, Evaluation and Selection.

1.4 ObjectivesThis RFP is designed to provide Respondents with the information necessary for the preparation of competitive Proposals. The RFP process is for the Agency’s benefit and is intended to provide the Agency with competitive information to assist in the selection process. It is not intended to be comprehensive. Each Contractor is responsible for determining all factors necessary for submission of a comprehensive Proposal.

1.5 BackgroundThe Department of Administrative Services—Human Resources Enterprise (DAS-HRE) is soliciting proposals, through a formal competitive selection process, from temporary staffing companies to provide temporary staff to all State of Iowa Executive Branch agencies located throughout the state of Iowa for specific STTA job titles (780 hour positions) and Temporary Project Management Placement (TPMA) assignments (up to 18 months positions) as defined in Section 4.1. Additionally, each Respondent is requested to provide the firm fixed mark-up rate that it will utilize to price job titles not specifically listed in this RFP as explained in the Attachment 4. A service contract will be awarded to the Respondent who best meets the criteria set out in this RFP.

The contract will be for a period of two years commencing September 1, 2015 and concluding August 31, 2017. However, this Contract may be annually renewable without competition, for a period not to exceed an additional two years, subject to mutual agreement by both parties.

State of Iowa Executive Branch agencies covered by this Request for Proposals (RFP) are identified in Attachment 5. State agencies will be encouraged to utilize this contract as their primary source for both STTA and TPMA; however, this is not an exclusive contract for STTA


although TPMA assignments are exclusive to the contract resulting from this RFP. Information Technology assignments approved by the Office of the Chief Information Officer are not exclusive to the contract resulting from this RFP.

By submitting a proposal, the Respondent represents that it has become thoroughly familiar with the work required under this RFP and that it is fully capable of providing both the quantity and the quality of referrals that will achieve the DAS-HRE objectives for this Contract.

The State of Iowa has contracted for temporary staffing services since 1991. Billing amounts and hours for the past four fiscal years are detailed in the following tables:

Fiscal Year Billed Amount Hours BilledFY 2012 $614,925 31,486FY 2013 $1,415,245 84,348FY 2014 $2,973,500 129,760

FY 2015 YTD $2,778,391 122,172

Title Hours Billed Amount BilledAccount Manager 396 $ 16,984Accounting 4,172 $ 117,439Accounts Payable 1,157 $ 6,880Administrative Assistant 10,301 $ 190,859Administrative Assistant 2 720 $ 7,852Administrative Executive 280 $ 5,236Advanced Typist 1,849 $ 28,202Analyst 3,050 $ 96,601Auto Service 3,358 $ 57,724Claims Examiner 1,700 $ 106,726Clerk 38,963 $ 648,780Collections 3,066 $ 67,763Compliance Officer 6,457 $ 266,105Confidential Informant 1,371 $ 17,826Consultant 5,849 $ 177,593Counselor 191 $ 8,061Customer Service 1,175 $ 22,370Data Entry 13,963 $ 279,794Educator 105 $ 5,076Environmental Tech Salary $ 54,970Executive Officer I 1,429 $ 47,545Fingerprinting 307 $ 6,095Food Service 44 $ 202Help Desk 779 $ 15,093


Human Resources 1,634 $ 36,506Janitor 3,012 $ 43,902Mail 440 $ 7,269Maintenance 2,029 $ 33,396Management 272 $ 9,087Program Planner 826 $ 31,266Project Coordinator 2,576 $ 57,530Project Manager 422 $ 22,107Receptionist 1,147 $ 17,435Registered Nurse 737 $ 44,757Secretary 739 $ 12,625Social Work 109 $ 6,830Spirits Wholesale 1,891 $ 44,145Technician 755 $ 22,395Tourism 1,049 $ 16,195Trainer 1,246 $ 80,140Transcriptionist 118 $ 1,271Typist 2,314 $ 36,897Warehouse 174 $ 2,862GRAND TOTALS*: 122,172 $ 2,778,391

*Revenue from the State - All Departments/All Positions


SECTION 2 ADMINISTRATIVE INFORMATION

2.1 Issuing OfficerThe Issuing Officer identified in the RFP cover sheet is the sole point of contact regarding the RFP from the date of issuance until a Notice of Intent to Award the Contract is issued.

2.2 Restriction on CommunicationFrom the issue date of this RFP until a Notice of Intent to Award the Contract is issued, Respondents may contact only the Issuing Officer. The Issuing Officer will respond only to written questions regarding the procurement process. Questions related to the interpretation of this RFP must be submitted as provided in Section 2. Oral questions related to the interpretation of this RFP will not be accepted. Respondents may be disqualified if they contact any State employee other than the Issuing Officer about the RFP except that Respondents may contact the State Targeted Small Business Office on issues related to the preference for Targeted Small Businesses.

2.3 Anonymous Respondent CommunicationsPlease note that the Respondent’s sole point of contact regarding this RFP is the Issuing Officer. During the procurement process if a Respondent feels that after presenting a concern to the Issuing Officer it was not addressed, or if a Respondent wishes to present a concern and remain anonymous, they may confidentially notify a DAS Fiscal and Policy Analyst regarding their concern. The DAS Fiscal and Policy Analysts are independent third parties separate from the RFP requesting agency and Issuing Officer in order to review a Respondent’s concern.

The Fiscal and Policy Analysts may be reached at [email protected] or confidential letters may be mailed to:

DAS Fiscal and Policy AnalystsHoover Building, Third Floor1305 E. Walnut Des Moines, IA 50319-0105

2.4 Downloading the RFP from the InternetThe RFP and any addenda to the RFP will be posted at http://bidopportunities.iowa.gov/ . The Respondent is advised to check the website periodically for addenda to this RFP, particularly if the Respondent downloaded the RFP from the Internet as the Respondent may not automatically receive addenda. It is the Respondent's sole responsibility to check daily for addenda to posted documents.

2.5 Procurement TimetableThe dates provided in the procurement timetable on the RFP cover sheet are provided for informational and planning purposes. The Agency reserves the right to change the dates. If the Agency changes any of the deadlines for Respondent submissions, the Agency will issue an addendum to the RFP.


http://bidopportunities.iowa.gov/

mailto:[email protected]

2.6 Questions, Requests for Clarification, and Suggested Changes Respondents are invited to submit written questions and requests for clarifications regarding the RFP. Respondents may also submit suggestions for changes to the specifications of this RFP. The questions, requests for clarifications, or suggestions must be in writing and received by the Issuing Officer before the date and time listed on the RFP cover sheet. Oral questions will not be permitted. If the questions, requests for clarifications, or suggestions pertain to a specific section of the RFP, Respondent shall reference the page and section number(s). The Agency will send written responses to questions, requests for clarifications, or suggestions received from Respondents. The Agency’s written responses will become an addendum to the RFP. If the Agency decides to adopt a suggestion that modifies the RFP, the Agency will issue an addendum to the RFP.

The Agency assumes no responsibility for oral representations made by its officers or employees unless such representations are confirmed in writing and incorporated into the RFP through an addendum.

2.7 Amendment to the RFP The Agency reserves the right to amend the RFP at any time using an addendum. The Respondent shall acknowledge receipt of all addenda in its Proposal. If the Agency issues an addendum after the due date for receipt of Proposals, the Agency may, in its sole discretion, allow Respondents to amend their Proposals in response to the addendum.

2.8 Amendment and Withdrawal of ProposalThe Respondent may amend or withdraw and resubmit its Proposal at any time before the Proposals are due. The amendment must be in writing, signed by the Respondent and received by the time set for the receipt of Proposals. Electronic mail and faxed amendments will not be accepted. Respondents must notify the Issuing Officer in writing prior to the due date for Proposals if they wish to completely withdraw their Proposals.

2.9 Submission of ProposalsThe Agency must receive the Proposal at the Issuing Officer’s address identified on the RFP cover sheet before the “Proposals Due” date listed on the RFP cover sheet. This is a mandatory requirement and will not be waived by the Agency. Any Proposal received after this deadline will be rejected and returned unopened to the Respondent. Respondents mailing Proposals must allow ample mail delivery time to ensure timely receipt of their Proposals. It is the Respondent’s responsibility to ensure that the Proposal is received prior to the deadline. Postmarking by the due date will not substitute for actual receipt of the Proposal. Electronic mail and faxed Proposals will not be accepted.

