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Audit Services RFP 3-28-2014 COUNTY OF HARNETT FINANCE/PURCHASING REQUEST FOR PROPOSALS CONTRACT COMPLIANCE PERFORMANCE AUDIT SERVICE FOR SELECTED CONTRACTS DURING THE PERIOD OF JU LY 1, 2010 THROUGH JUNE 30, 2013 DUE DATE: NO LATER THAN 2:00 PM E.D.T, MARCH 28, 2014 QUESTIONS: KIMBERLY HONEYCUTT, FINANCE OFFICER KHONEYCUTT@HARNETT.ORG PHONE: 910-814-6093 FAXES OR E-MAILS ARE NOT ACCEPTED FOR THIS PROPOSAL COUNTY OF HARNETT RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS RECEIVED, OR TO SELECT THE PROPOSAL WHICH, IN OUR OPINION, IS IN THE BEST OVERALL INTEREST OF THE COUNTY. MAIL OR DELIVER PROPOSALS IN A SEALED ENVELOPE IDENTIFIED “PROPOSAL ENCLOSED HCF-03282014”, YOUR FIRM NAME, AND THE DELIVER BY DATE ON THE OUTSIDE OF THE ENVELOPE TO: Renea Warren-Ford Purchasing Specialist 102 E. Front Street P.O. Box 760 Lillington, N.C. 27546 REQUEST FOR PROPOSALS Title: Contract Compliance Performance Audit Issue Date: February 25, 2014 Due Date/Time: March 28, 2014, 2:00 p.m. E.D.T. Issuing Agency: County of Harnett c/o Harnett County Finance Office 102 E Front Street PO Box 760 Lillington, NC 27546 County of Harnett hereby solicits sealed proposals from qualified and reputable firms who have experience in conducting contract compliance performance audits on behalf of North Carolina local governments, as more particularly described in the attached specifications. All proposals shall be sealed indicating “Proposals Enclosed, HCF-03282014”, your firm name, and deliver by date displayed prominently on the front of each sealed proposal envelope or package. Electronically submitted (e-mail/fax) proposals will not be accepted. Sealed proposals will be accepted until 2:00 p.m. E.D.T., May 28, 2014. The Contract Compliance Performance Audit Proposal form, Reference Sheet to be used by the proposers, and the specifications of the services to be performed are attached. COUNTY OF HARNETT LILLINGTON, NORTH CAROLINA SPECIFIED TERMS AND CONDITIONS FOR CONTRACT COMPLIANCE PERFORMANCE AUDIT PART I – GENERAL INFORMATION INTRODUCTION County of Harnett, a North Carolina body politic and corporate, is issuing this Request for Proposal (“RFP”) to invite responses (“Proposals”) from qualified and reputable firms who have experience in conducting contract compliance performance audits on construction and repair contracts and purchase contracts in the formal bidding range on behalf of North Carolina local governments (“Potential Contractors”) to provide contract compliance performance auditing services for County of Harnett. This RFP is issued pursuant to the direction of the Harnett County Board of Commissioners to determine whether appropriate value and results have been obtained for the monies expended for major contracts falling within the North Carolina formal bidding range pursuant to N.C.G.S. §143-129. This agreement for services will encompass a review of selected construction and repair contracts and purchase contracts of Harnett County in the formal bidding range for the time period July 1, 2010 and ending June 30, 2013. County of Harnett experiences annual financial audits conducted by an independent financial firm pursuant to N.C.G.S. §159-34 and regular reviews conducted by the County’s internal finance staff. Previous audit reports may be available to the Potential Contractors upon request. As the Local Government Finance Act requires separate audits based upon different focus, the County does not intend to combine these audits with the contract compliance performance audit. Therefore, Potential Contractors should avoid duplicating any work already covered by these other audits. The purpose of the RFP is to acquire the services of an independent, qualified, reputable firm to review and analyze construction and repair contracts and purchase contracts in the formal bidding range to determine if the County received what was contracted for in the agreements. The objectives of the audit are to: Determine that the contractor has complied with the terms of the contract; Determine that the payments that have been made have been earned, properly authorized, and justified according to the terms of the contract; and Determine that the procurement procedures were followed. The anticipated benefits of the contract performance compliance audit include improvement in service delivery, cost savings and additional revenues, and improved accountability to ensure that taxpayer and ratepayer dollars are spent in ways that achieve the objectives and goals of the Harnett County Board of Commissioners in the most efficient and effective manner. PROPOSALS SUBJECT TO PUBLIC RECORDS LAWS All Proposals, data, materials and documentation originated, prepared and submitted to the County pursuant to this RFP shall belong exclusively to the County and may become available to the public in accordance with the North Carolina Public Records Act as provided in N.C.G.S. §132-1 et. seq. County will make reasonable attempts to maintain, in accordance with the Public Records Laws and the Act, the confidentiality of any trade secrets or confidential information that meets the requirements of N.C.G.S. §132-1.2 of the