Moderator: Stephen J. Densmore, Special Counsel BOND PROGRAM MONITOR LACCD PROPOSITIONS A, AA, AND MEASURES J, CC Pre-Proposal Conference Moderator: Stephen J. Densmore, Special Counsel June 14, 2018 1
Board Rules 2
Chapter XVII Article 3 Bond Program Monitor* Board Rules Chapter XVII Article 3 Bond Program Monitor* 17300 Retention of the Bond Program Monitor 17301 Powers and Duties 17302 Whistleblower Hotline** 17303 Investigation Reports and Other Documentary Material 17304 Duty of Vigilance and Cooperation Retaliation Prohibited Referrals of Investigations 17307 Conflicts of Interest 17308 Legal Counsel 17309 Internal Principles, Policies, and Procedures 17310 Auditing and Management Functions * Board Rules listed below are currently undergoing revision to reconcile any differences to the scope of services described in the RFP documents. ** See also Board Rule 7902, Whistleblower Complaint Process. 3
RFP Process RFP Process 4
Procurement Schematic RFP Technical and Price Proposals FIRST PHASE Proposal Evaluations (Open to all Proposers) First Phase scores SHORT LIST Short List (not ranked) SECOND PHASE Presentations/Interviews (Short List Proposers only) Second Phase scores Second Phase Highest Score NOIA THIRD PHASE Negotiations (Top-Ranked Proposer from Second Phase) FOURTH PHASE Background Investigation Award 5
First Phase Technical Proposals RFP Process – Phases First Phase Technical Proposals 6
RFP Process – Technical Proposals Overview Organizational Structure Personnel Qualifications Technical Approach Claims History Price 7
RFP Process – Technical Proposals Organizational Structure 8
RFP Process – Technical Proposals Focal Points: Duration of comparable experience Capacity of business platform Availability of supplemental personnel 9
RFP Process – Technical Proposals Personnel Qualifications 10
RFP Process – Technical Proposals Focal Points: Key personnel (e.g., BPM, Deputy BPM, Senior Examiner, Senior Investigator) Minimum qualifications Preferred qualifications Working knowledge of public bidding 11
RFP Process – Technical Proposals Technical Approach 12
RFP Process – Technical Proposals Focal Points: Staffing plan Investigative objectives Methodologies Whistleblowers Work plan 13
RFP Process – Technical Proposals Claims History 14
RFP Process – Technical Proposals Focal Points: Proposer, or if single-purpose entity, its proposed BPM/partner Negative history of defaults, debarment, non-responsibility, lawsuits/arbitrations, or convictions 5-year retrospective Descriptive explanation of incidents 15
RFP Process – Technical Proposals Price 16
RFP Process – Technical Proposals Focal Points: Proposed contract hourly rates of all personnel (e.g., Key, Senior, Junior, Support) Only Key Personnel rates (e.g., BPM, Deputy BPM, Senior Examiner, and Senior Investigator) will be basis of scoring Breakdown: Each successive 12-month period of full 5-year term Scoring based on single blended rate, full term, all Key Personnel positions Proposed Junior Professional and Support Staff rates shall not exceed any proposed Senior Professional rate* *See Agreement, Sec. 3.9 17
RFP Process – Financial Information 18
RFP Process – Financial Information Required Submittals: Information of proposer, or if single-purpose entity, its proposed BPM/partner Financial statements or permitted equivalents Bankruptcy or equivalent (7 years) 19
RFP Process – Outreach Outreach 20
NB: Outreach requirements are RFP Process – Outreach NB: Outreach requirements are contractual.* *See Sec. 2.3 of Agreement 21
RFP Process – Outreach Option 1: 30% of Basic Services fees will go to local, small, or emerging businesses* Option 2: Demonstrated good faith efforts (Forms 0120, 0160) Option 3: 95% of Basic Services fees will be for self-performed services * As defined in Board Rule 7103.17. 22
RFP Process – Short-Listing 23
RFP Process – Short-Listing Primary Evaluative Factors and Weighting 24
RFP Process – Short-Listing Three highest scores of those exceeding minimum qualifying score. Rankings will not be released. 25
RFP Process – Presentations Second Phase Presentations/Interviews 26
RFP Process – Presentations Key Elements Short-listed proposers only Max. 4 attendees (led by proposed BPM) Schedule – TBD (likely time frame: end of July/early August) Scripted Questions – TBD Allotted time (including Q&A): approx. 90 minutes 27
RFP Process – Presentations Primary Evaluative Factors and Weighting 28
RFP Process – Notice of Intended Award Notice of Intended Award: to proposer receiving highest score in Second Phase only. 29
RFP Process – Negotiations Third Phase Negotiations (optional) 30
RFP Process – Background Check Fourth Phase Background Check 31
RFP Process – Background Check Background checks are conducted after Notice of Intent to Award or Negotiate Background checks are limited to Key Personnel of intended awardee Each such individual shall sign a form of Consent (RFP Attach. 14) Intended awardee shall submit, within 5 business days of request, all information required by RFP Attach. No. 3, Part 4 (pp. 21 – 24) 33
DISCLAIMER Summaries and other information provided at the Pre-Proposal Conference relating to the requirements of the RFP Documents are for the convenience of the proposers and are not binding upon the District unless and until confirmed by RFP Addendum. Statements by the District’s representatives or attorneys, including, without limitation, statements or responses contained in RFP Addenda, do not constitute legal advice. 34