Respondents must furnish all information necessary to enable the Agency to evaluate the Proposal. Oral information provided by the Respondent shall not be considered part of the Respondent's Proposal unless it is reduced to writing.

2.10 Proposal OpeningThe Agency will open Proposals after the deadline for submission of Proposals has passed. The Proposals will remain confidential until the Evaluation Committee has reviewed all of the Proposals submitted in response to this RFP and the Agency has issued a Notice of Intent to Award a Contract. See Iowa Code Section 72.3. However, the names of Respondents who


submitted timely Proposals will be publicly available after the Proposal opening. The announcement of Respondents who timely submitted Proposals does not mean that an individual Proposal has been deemed technically compliant or accepted for evaluation.

2.11 Costs of Preparing the ProposalThe costs of preparation and delivery of the Proposal are solely the responsibility of the Respondent.

2.12 No commitment to ContractThe Agency reserves the right to reject any or all Proposals received in response to this RFP at any time prior to the execution of the Contract. Issuance of this RFP in no way constitutes a commitment by the Agency to award a contract.

2.13 Rejection of ProposalsThe Agency may reject outright and not evaluate a Proposal for reasons including without limitation:

2.13.1 The Respondent fails to deliver the cost proposal in a separate envelope.

2.13.2 The Respondent acknowledges that a mandatory specification of the RFP cannot be met.

2.13.3 The Respondent's Proposal changes a material specification of the RFP or the Proposal is not compliant with the mandatory specification of the RFP.

2.13.4 The Respondent’s Proposal limits the rights of the Agency.

2.13.5 The Respondent fails to include information necessary to substantiate that it will be able to meet a specification of the RFP as provided in Section 3 of the RFP.

2.13.6 The Respondent fails to timely respond to the Agency's request for information, documents, or references.

2.13.7 The Respondent fails to include proposal security, if required.

2.13.8 The Respondent fails to include any signature, certification, authorization, stipulation, disclosure or guarantee as provided in Section 3 of this RFP.

2.13.9 The Respondent presents the information requested by this RFP in a format inconsistent with the instructions of the RFP or otherwise fails to comply with the specifications of this RFP.

2.13.10 The Respondent initiates unauthorized contact regarding the RFP with state employees.

2.13.11 The Respondent provides misleading or inaccurate responses.

2.13.12 The Respondent’s Proposal is materially unbalanced.


2.13.13 There is insufficient evidence (including evidence submitted by the Respondent and evidence obtained by the Agency from other sources) to satisfy the Agency that the Respondent is a Responsive Contractor.

2.13.14 The Respondent alters the language in Attachment 1, Certification Letter or Attachment 2, Authorization to Release Information letter.

2.14 Nonmaterial VariancesThe Agency reserves the right to waive or permit cure of nonmaterial variances in the Proposal if, in the judgment of the Agency, it is in the State’s best interest to do so. Nonmaterial variances include but are not limited to: minor failures to comply that do not affect overall responsiveness, that are merely a matter of form or format, that do not change the relative standing or otherwise prejudice other Contractors, that do not change the meaning or scope of the RFP, or that do not reflect a material change in the specifications of the RFP. In the event the Agency waives or permits cure of nonmaterial variances, such waiver or cure will not modify the RFP specifications or excuse the Respondent from full compliance with RFP specifications or other Contract specifications if the Respondent is awarded the Contract. The determination of materiality is in the sole discretion of the Agency.

2.15 Reference ChecksThe Agency reserves the right to contact any reference to assist in the evaluation of the Proposal, to verify information contained in the Proposal and to discuss the Respondent’s qualifications and the qualifications of any subcontractor identified in the Proposal.

2.16 Information from Other Sources The Agency reserves the right to obtain and consider information from other sources concerning a Respondent, such as the Respondent’s capability and performance under other contracts, the qualifications of any subcontractor identified in the Proposal, the Respondent’s financial stability, past or pending litigation, and other publicly available information.

2.17 Verification of Proposal ContentsThe content of a Proposal submitted by a Respondent is subject to verification. If the Agency determines in its sole discretion that the content is in any way misleading or inaccurate, the Agency may reject the Proposal.

2.18 Proposal Clarification ProcessThe Agency reserves the right to contact a Respondent after the submission of Proposals for the purpose of clarifying a Proposal. This contact may include written questions, interviews, site visits, a review of past performance if the Respondent has provided goods and/or services to the State or any other political subdivision wherever located, or requests for corrective pages in the Respondent’s Proposal. The Agency will not consider information received from or through Respondent if the information materially alters the content of the Proposal or the type of goods and/or services the Respondent is offering to the Agency. An individual authorized to legally bind the Respondent shall sign responses to any request for clarification. Responses shall be submitted to the Agency within the time specified in the Agency's request. Failure to comply with requests for additional information may result in rejection of the Proposal.


2.19 Disposition of ProposalsAll Proposals become the property of the State and shall not be returned to the Respondent. Once the Agency issues a Notice of Intent to Award the Contract, the contents of all Proposals will be in the public domain and be available for inspection by interested parties, except for information for which Respondent properly requests confidential treatment according to exceptions provided in Iowa Code Chapter 22 or other applicable law.

2.20 Public Records and Requests for Confidential TreatmentThe Agency will treat all information submitted by a Respondent as public records unless the Respondent properly requests that specific parts of the Proposal be treated as confidential at the time of submitting the Proposal. The Agency’s release of public records is governed by Iowa Code Chapter 22. Respondents are encouraged to familiarize themselves with Chapter 22 before submitting a Proposal. The Agency will copy and produce public records as required to comply with Chapter 22 or other applicable law.

Any request for confidential treatment of specific information must be included in the transmittal letter with the Respondent’s Proposal. In addition, the Respondent must enumerate the specific grounds in Iowa Code Chapter 22 or other applicable law which support treatment of the material as confidential and explain why disclosure is not in the best interest of the public. Pricing information cannot be considered confidential information. The request for confidential treatment of information must also include the name, address, and telephone number of the person authorized by the Respondent to respond to any inquiries by the Agency concerning the confidential status of the materials.

Any Proposal submitted which contains information for which Respondent is requesting Confidential treatment must be conspicuously marked by the Respondent on the outside as containing confidential information, and each page upon which confidential information appears must be conspicuously marked as containing confidential information. Failure to properly identify specific information as confidential shall relieve Agency or State personnel from any responsibility if confidential information is viewed by the public or a competitor, or is in any way released. If Respondent identifies its entire Proposal as confidential, the Agency may reject the Proposal as non-responsive.

If the Respondent designates any portion of its Proposal as confidential, the Respondent must submit a copy labeled “Public Copy” from which the confidential information has been excised. This excised copy is in addition to the number of copies requested in Section 3 of this RFP. The confidential material must be excised in such a way as to allow the public to determine the general nature of the material removed and to retain as much of the Proposal as possible.

If Agency receives a request for information that includes information Respondent has marked as confidential, Agency will give written notice to the Respondent at least seven calendar days prior to the release of the information to allow the Respondent to seek injunctive relief pursuant to Section 22.8 of the Iowa Code. After seven calendar days, the Agency will release the information marked confidential unless a court of competent jurisdiction determines the information is confidential under Iowa Code Chapter 22 or other applicable law.

The Respondent’s failure to request confidential treatment of material will be deemed a waiver of any right to confidentiality the Respondent may have had.


2.21 Copyright PermissionBy submitting a Proposal, the Respondent agrees that the Agency may copy the Proposal for purposes of facilitating the evaluation of the Proposal or to respond to requests for public records. By submitting a Proposal, the Respondent consents to such copying and warrants that such copying will not violate the rights of any third party. The Agency shall have the right to use ideas or adaptations of ideas that are presented in Proposals.

2.22 Release of ClaimsBy submitting a Proposal, the Respondent agrees that it will not bring any claim or cause of action against the Agency based on any misunderstanding concerning the information provided in the RFP or concerning the Agency's failure, negligent or otherwise, to provide the Respondent with pertinent information in this RFP.