Public Records Laws if such Potential Contractors properly and conspicuously identify the particular data or other materials which are Confidential Information in accordance with the Public Records Laws. REJECTION OF PROPOSALS AND CANCELLATION OF RFP; REISSUE OF RFP Issuance of this RFP does not constitute a commitment on the part of the County to award or execute a Contract. The County retains the right, in its sole discretion, at any time to reject any or all Proposals, in whole or in part, and to cancel or cancel and reissue this RFP, before or after receipt and opening of Proposals in response thereto, or take any other actions, if it considers it to be in the best interests of the County. PROPOSAL VALIDITY; INCURRED EXPENSES All Proposals shall remain valid for 180 calendar days (the “Proposal Offer Period”) after 2:00 p.m. E.D.T. March 28, 2014 (the “Proposal Deadline”). A Proposal constitutes an offer by the Potential Contractor to contract with the County in accordance with the terms of the Proposal and this RFP, which offer is irrevocable for the duration of the Proposal Offer Period and may not be withdrawn or amended during the Proposal Offer Period without the written consent of the County. The County shall not be liable or responsible for any costs, expenses, reimbursements or fees incurred by a Potential Contractor in preparing and submitting a Proposal or in performing any other action in connection with this procurement. RIGHT TO USE INFORMATION IN THE PROPOSAL Upon submission, all materials submitted to the County by Potential Contractors shall become the County’s property and may be used as the County deems appropriate. PART II – THE PROPOSAL 2.1 SUMMARY OF KEY DATES The County reserves the right to change any dates and scheduled contained in this RFP, including those shown below. If changes are made, the changes will be communicated on the County’s Website. February 25, 2014 RFP Issuance Date March 28, 2014 Deadline for submission of Proposals 2:00 p.m. E.D.T. April 10 and 11, 2014 Finalist Contractor Presentations (Upon Request by County) April 21, 2014 Target date for Decision of Successful Contractor, followed by Contract Execution, subject to Board approval 2.2 CONTACT PERSON AND INQUIRIES The point of contact for this RFP is Kimberly Honeycutt, Finance Officer (“Contact Person”). All questions and correspondence should be directed to Kimberly Honeycutt, Finance Officer at khoneycutt@harnett.org. All inquiries regarding this RFP must be submitted in writing in the form of questions or requests for clarification. The County’s responses to the questions will be posted on the County’s website. 2.3 PROPOSAL SUBMISSION AND FORMAT Proposals must be received by the Contact Person no later than the Proposal Deadline in sealed envelopes or containers. A Potential Contractor should submit a signed original and three (3) complete copies of its Proposal. Proposals must be received by the County by 2:00 p.m. E.D.T. March 28, 2014. Late Proposals will not be accepted. Postmarks and/or shipping receipts will not be considered as proof of timely submissions. Potential Contractors must provide responses for all items contained herein that request or call for a response or information, and responses and signatures are required for any attachments to this RFP that are due with the Proposal. Proposals shall be complete and must convey all of the information requested by the County. Also, the Proposal must designate a single authorized official from one of the entities to serve as the sole contact between the County and the Potential Contractor. 2.4 PROPOSAL EVALUATION A variety of factors shall be considered by the County in determining the Successful Potential Contractor it believes provides the overall Proposal at a fair and reasonable price and consistent with the goals and objectives of the County. No one factor can or will be so paramount that the most favorable bidder in that category automatically is the Successful Potential Contractor. While price and total cost are both important factors, as is a price/value analysis, the Potential Contractor’s proposed methodologies and work plan as requested in the Scope of Work is also critical. Track record, experience, and proven excellence are also critical needs and requirements. Thus, while Potential Contractors are strongly encouraged to offer the lowest price and total cost and highest value possible, the Potential Contractor offering the lowest price and total cost may not be selected as the Successful Potential Contractor. It is the intent of the evaluation procedure established by the Harnett County Manager to determine whether each Proposal meets the needs of the County, as outlined in this RFP, and then to determine which Proposal best suits those needs. 