2.23 Respondent Presentations Respondents may be required to make a presentation. The determination as to need for presentations, and the location, order, and schedule of the presentations is at the sole discretion of the Agency. The presentation may include slides, graphics and other media selected by the Respondent to illustrate the Respondent’s Proposal. The presentation shall not materially change the information contained in the Proposal.

2.24 Evaluation of Proposals SubmittedProposals that are timely submitted and are not rejected will be reviewed in accordance with Section 6 of the RFP. The Agency will not necessarily award a Contract resulting from this RFP to the Respondent offering the lowest cost. Instead, the Agency will award the Contract(s) to the Responsible Respondent(s) whose Responsive Proposal the agency believes will provide the best value to the Agency and the State.

2.25 Award Notice and Acceptance PeriodNotice of Intent to Award the Contract(s) will be sent to all Respondents submitting a timely Proposal and may be posted at the website shown on the RFP cover sheet. Negotiation and execution of the Contract(s) shall be completed no later than thirty (30) days from the date of the Notice of Intent to Award or such other time as designated by Agency. If the successful Respondent fails to negotiate and deliver an executed Contract by that date, the Agency, in its sole discretion, may cancel the award and award the Contract to the remaining Respondent the Agency believes will provide the best value to the State.

2.26 No Contract Rights until ExecutionNo Contractor shall acquire any legal or equitable rights regarding the Contract unless and until the Contract has been fully executed by the successful Contractor and the Agency.

2.27 Choice of Law and ForumThis RFP and the Contract shall be governed by the laws of the State of Iowa. Changes in applicable laws and rules may affect the award process or the Contract. Respondents are responsible for ascertaining pertinent legal requirements and restrictions. Any and all litigation or actions commenced in connection with this RFP shall be brought in the appropriate Iowa forum.


2.28 PreferenceBy virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the state of Iowa. Preference application: Tied responses to solicitations, regardless of the type of solicitation, are decided in favor of Iowa products and Iowa-based businesses per 11 IAC 117.5(1)-(2), 117.12(4).

2.29 Restrictions on Gifts and ActivitiesIowa Code Chapter 68B restricts gifts which may be given or received by State employees and requires certain individuals to disclose information concerning their activities with State government. Respondents are responsible to determine the applicability of this Chapter 68B to their activities and to comply with its requirements. In addition, pursuant to Iowa Code section 722.1, it is a felony offense to bribe or attempt to bribe a public official.

2.30 No Minimum Guaranteed The Agency does not guarantee any minimum level of purchases under the Contract.

2.31 AppealsA Respondent whose proposal has been timely filed and who is aggrieved by the award of the department may appeal the decision by filing a written notice of appeal (in accordance with 11—Chapter 117.20, Iowa Administrative Code) to: The Director of the Department of Administrative Services, Hoover State Office Building, Des Moines, Iowa 50319-0104 and a copy to the Issuing Officer. The notice must be filed within five days of the date of the Intent to Award notice issued by the Department, exclusive of Saturdays, Sundays, and legal state holidays. The written notice may be filed by fax transmission to 515.725.0120. The notice of appeal must clearly and fully identify all issues being contested by reference to the page, section and line number(s) of the RFP and/or the notice of Intent to Award. A notice of appeal may not stay negotiations with the apparent successful Contractor.


SECTION 3 FORM AND CONTENT OF PROPOSALS

3.1 InstructionsThese instructions describe and define the format and content of the Proposal. They are designed to facilitate a uniform review process. Failure to adhere to the Proposal format may result in the rejection of the Proposal.

3.1.1 The Proposal shall be typewritten on 8.5" x 11" paper and sent in sealed envelope. The Proposal shall be divided into two parts: (1) the Technical Proposal and (2) the Cost Proposal. The Technical Proposal and the Cost Proposal shall be labeled as such and placed in separate sealed envelopes. The envelopes shall be labeled with the following information:

RFP Number: RFP1115005065RFP Title: Temporary Staffing Services Nancy WheelockIowa Department of Administrative ServicesHoover State Office Building, Level 31305 East Walnut StreetDes Moines, IA 50319-0105

The Agency shall not be responsible for misdirected packages or premature opening of Proposals if a Proposal is not properly labeled.

3.1.2 1 Original, 1 Digital, & 2 Copies of the Technical Proposal shall be timely submitted to the Issuing Officer in a sealed envelope. The Cost Proposal shall be submitted in a separate sealed envelope.

Technical Proposal Envelope ContentsOriginal Technical Proposal and any copiesPublic Copy (if submitted) Technical Proposal on digital media Electronic Public Copy on same digital media (if submitted)

Cost Proposal Envelope ContentsOriginal Cost Proposal Cost Proposal on digital media

3.1.3 If the Respondent designates any information in its Proposal as confidential pursuant to Section 2, the Respondent must also submit one (1) copy of the Proposal from which confidential information has been excised as provided in Section 2 and which is marked “Public Copy”.

3.1.4 Proposals shall not contain promotional or display materials.

3.1.5 Attachments shall be referenced in the Proposal.

3.1.6 If a Respondent proposes more than one solution to the RFP specifications, each shall be labeled and submitted separately and each will be evaluated separately.


3.2 Technical Proposal The following documents and responses shall be included in the Technical Proposal in the order given below:

Exhibit 1 - Transmittal Letter (Required)An individual authorized to legally bind the Respondent shall sign the transmittal letter. The letter shall include the Respondent’s mailing address, electronic mail address, fax number, and telephone number. Any request for confidential treatment of information shall be included in the transmittal letter in accordance with the provisions of Section 2.19.

Exhibit 2 - Executive Summary The Respondent shall prepare an executive summary and overview of the goods and/or services it is offering, including all of the following information: Statements that demonstrate that the Respondent has read and understands the terms and

conditions of the RFP including the contract provisions in Section 7. An overview of the Respondent’s plans for complying with the specifications of this RFP. Any other summary information the Respondent deems to be pertinent.

Exhibit 3 - Firm Proposal TermsThe Respondent shall guarantee in writing the goods and/or services offered in the Proposal are currently available and that all Proposal terms, including price, will remain firm 120 days following the deadline for submitting Proposals.

Exhibit 4 - Respondent Background Information The Respondent shall provide the following general background information: Does your state have a preference for instate Contractors? Yes or No. If yes, please include the

details of the preference. Name, address, telephone number, fax number and e-mail address of the Respondent

including all d/b/a’s or assumed names or other operating names of the Respondent and any local addresses and phone numbers.

Form of business entity, i.e., corporation, partnership, proprietorship, or LLC. Copy of W-9. State of incorporation, state of formation, or state of organization. The location(s) including address and telephone numbers of the offices and other facilities

that relate to the Respondent’s performance under the terms of this RFP. Number of employees. Type of business. Name, address and telephone number of the Respondent’s representative to contact

regarding all contractual and technical matters concerning the Proposal. Name, contact information and qualifications of any subcontractors who will be involved with

this project the Respondent proposes to use and the nature of the goods and/or services the subcontractor would perform.

Respondent’s accounting firm. Awarded Contractor will be required to register to do business in Iowa before payments can

be made. For Contractor registration documents, go to:

https://das.iowa.gov/procurement/vendors/how-do-business


Exhibit 5 - Experience The Respondent must provide the following information regarding its experience: Number of years in business. Number of years of experience with providing the types of services sought by the RFP. The level of technical experience in providing the types of services sought by the RFP. A list of all goods and/or services similar to those sought by this RFP that the Respondent has

provided to other businesses or governmental entities. Letters of reference from three (3) previous or current customers or clients knowledgeable of

the Respondent’s performance in providing goods and/or services similar to the goods and/or services described in this RFP and a contact person and telephone number for each reference.

Exhibit 6 - Financial Information The Respondent must provide the following financial information: One of the following:

1). Audited financial statements for the last three years 2). Profit & loss statements 3). Dun & Bradstreet Reports 4). Tax returns

A minimum of three (3) financial references.

Exhibit 7 - Termination, Litigation, and Debarment The Respondent must provide the following information for the past five (5) years: Has the Respondent had a contract for goods and/or services terminated for any reason? If

so, provide full details regarding the termination. Describe any damages or penalties assessed against or dispute resolution settlements entered

into by Respondent under any existing or past contracts for goods and/or services. Provide full details regarding the circumstances, including dollar amount of damages, penalties and settlement payments.

Describe any order, judgment or decree of any Federal or State authority barring, suspending or otherwise limiting the right of the Respondent to engage in any business, practice or activity.

A list and summary of all litigation or threatened litigation, administrative or regulatory proceedings, or similar matters to which the Respondent or its officers have been a party.

Any irregularities discovered in any of the accounts maintained by the Respondent on behalf of others. Describe the circumstances and disposition of the irregularities. Failure to disclose these matters may result in rejection of the Proposal or termination of any subsequent Contract. The above disclosures are a continuing requirement of the Respondent. Respondent shall provide written notification to the Agency of any such matter commencing or occurring after submission of a Proposal, and with respect to the successful Contractor, following execution of the Contract.

Exhibit 8 - Criminal History and Background Investigation The Respondent hereby explicitly authorizes the Agency to conduct criminal history and/or other background investigation(s) of the Respondent, its officers, directors, shareholders, partners and managerial and supervisory personnel who will be involved in the performance of the Contract.

Exhibit 9 - Acceptance of Terms and Conditions


By submitting a Proposal, Respondent acknowledges its acceptance of the terms and conditions of the RFP and the General Terms and Conditions without change except as otherwise expressly stated in its Proposal. If the Respondent takes exception to a provision, it must identify it by page and section number, state the reason for the exception, and set forth in its Proposal the specific RFP or General Terms and Conditions language it proposes to include in place of the provision. If Respondent’s exceptions or responses materially alter the RFP, or if the Respondent submits its own terms and conditions or otherwise fails to follow the process described herein, the Agency may reject the Proposal, in its sole discretion.

Exhibit 10 - Certification LetterThe Respondent shall sign and submit with the Proposal, the document included as Attachment #1 (Certification Letter) in which the Respondent shall make the certifications included in Attachment #1.

Exhibit 11 - Authorization to Release Information The Respondent shall sign and submit with the Proposal the document included as Attachment #2 (Authorization to Release Information Letter) in which the Respondent authorizes the release of information to the Agency.

Exhibit 12 - Mandatory Technical SpecificationsThe Respondent shall answer whether or not it will comply with each specification in Section 5 of the RFP. Where the context requires more than a yes or no answer or the specific specifications so indicates, Respondent shall explain how it will comply with the specification. Merely repeating the Section 5.1 specifications may be considered non-responsive and result in the rejection of the Proposal. Proposals must identify any deviations from the specifications of the RFP or specifications the Respondent cannot satisfy. If the Respondent deviates from or cannot satisfy the specification(s) of this section, the Agency may reject the Proposal.

Exhibit 13 –Scored SpecificationsProvide detailed description of proposed solution and how it meets the specifications identified in Section 5.2 to include any and all available and anticipated features and abilities of the system.

Exhibit 14 - Addendums Provide signed copy of posted RFP addendums with your proposal.

3.3 Cost ProposalThe Respondent shall provide its cost proposal in a separately sealed envelope for the proposed goods and/or services. All prices are quoted pursuant to the terms and conditions of this RFP. Respondent’s Cost Proposal shall include an all-inclusive, itemized, total cost in U.S. Dollars (including all travel, expenses, etc. in prices) for the proposed services. All pricing to be FOB Destination, freight cost, and all expenses included; and based on Net 60 Days Payment Terms. Cost proposals must include the following: Provide any one time and recurring costs. Recurring costs are to be for a 4 year period to

cover initial term and extensions to contract. Any other costs associated with proposed services. Pricing for job titles not found in Attachment 4.


3.3.1 Payment TermsPer Iowa Code § 8A.514 the State of Iowa is allowed sixty (60) days to pay an invoice submitted by a Contractor. What discount will you give for payment in 15 days? What discount will you give for payment in 30 days?


SECTION 4 SCOPE OF WORK

The Contractor shall provide statewide referrals under this Contract on an as needed basis for both temporary office clerical, technician, blue collar, general labor (STTA) and project oriented or professional level (TPMA) assignments in accordance with the defined performance criteria as set forth in this section. This contract will not cover Information Technology positions; and as such temporary staffing request for Information Technology positions shall not be satisfied by usage of this contract. The Office of the Chief Information Officer may grant an exception for Information Technology positions.

4.1 Limit of Hours Worked 4.1.1 The Contractor shall limit the total number of hours that any one temporary staff person

in an STTA position is assigned to the state to 780 hours in any fiscal year. The Contractor shall not "payroll" employees on behalf of any State agency. The Contractor will not honor any request by a State agency to place any individual person beyond 780 hours per fiscal year, regardless of whether their placement with the State involves more than one assignment within that State agency or in combination with a placement with another State agency.

4.1.2 The Contractor shall limit the total number of months that any one temporary staff person in a TPMA assignment is assigned to the state to 18 consecutive months in a two-year period. If an individual is assigned to a TPMA position which ends prior to the 18 month limit, that same individual may be assigned to another TPMA position with eligibility to satisfy the full 18 months on a new assignment.

4.2 General Specifications

4.2.1 The Contractor shall recruit, hire and refer temporary staff to provide the services requested by state agencies. Such referrals will be subject to approval by the state agency requesting the services. The Contractor shall make staff placement decisions based on specific criteria provided by the requesting state agency prior to or at the time of the request.

4.2.2 The Contractor shall be expected to provide temporary staff qualified for the position and level requested. The Contractor’s referrals assigned to the state under this Contract shall be subject to and satisfy the specified work rules, regulations, and policies of the requesting state agency.

4.2.3 The Contractor shall make every reasonable effort to honor all requests. The Contractor agrees to honor staffing requests given prior notice by the requesting State agency. Minimum notice shall be two hours for STTA positions, except that 24 hours’ notice will be the minimum for more technical or higher skilled placements. For TPMA assignments, Contractor will follow the requirements as set forth in this section with the exception that two additional weeks will be allowed to recruit and


provide candidates for hard to fill vacancies. Contractor will keep the Agency apprised of recruitment efforts and results. The Agency must approve placements and pay rates.

4.2.4 The Contractor shall provide information to the state agency about the referral's qualifications, capabilities, skills, and availability relevant to the state agency's request for services. The Contractor shall verify the qualifications of all temporary staff prior to referral to the state agency for consideration. It is the sole responsibility of the Contractor to assess skill level and competence and/or providing adequate training to temporary staff provided under any resulting contract.

4.2.5 The Contractor shall, at a minimum and without additional charge, conduct reference checks for all placements. Background checks shall be performed at no additional charge as required by the state agency. Background checks required by departments could include, but are not limited to, credit history and criminal background checks. Contractor must request and be provided a copy of the agency policy prior to conducting background checks, unless it is the policy of the Contractor to perform background checks on their personnel.

If the state agency requesting the placement requires drug testing, the Contractor will comply with the requesting State agencies’ policy guidelines. If the Contractor utilizes drug testing as part of its own screening process, the placement should not be made before all screening procedures are completed. The Contractor will comply with all applicable drug testing laws.

4.2.6 The Contractor shall consider the length of service requested by the state agency and make all efforts to provide referrals that will be available throughout the period of time requested.

4.2.7 The Contractor shall make every reasonable effort to reassign the same previously assigned staff person when breaks interrupt portions of a project for which a staffing request had been ordered by the state agency.

4.2.8 The Contractor will be required to provide, as necessary, referrals willing to work flexible hours to travel, and to provide services in various locations and counties in the state of Iowa as required by the job specifications.

4.2.9 The Contractor may consider referrals from the state agency for TPMA assignments, but the Contractor is not required to employ the individual referred by the agency.

4.2.10 The Contractor shall be responsible for hiring, disciplining, firing, and compensating its employees who provide services under the Contract.

4.2.11 The Contractor shall comply with all applicable laws, regulations and orders including, but not limited to equal employment opportunity laws and regulations, the Equal Pay Act, the Fair labor Standards Act, the Immigration Reform and Control Act, and the Drug Free Workplace Act.


4.2.12 The Contractor will be required to maintain insurance coverage during the period of the Contract for workers' compensation, general liability, employer liability, professional liability, and fiduciary plans. See Section 7 Insurance for minimum coverage amounts. The state of Iowa and the Agency will be named as additional insured's.