2.5 SCOPE OF SERVICES The Successful Contractor is required to evaluate and analyze contract compliance performance on construction and repair contracts and purchase contracts in the formal bidding range as defined by N.G.G.S. §143-129, with emphasis on determining if the County received what was contracted for in the agreements This agreement for services will encompass a review of selected County construction and repair contracts and purchase contracts in the formal bidding range for the time period July 1, 2010 and ending June 30, 2013. There are approximately 18 construction and repair contracts and 5 purchase contracts which will be subject to the review. The Successful Contractor will: Determine that the contractor has complied with the terms of the contract; Determine that the payments that have been made have been earned, properly authorized, and justified according to the terms of the contract; and Determine that the procurement procedures were followed. The Successful Contractor may also be required to present and explain the performance audit report before the Board of County Commissioners. The Successful Contractor will contact the County Manager of irregularities or discrepancies noted. If an irregularity or discrepancy of the contract exists, then the audit scope may be expanded subject to agreement by the County and Successful Contractor. In the event that circumstances arise during the audit that require work to be performed in excess of the original estimates, any additional cost will be negotiated prior to commencement of the work and an amended contract will be approved by the governing board. The County of Harnett agrees to make contracts available for inspection and to work to facilitate the audit process. PROPOSAL REQUIREMENTS Identif y the form of organization submitting the Proposal. Explain why your firm is qualified to perform these services. The name, mailing address, electronic mail address, facsimile number, and telephone number of the Potential Contractor’s authorized agent with authority to bind the firm and answer official questions concerning the Potential Contractor’s Proposal must be clearly stated. The Successful Contractor’s firm shall employ at is expense professionals properly licensed and skilled in the execution of the functions required for performing a contract compliance performance audit for a North Carolina local government. Identify the personnel you would assign to this project for any part of the work, including their roles. Describe for each his or her experience with local government contract auditing, identifying all projects for the past five years. List all applicable license numbers and dates. The County desires that each team have a certified public accountant and professional engineer, both of which have experience in local government contracting. Provide a detailed description of the scope of work and services you would perform for this project. The scope must include the objectives identified in 2.5 above. Provide a detailed description of the project approach, methodology, and auditing standards, including a project schedule and detailed approach to complete this project, task lists, and deliverables you would provide as the Successful Contractor. Identify any unique issues related to the project and the approach you would provide as the Successful Contractor. Provide a Cost and Price Summary. Potential Contractors are requested to submit a not to exceed fixed audit rate for conducting the performance audit services. Potential Contractors are reminded that the cost quotation should cover all of the services and other times covered and required by this RFP, as well as other services deemed necessary by the Contractor, to be provided by the Successful Contractor during the entire term of the Contract. Specifically the Successful Contractor shall be responsible for all charges incidental to the routine conduct of business including, but not limited to any and all travel expenses including mileage, meals, telephone calls, facsimile, copying, color copies, postage and delivery charges from the Successful Contractor to the County. County is interested in receiving proposals which incorporate compensation to the Successful Contractor based upon savings, credits, refunds, or additional revenues identified in the contract compliance performance review and savings as a result of full implementation of recommendations. E. References. 1. Provide three (3) references for whom you have provided contract performance auditing services. 2. Indicate what type of and the scope of service provided for each reference. The final decision of the selection of the firm to conduct the audit will be made by the Harnett County Manager, in his sole discretion. 2.7 NEGOTIATION AND EXECUTION OF CONTRACT A Successful Potential Contractor under this RFP shall negotiate and execute a Contract containing such terms and conditions as shall be satisfactory to the County. The occurrence of negotiations with any Potential Contractor conveys no right or status on such Potential Contractor. By submitting a Proposal, each Potential Contractor acknowledges and agrees that the County may negotiate with one or more Potential Contractors, under such circumstances, at such times and in such a manner as it determines to be in the best interest of the County. 