4.2.13 Contractor shall cancel the placement of any incompetent or incorrigible employees when so determined by the State, and such person shall be prohibited from returning to their previous positions without the written consent of the State.

4.2.14 The Contractor’s proposed methods of performance shall be incorporated into this Contract and shall be binding.

4.2.15 The exact timing, scheduling, and location of the Contractor’s services shall be mutually agreed to by the requesting State agency and Contractor at the time services are requested.

4.3 Compensation and Benefits

4.3.1 The Contractor shall be responsible for determining the "exempt" or "nonexempt" status for overtime compensation under applicable federal and state wage and hour laws for its employees who provide services under this Contract. Overtime hours worked for job titles covered by the overtime provisions of the federal Fair Labor Standards Act shall be paid by Contractor at the appropriate rate.

4.3.2 The Contractor shall maintain all necessary personnel and payroll records for all of its employees assigned to provide services under the Contract. All personnel and compensation records shall be maintained in accordance with all city, state and federal laws. Contractor also shall make all required payment for payroll taxes, worker’s compensation, unemployment compensation, FICA, and any other payments required in compliance with city, state and federal laws. The Contractor is the employer for all tax purposes.

4.3.3 The Contractor shall process and pay all wages to its employees assigned to provide services under this agreement. The Contractor shall be responsible for and comply with any requirements pertaining to the garnishment of its employee's wages. The Contractor shall complete, report and maintain payroll and benefit records and actual hours worked, which shall be verified by the state agency to which the employee is assigned.

4.3.4 If the Contractor is unable to find a qualified assignment employee because the requested skills or expertise are scarce or unique and require a billing rate greater than the billing range contained in the Request for Proposals, the requesting state agency, the Issuing Agency, and the Contractor may mutually agree to a revised billing rate for that specific placement only. Such agreement shall be in writing, and shall detail the revised billing rate, the circumstances requiring the revised billing rate, the rationale for the revised billing rate, and the name of the authorizing state agency representative.


4.3.5 The Contractor shall be responsible for all unemployment compensation insurance and for the handling of and payment of all claims for unemployment compensation benefits for its employees providing services under the Contract.

4.3.6 The Contractor is responsible for all workers' compensation administration and related matters. The Contractor shall also require all of its employees providing services under the Contract to sign an acknowledgment that the employee understands that for purposes of workers' compensation benefits the employee is an employee of the Contractor and not the state of Iowa, and that all workers' compensation coverage will be provided by the Contractor.

4.3.7 The Contractor will require all employees providing services under the Contract to acknowledge in writing the employee's understanding of the employment relationship, including, but not limited to, that the Contractor is the employer, that the state agency does not guarantee any particular length of service, that the state agency can discontinue the request for services at any time, and that the employee is not entitled to any state of Iowa employment benefits afforded to state of Iowa employees.

4.4 Reporting

4.4.1 The Contractor will be required to provide a monthly hours report to DAS-HRE that tracks each individual assigned to a state agency for both STTA and TPMA positions. The report should include, but is not limited to:

4.4.1.1 Hours Report – Name of the referred individual, agency placement(s) by agency name and order identifier, start date, anticipated end date, completion date, full-time or part-time hours assigned, and total hours to date. The hours report shall be:

4.4.1.1.1 Used to track the total number of hours worked within the fiscal year by an assigned individual to any state agency.

4.4.1.1.2 Due seven (7) calendar days after the last day of the month.4.4.1.1.3 Delivered electronically or by means not requiring a scheduled

meeting to the state’s temporary staffing program coordinator in DAS-HRE.

4.4.2 The Contractor will be required to provide quarterly reports on information to DAS-HRE including, but not limited to:

4.4.2.1 Placement count, hours and grand total spent4.4.2.2 Placement count, hours and amount spent by department4.4.2.3 Placement count, hours and amount spent by job title4.4.2.4 Placement count, hours and amount spent by county4.4.2.5 Number of temporary staff hired by State departments by job title and

department4.4.2.6 Such reports shall be sent to DAS-HRE no later than fifteen (15) calendar days

following the last day of the quarter reported.


Reports shall be made available on a quarterly basis as requested by state agencies. Reports may be revised upon request for DAS-HRE or the requesting agency.

4.4.3 The Contractor shall provide a grand total fiscal yearend report, using the above format, to DAS-HRE. Such report shall be sent to DAS-HRE no later than thirty (30) calendar days following the last day of State's fiscal year (June 30).

4.5 DAS-HRE Responsibilities

4.5.1 DAS-HRE will inform State agencies to detail job duties that entail the handling of cash, keys, credit cards, merchandise, negotiable instruments or other valuables and whether the job duties include the use of any vehicle in connection with the performance of the service for the State. The Contractor agrees to reinforce this provision by asking the agency representative placing the order whether the job assignment includes any of the job duties specified above.

4.6 Requesting Agency Responsibilities:The requesting state agency shall have the following responsibilities:

4.6.1 The requesting state agency will provide the Contractor with a request for services, detailing the needs of the state agency for services, including but not limited to a description of the job duties, employee qualifications criteria, and estimated length of services.

4.6.2 The requesting agency understands that the Contractor’s temporary staff are assigned based upon the particular assignment description as described by state of Iowa in the original order. The requesting agency therefore agrees that is shall not change the Contractor’s temporary staff member’s assignment without Service Provider’s prior written consent.

4.6.3 The requesting state agency will provide the Contractor's employees with a suitable workplace; necessary information, equipment, training, supplies and safety equipment; and adequate instruction, assistance, supervision, and time to perform the requested services.

4.6.4 The requesting state agency may discontinue the assignment or project at any time and require the contractor to remove its employee from the State workplace.

4.6.5 The requesting State agency may request and receive additional or replacement temporary staff from the Contractor at any time.

4.6.6 The requesting State agency shall be the final judge of the quality of services provided by Contractor and the temporary assigned staff placed by the Contractor.

4.6.7 The requesting state agency will pay the Contractor for the temporary staffing services as provided in the negotiated Agreement.

4.7 Exclusive and Non-Exclusive Rights


This Contract for TPMA staffing assignments is an exclusive contract. This Contract for STTA (780 hours or less) staffing requests is not exclusive. The Agency reserves the right to select other Contractors to provide services similar or identical to the Scope of Work described in this Section for STTA (780 hours or less) staffing requests during the term of this Contract. The DAS-HRE will promote the Contractor for which this Contract has been entered with state agencies.

4.8 Pricing and FeesIn consideration for the services provided under this Contract, compensation to the Contractor by the state agencies for its staffing services shall be as follows:

4.8.1 The Contractor shall supply temporary staff in the skill areas for which this Contract is awarded, when requested by an authorized State agency, according to the agreed upon billing ranges provided for in this Contract (see Attachment 4) STTA Job Titles: Accounting Clerk Administrative Assistant Clerk Information Technology Support Worker* Receptionist Secretary Typist Utility Office Worker Word Processor* Requires the approval of the Office of the Chief Information Officer

4.8.2 The Contractor shall supply temporary staff in the skill areas for which this Contract is awarded, when requested by an authorized State agency, according to the agreed upon billing ranges provided for in this Contract (see Attachment 4) TPMA Job Categories:

Administration Program Management Professional General Administration Professional Accounting/Finance Professional Communications Professional Engineering Professional Information Technology* Professional Insurance Professional Medical Professional Physician Professional Scientist Professional Social worker/Counselor/Rehab Professional Utilities Technical Accounting Technical Communications Technical lnspector/Technician/Surveyor Technical Medical Technical Human Services

* Requires the approval of the Office of the Chief Information Officer


4.8.3 Overtime hours worked for job titles covered by the overtime provisions of the federal Fair Labor Standards Act shall be paid by the Contractor at the appropriate rate.

4.8.4 When the Contractor is unable to find a qualified temporary assignment worker because the skills or expertise for a specific temporary assignment ordered are unusually scarce or unique and require a billing rate that is beyond the contracted billing range, the requesting State agency and Contractor may mutually agree to a revised hourly billing rate for that specific order only. When submitting its bill with the revised billing rate, the Contractor must detail the circumstances requiring the revised billing rate, the rationale for the revised billing rate, the name and phone number of the State agency representative that agreed to the rate revision and the date that agreement was received. Such agreement shall be in writing and the Contractor shall send a copy to the Agency. The Agency may revoke this contractual provision at its sole discretion, with a fifteen (15) day notice to the Contractor.

4.8.5 For job titles not addressed in the Cost Proposal, the requesting state agency and the Contractor will negotiate a base rate for the job title. Once the base rate is established, the fixed markup rate will apply to the base rate to determine the final rate paid.

4.8.6 Reimbursable Fees – The requesting state agency shall reimburse the assigned worker for any authorized expenses for the worker’s meals, lodging, mileage or other business-related or required expenses determined at the reimbursement rate for state employees applicable at the time the expense is incurred. Authorized expenses are only those expenses approved by the requesting state agency. The filing for all expense reimbursements must be submitted in accordance with the filing guidelines of the state.

4.9 InvoicingThe Contractor shall submit, on a weekly or bi-weekly basis, an invoice for services rendered in accordance with this Contract. The invoice shall comply with all applicable rules concerning payment of such claims. The Agency shall pay all approved invoices in arrears and in conformance with Iowa Code section 8A.514. The Agency may pay in less than sixty (60) days, as provided in Iowa Code section 8A.514; however, an election to pay in less than sixty (60) days shall not act as an implied waiver of the provisions of 8A.514.

Unless otherwise agreed in writing by the parties, the Contractor shall not be entitled to receive any other payment or compensation from the State for any goods or services provided by or on behalf of the Contractor under this Contract. The Contractor shall be solely responsible for paying all costs, expenses and charges it incurs in connection with its performance under this Contract.

4.9.1 Each invoice must itemize the name of each person who worked during the billing period, the number of hours worked by each person (noting straight time and overtime hours, when applicable), the job title for each person, the amount owed for each person’s services, additional authorized expenses such as travel and per diem on a per person basis, the total amount owed for each person and the total amount owed by the agency for the billing period.


4.9.2 The requesting State agency shall be responsible for making payment only for its own usage of temporary assignment staff supplied by the Contractor. The amount and basis for consideration will be the amount of payment set prior to assignment and falls within the contracted range and the level of performance and quality that was expected.

4.9.3 The Contractor shall be paid for actual hours worked by temporary assignment staff supplied based on the firm, fixed hourly rate specific to the job title agreed upon in the Temporary Staffing Services Vendor Request and the level of expertise requested by the requesting State agency. These hourly rates must comply with the hourly pay ranges or markup rate as set forth in the Contractor’s Cost Proposal.

4.9.4 State agencies will make payments according to Department of Revenue Accounting Policies and Procedures 230.250. These procedures require that State agencies shall pay their claims in a timely manner and that claims that remain unpaid after 60 days following the receipt of the claim or satisfactory delivery of the service, whichever is later, is subject to the payment of interest.

4.9.5 The Contractor will be required to accept payment from the State of Iowa for temporary staffing services by electronic deposit.

4.10 Contractor Support Services4.10.1 Contractor shall provide one primary contact person to support the State’s account,

along with one backup contact in case the primary contact is unavailable.

4.10.2 The Contractor shall make available a toll free 800 number for State agencies, institutions and regional offices to call for services.

4.11 Delay of Payment Due to Contractor's Failure If the Agency in good faith determines that the Contractor has failed to perform or deliver any service or product as required by this Contract, the Contractor shall not be entitled to any compensation under this Contract until such service or product is performed or delivered. In this event, the Agency may withhold that portion of the Contractor's compensation, which represents payment for service or product that was not performed or delivered.

4.12 Set-Off Against Sums Owed by the Contractor In the event that the Contractor owes the State any sum under the terms of this Contract, any other Contract, pursuant to any judgment, or pursuant to any lack the State may set off the sum owed to the State against any sum owed by the State to the Contractor in the State's sole discretion, unless otherwise required by law. The Contractor agrees that this provision constitutes proper and timely notice under the law of setoff.

4.13 Performance Based Incentives/Disincentives4.13.1 Temporary staff placements by the Contractor will be qualified to perform their duties

as requested and specified in the appropriate State of Iowa job description. Where the placement provides unsatisfactory job performance or is otherwise unable to perform the duties of the position for which placed, and the appropriate Supervisor notifies the Contractor within eight hours of placement and provides reasonable documentation as


to why the job performance is unsatisfactory, all charges for the unsatisfactory service will be eliminated or credited to the State of Iowa.

4.13.2 The Contractor shall provide the Agency with quarterly reports of customer input to assess the quality, efficiency and satisfaction with the work performance and service delivery provided through the service contract. The reports should be sent to the current Contract Manager.

4.14 Hire of Assigned Temporary Staff Assigned Temporary Staff may be hired into any State position at any time without payment of any fee to the Contractor by State.

4.15 On-Site Facility ReviewThe Contractor shall make its facilities and files pertinent to this Contract available for on-site audit by the DAS-HRE when requested with twenty-four hours’ notice.

4.16 Security of DataThe Contractor’s temporary staff may have access to confidential data maintained by the State agency to complete their assigned duties in accordance with the rules established by the custodian of those records. The Contractor shall at orientation, prior to the assignment of any temporary staff, communicate the department’s policies and procedures as advised to its staff for safeguarding the confidentiality of such records. The Contractor shall have each member of its temporary staff execute a Confidentiality Agreement on a form acceptable to the State. The Contractor and its employees assigned under the Agreement shall also maintain confidentiality requirements imposed by law.

4.17 Rights in ProductsThe Agency retains all rights to all data, reports, programs, designs and other results of this Contract. The Contractor may not reproduce or otherwise use the products of this Contract without the written consent of State. The Agency reserves first publication rights to any products of this Contract and the Agency may place these products in the public domain without permission of the Contractor.

4.18 Breach of DutyThe Agency has the right to terminate this Contract immediately upon learning of a breach of duty and/or confidentiality by the Contractor or its employees or agents. Breach of duty and/or confidentiality includes, but is not limited to, distributing confidential information without prior approval to someone other than the Service Provider’s employees or agents; failing to comply with the requirements of this Contract; or violating State or federal laws. This list is illustrative only and is not meant to limit the Agency’s definition of breach of duty and/or confidentiality. Should a breach of duty occur, the Agency shall issue the Contractor an order to stop work immediately and deliver all work and work in progress to the Agency. The Agency and State agencies shall be obligated only for those services rendered prior to the date of notice of termination, less any damages that may be assessed for non-performance.

4.19 Termination4.19.1 The Agency may provide the Contractor with a thirty (30) day notice of conditions

endangering performance. If, after such notice, the Contractor fails to remedy the


conditions contained in the notice, the Agency shall issue the Contractor an order to stop work immediately and deliver all work and work in progress to the Agency.

4.19.2 The Agency and State agencies shall be obligated only for those services rendered prior to the date of notice of termination, less any damages that may be assessed for non-performance.

4.19.3 Upon receipt and acceptance of not less than a thirty (30) day written notice, this Contract may be terminated for any or no reason on an agreed upon date prior to the end of the Contract period without penalty to either party.

4.19.4 Notwithstanding any other provisions of this Contract, if funds anticipated for the continued fulfillment of this Contract are at any time not forthcoming or are insufficient, either through the federal government or the State of Iowa failing to appropriate funds, discontinuing funds, or materially altering the program under which funds were provided, then the Agency shall have the right to terminate this Contract without penalty by giving not less than a thirty (30) day written notice.

4.19.5 Notwithstanding the foregoing, either party has the right, exercisable in its sole discretion at any time, to terminate this Agreement for its convenience, by giving the other party at least 30 days written notice of such termination.


SECTION 5 SPECIFICATIONS

OverviewThe successful Contractor shall provide the goods and/or services to the State in accordance with the specifications and technical specifications as provided in this Section. The Respondent shall address each specification in this Section and indicate whether or not it will comply with the specification. If the context requires more than a yes or no answer or the section specifically indicates, Respondent shall explain how it will comply with the specification. Proposals must address each specification. Merely repeating the specifications may be considered non-responsive and may disqualify the Respondent. Proposals must identify any deviations from the specifications of this RFP or specifications the Respondent cannot satisfy. If the Respondent deviates from or cannot satisfy the specification (s) of this section, the Agency may reject the Proposal.

5.1 Mandatory SpecificationsAll items listed in this section are Mandatory Specifications. Respondents must indicate either “yes” or “no” to each specification in their Proposals and provide an explanation as to how the specification is met. By indicating “yes” a Respondent agrees that it shall comply with that specification throughout the full term of the Contract, if the Respondent is successful. In addition, if specified by the specifications or if the context otherwise requires, the Respondent shall provide references and/or supportive materials to verify the Respondent’s compliance with the specification. The Agency shall have the right to determine whether the supportive information and materials submitted by the Respondent demonstrate that the Respondent will be able to comply with the Mandatory Specifications. If the Agency determines the responses and supportive materials do not demonstrate the Supplier will be able to comply with the Mandatory Specifications, the Agency may reject the Proposal.

5.1.1 Contractor must maintain insurance coverage. Provide a copy of insurance certificate with the requirements as specified in Section 7.3.Yes No Explain.

5.2 Scored Specifications All items listed below are Scored Specifications. All specifications will be evaluated and scored by the evaluation committee in accordance with Section 5.

5.2.1 Ability to perform Scope of Work as described in Section 4.

5.2.2 Please explain the process for:5.2.2.1 Accepting temporary placement requests5.2.2.2 Profiling each temporary assignment request so that the required skills are

understood. 5.2.2.3 Skills evaluation used to assess assignment of employees. 5.2.2.4 Recruiting, screening, testing and interviewing. Describe the method used to

initially screen assignment employees.5.2.2.5 Steps taken to recruit for diversity.5.2.2.6 Training assignment employees and frequency of retraining.5.2.2.7 Orientation that assignment employees receive upon referral.


5.2.2.8 Disqualifying of candidates with criminal history.

Average response time on filling orders. 5.2.3 Explain your process or policy regarding replacing a temporary employee (e.g.

temporary employee calls in sick, doesn’t show up, has personality conflicts, or is lacking necessary skills.) Include standard time frames for providing a replacement.

5.2.4 Methods used in monitoring job performance and evaluating staff. What procedures are used for notification and resolution of job performance problems?

5.2.5 Quantity and applicability of job titles you have the means to fill and associated job duties and skill level available to the State with corresponding hourly rates charged to the State.

5.2.6 Policy of overtime pay, vacation, and holidays for temporary employees.

5.2.7 Health benefits are provided to your temporary employees. List any additional benefits provided.

5.2.8 Explain your reporting capabilities and provide samples of different reports you can offer.

5.2.9 Availability and quality of online tools.

5.2.10 Methods, frequency, and extent to which customer satisfaction is measured. Please explain the business practices your organization follows to establish and maintain a continuing successful working relationship.


SECTION 6 EVALUATION AND SELECTION

6.1 IntroductionThis section describes the evaluation process that will be used to determine which Proposal(s) provides the greatest value to the State. Agency will not necessarily award the Contract to the Contractor offering the lowest cost to the Agency. Instead, the Agency will award to the Contractor whose Responsive Proposal the Agency believes will provide the best value to the State.

6.2 Evaluation CommitteeThe Agency will conduct a comprehensive, fair, and impartial evaluation of Proposals received in response to this RFP. The Agency will use an evaluation committee to review and evaluate the Proposals.

6.3 Technical Proposal ScoringAll Technical Proposals will be evaluated to determine if they comply with the Mandatory Specifications and Scored Specifications described in Section 5.1 and 5.2 and meet the minimum score as provided in this section. The evaluation committee will fully evaluate and score all Responsive Proposals submitted by Responsible Respondents in accordance with this Section. In addition to other RFP requirements, to be deemed a Responsive Proposal, the Proposal must: Answer “Yes” to all parts of Section 5.1 and include supportive materials as required to

demonstrate the Respondent will be able to comply with the Mandatory Specifications in that section and

Obtain the minimum score for the Content and Technical Criteria.

6.4 Cost Proposal ScoringAfter the Technical Proposals are scored, the Cost Proposals will be opened and scored.

6.5 Preferences

6.5.1 Preference to Iowa Products and ServicesIn accordance with the provisions of Iowa Code § 73.1 a preference will be given to products and provisions grown and coal produced within the State of Iowa, when they are found in marketable quantities in the State and are of a quality reasonably suited to the purpose intended, and can be secured without additional cost over foreign products or products of other states. Preferences required by applicable statute or rule shall also be applied, where appropriate.

6.5.2 Tied BidAn award shall be determined by a drawing when responses are received that are equal in all respects and tied in price. Whenever it is practical to do so, the drawing will be held in the presence of the contractors who are tied in price. Otherwise the drawing will be made in front of at least three non-interested parties. All drawings shall be documented.


Notwithstanding the foregoing, if a tied bid involves an Iowa vendor and a vendor outside the State of Iowa, the Iowa vendor will receive preference. If a tied bid involves one or more Iowa vendors and one or more vendors outside the state of Iowa, a drawing will be held among the Iowa vendors only. Tied bids involving Iowa-produced or Iowa-manufactured products and items produced or manufactured outside the state of Iowa will be resolved in favor of the Iowa product.

In the event of a tied bid between Iowa vendors, the department shall contact the Iowa Employer Support of the Guard and Reserve (ESGR) committee for confirmation and verification as to whether the vendors have complied with ESGR standards. Preference, in the case of a tied bid, shall be given to Iowa vendors complying with ESGR standards.


SECTION 7 CONTRACTUAL TERMS AND CONDITIONS

7.1 Contract Terms and Conditions The Contract that the Agency expects to award as a result of this RFP shall comprise the specifications, terms and conditions of the RFP, written clarifications or changes made in accordance with the provisions of the RFP, the General Terms and Conditions, the offer of the successful Contractor contained in its Proposal, and any other terms deemed necessary by the Agency. No objection or amendment by a Contractor to the provisions or terms and conditions of the RFP or the General Terms and Conditions shall be incorporated into the Contract unless Agency has explicitly accepted the Contractor’s objection or amendment in writing.

The General Terms and Conditions will be incorporated into the Contract. The General Terms and Conditions may be supplemented at the time of contract execution and are provided to enable Contractors to better evaluate the costs associated with the RFP specifications and the Contract. All costs associated with complying with these specifications should be included in any pricing quoted by the Contractor.

By submitting a Proposal, Contractor acknowledges its acceptance of the terms and conditions of the RFP and the General Terms and Conditions without change except as otherwise expressly stated in its Proposal. If the Contractor takes exception to a provision, it must identify it by page and section number, state the reason for the exception, and set forth in its Proposal the specific RFP or General Terms and Conditions language it proposes to include in place of the provision. If Contractor’s exceptions or proposed responses materially alter the RFP, or if the Contractor submits its own terms and conditions or otherwise fails to follow the process described herein, the Agency may reject the Proposal, in its sole discretion.

The Agency reserves the right to either award a Contract(s) without further negotiation with the successful Contractor or to negotiate Contract terms with the successful Contractor if the best interests of the State would be served.

7.2 Contract LengthThe term of the Contract will begin and end on the dates indicated on the RFP cover sheet. The Agency shall have the sole option to renew the Contract upon the same or more favorable terms and conditions for up to the number of annual extensions identified on the RFP cover sheet.

7.3 InsuranceThe Contract will require the successful Contractor to maintain insurance coverage(s) in accordance with the insurance provisions of the General Terms and Conditions and of the type and in the minimum amounts set forth below, unless otherwise required by the Agency.


Type of Insurance LIMIT AMOUNT

General Liability (including contractual liability) written on an occurrence basis

General AggregateProducts –Comp/Op AggregatePersonal injuryEach Occurrence

$2 million

$1 Million$1 Million$1 Million

Automobile Liability (including contractual liability) written on an occurrence basis

Combined single limit $1 Million

Excess Liability, umbrella form Each OccurrenceAggregate

$1 Million$1 Million

Errors and Omissions Insurance Each Occurrence $1 MillionProperty Damage Each Occurrence

Aggregate$1 Million$1 Million

Workers Compensation and Employer Liability As Required by Iowa law

As required by Iowa law

7.4 Terms and Conditions for State of Iowa Purchasing Cards The State of Iowa shall pay Contractor’s invoices using its Purchasing Card Program (Pcard) whenever possible. The Pcard is a VISA credit card issued by U.S. Bank to allow authorized employees to make purchases on behalf of the State. It is a faster, more convenient alternative to traditional invoicing and remittance processing, allowing US Bank to pay the Contractor directly, generally within 48 hours of the transaction. Contractor shall comply with security measures for Pcard payments including: Contractor shall comply with Payment Card Industry Data Security Standard (PCI DSS) to

assure confidential card information is not compromised; Contractor shall adhere to Fair and Accurate Credit Transactions Act requirements that limit

the amount of consumer and account information shared for greater security protection; Contractor shall not write down card numbers or store card information. When accepting

orders by phone, Contractor shall process the transaction during the call and send itemized receipts (excluding card numbers) to the cardholder by fax, email, or mail (with delivery);

Contractor shall process payment for items when an order is placed only for items currently in stock and available for shipment, and only for services already rendered;

Contractor shall confirm that the name of purchaser matches the name on the card; Contractor shall ensure Internet orders are processed via secure websites, featuring Verisign,

TRUSTe, BBBOnline, or “https” in the web address; Contractor shall shred any documentation with credit card numbers.


http://www.ftc.gov/os/statutes/fcrajump.shtm

https://www.pcisecuritystandards.org/security_standards/

Attachment #1Certification Letter

(Date) __________

Nancy Wheelock, Issuing OfficerIowa Department of Administrative ServicesHoover State Office Building, Level 31305 East Walnut StreetDes Moines, IA 50319-0105

Re: Request for Proposal Number RFP1115005065- PROPOSAL CERTIFICATIONS

Dear Nancy:

I certify that the contents of the Proposal submitted on behalf of (Name of Respondent) in response to Iowa Department of Administrative Services for Request for Proposal Number RFP1115005065 for a Temporary Staffing Services are true and accurate. I also certify that Respondent has not knowingly made any false statements in its Proposal.

Certification of Independence I certify that I am a representative of Respondent expressly authorized to make the following certifications on behalf of Respondent. By submitting a Proposal in response to the RFP, I certify on behalf of the Respondent the following:

1. The Proposal has been developed independently, without consultation, communication or agreement with any employee or consultant to the Agency or with any person serving as a member of the evaluation committee.

2. The Proposal has been developed independently, without consultation, communication or agreement with any other Respondent or parties for the purpose of restricting competition.

3. Unless otherwise required by law, the information found in the Proposal has not been and will not be knowingly disclosed, directly or indirectly prior to Agency’s issuance of the Notice of Intent to Award the contract.

4. No attempt has been made or will be made by Respondent to induce any other Contractor to submit or not to submit a Proposal for the purpose of restricting competition.

5. No relationship exists or will exist during the contract period between Respondent and the Agency or any other State agency that interferes with fair competition or constitutes a conflict of interest.

Certification Regarding DebarmentI certify that, to the best of my knowledge, neither Respondent nor any of its principals: (a) are presently or have been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal Agency or State Agency; (b) have within a five year period preceding this Proposal been convicted of, or had a civil judgment rendered against them for commission of fraud, a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, violation of antitrust statutes; commission of embezzlement, theft, forgery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are presently indicted for or criminally or civilly charged by a government entity (federal, state, or local) with the commission of


any of the offenses enumerated in (b) of this certification; and (d) have not within a three year period preceding this Proposal had one or more public transactions (federal, state, or local) terminated for cause.

This certification is a material representation of fact upon which the Agency has relied upon when this transaction was entered into. If it is later determined that Respondent knowingly rendered an erroneous certification, in addition to other remedies available, the Agency may pursue available remedies including suspension, debarment, or termination of the contract.

Certification Regarding Registration, Collection, and Remission of Sales and Use TaxPursuant to Iowa Code sections 423.2(10) and 423.5(8) (2013) a retailer in Iowa or a retailer maintaining a business in Iowa that enters into a contract with a state agency must register, collect, and remit Iowa sales tax and Iowa use tax levied under Iowa Code chapter 423 on all sales of tangible personal property and enumerated services. The Act also requires Contractors to certify their compliance with sales tax registration, collection, and remission requirements and provides potential consequences if the certification is false or fraudulent.

By submitting a Proposal in response to the (RFP), the Respondent certifies the following: (check the applicable box)

Respondent is registered with the Iowa Department of Revenue, collects, and remits Iowa sales and use taxes as required by Iowa Code chapter 423; or

Respondent is not a “retailer” or a “retailer maintaining a place of business in this state” as those terms are defined in Iowa Code subsections 423.1(47) and (48).

Respondent also acknowledges that the Agency may declare the Respondent’s Proposal or resulting contract void if the above certification is false. The Respondent also understands that fraudulent certification may result in the Agency or its representative filing for damages for breach of contract in additional to other remedies available to Agency.

Sincerely,

____________________________________Signature

_______________________________________ ____________Name and Title of Authorized Representative Date


Attachment #2Authorization to Release Information Letter

(Date) ___________

Nancy Wheelock, Issuing OfficerIowa Department of Administrative ServicesHoover State Office Building, Level 31305 East Walnut StreetDes Moines, IA 50319-0105

Re: Request for Proposal Number RFP1115005065- AUTHORIZATION TO RELEASE INFORMATION

Dear Nancy:

(Name of Respondent) hereby authorizes the Iowa Department of Administrative Services ("Agency") or a member of the Evaluation Committee to obtain information regarding its performance on other contracts, agreements or other business arrangements, its business reputation, and any other matter pertinent to evaluation and the selection of a successful Respondent in response to Request for Proposal (RFP) Number RFP1115005065.

The Respondent acknowledges that it may not agree with the information and opinions given by such person or entity in response to a reference request. The Respondent acknowledges that the information and opinions given by such person or entity may hurt its chances to receive contract awards from the State or may otherwise hurt its reputation or operations. The Respondent is willing to take that risk.

The Respondent hereby releases, acquits and forever discharges the State of Iowa, the Agency, their officers, directors, employees and agents from any and all liability whatsoever, including all claims, demands and causes of action of every nature and kind affecting the undersigned that it may have or ever claim to have relating to information, data, opinions, and references obtained by the Agency or the Evaluation Committee in the evaluation and selection of a successful Respondent in response to the RFP.

The Respondent authorizes representatives of the Agency or the Evaluation Committee to contact any and all of the persons, entities, and references which are, directly or indirectly, listed, submitted, or referenced in the Respondent's Proposal submitted in response to RFP.

The Respondent further authorizes any and all persons, and entities to provide information, data, and opinions with regard to its performance under any contract, agreement, or other business arrangement, its ability to perform, business reputation, and any other matter pertinent to the evaluation of the Respondent’s Proposal. The Respondent hereby releases, acquits and forever discharges any such person or entity and their officers, directors, employees and agents from any and all liability whatsoever, including all claims, demands and causes of action of every nature and kind affecting the Respondent that it may have or ever claim to have relating to information, data, opinions, and references supplied to the Agency or the Evaluation Committee in the evaluation and selection of a successful Respondent in response to RFP.

A photocopy or facsimile of this signed Authorization is as valid as an original.

Sincerely,

____________________________________Signature

_______________________________________ ____________Name and Title of Authorized Representative Date


Attachment # 3Response Check List

RFP REFERENCE SECTIONRESPONSE INCLUDED

Yes NoOne (1) original, two (2) copies of the Bid Proposal and One (1) electronic copy on digital media.One (1) Public Copy with Confidential Information Excised (optional)

Technical Proposal

Exhibit 1 - Transmittal Letter

Exhibit 2 - Executive Summary

Exhibit 3 - Firm Proposal Terms

Exhibit 4 - Respondent Background Information

Exhibit 5 - Experience

Exhibit 6 - Financial Information

Exhibit 7 - Termination, Litigation, and Debarment

Exhibit 8 - Criminal History and Background Investigation

Exhibit 9 - Acceptance of Terms and Conditions

Exhibit 10 - Certification Letter

Exhibit 11 - Authorization to Release Information

Exhibit 12 - Mandatory Technical Specifications

Exhibit 13 - Scored Specifications

Exhibit 14 - Signed Copies of Addendums

Cost Proposal


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