2.8 NONEXCLUSIVE RIGHTS Nothing in this RFP or any Contract resulting from this RFP shall preclude the County from acquiring any audit or related services from other Potential Contractors, individuals or entities as the County, in its sole discretion, shall determine. PART III – GENERAL TERMS AND CONDITIONS 3.1 GOVERNING LAW This Procurement and any Contract resulting from this RFP shall be governed by and constructed in accordance with the laws of the State of North Carolina. Any and all claims or disputes arising under or in connection with this RFP or the Contract shall be exclusively governed by the laws of the State of North Carolina, and venue shall be exclusively within Harnett County, North Carolina. 3.2 INDEMNITY AND INSURANCE Contractors will indemnify and hold harmless the County, its officers, agents, and employees from and against all loss, cost, damages, expense and liability caused by accident or other occurrence resulting in bodily injury, including death and disease to any person, or damage or destruction to property, real or personal, arising directly or indirectly from operations, products, or services rendered or purchased under the contract. Where Firms are required to enter or to go onto County property to perform work, the auditor, at his/her sole expense, will purchase and maintain the insurance listed below as A, B, & C. Where Firms will be required to enter or go onto County property and will only provide supplies, materials, or equipment, the Contractor, at his sole expense, will purchase and maintain insurance coverage designated below as B. Automobile-Automobile bodily injury and property damage liability insurance when the services to be performed require the use of motor vehicles. Auto liability limits shall not be less than $1,000,00.00 combined per occurrence/aggregate. B. Commercial General Liability-Bodily injury and property damage liability as will protect the contractor from claims of bodily injury or property damages which arise from operations of this contract. The amounts of such insurance shall not be less than $1,000,000.00 bodily injury and property damage- combined single limit per occurrence and $3,000,000.00 aggregate. This insurance shall include coverage for product/completed operations, personal injury liability and contractual liability. C. Worker’s Compensation and employers’ liability meeting the statutory requirements of the State of North Carolina. Employer Liability limits shall not be less than $1,000,000.00. The successful bidder shall provide the County with a certificate of such insurance and shall contain the provision that the County will be given thirty (30) days written notice of any intent to amend or terminate by either the insured or the insuring company. However, a ten (10) day notice is sufficient for cancellation due to non-payment of premium. The County of Harnett will be added as an additional insured on this certificate of insurance. 3.3 TRANSFER, ASSIGNMENT, OR SUBCONTRACT The covenants and agreements contained within the awarded proposal are specifically binding and the County will not allow the awarded proposal to be transferred, assigned or subcontracted to any other party or parties without the express written consent from the County. 3.4 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION By submission of this Proposal, the Potential Contractor certifies and, in the case of a joint Proposal, each party thereto certifies as to its own organization, that in connection with this Procurement: The price in this Proposal has been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such prices with any other Potential Contractor or with any competitor; Unless otherwise required by law, the prices which have been quoted in this Proposal have not and will not be knowingly disclosed by the Potential Contractor prior to the Proposal opening, directly or indirectly, to any other Potential Contractor or to any competition; and No attempt has been made or will be made by the Potential Contractor to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition. 3.5 E-VERIF Y COMPLIANCE By submission of this Proposal, the Potential Contractor certifies that it and any subcontractors complies with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. 3.6 EQUAL OPPORTUNITY EMPLOYER County is an equal employment opportunity employer. The County is a federal contractor, and therefore the provisions and affirmative action obligations of 41 CFR §601.4(a), 41 CFR 60-741.5(a), and 41 CFR 60-250.4 are incorporated herein by reference, where applicable. EXECUTION OF PROPOSAL PAGE CONTRACT COMPLIANCE PERFORMANCE AUDIT SERVICE     Date:    By submitting this proposal, the Firm certifies the following: An authorized representative of the firm has signed this proposal. It can obtain insurance certificates as required within 10 calendar days after notice of award. The Firm has determined the cost and availability of all equipment, materials and supplies associated with performing the services outlined herein. All labor costs, direct and indirect, have been determined and included in the proposed cost. If required, the Firm has attended the pre-proposal conference and is aware of the prevailing conditions associated with performing this contract. The Firm agrees to complete the scope of work for this project with no exceptions. Therefore, in compliance with the foregoing Request for Proposal, and subject to all terms and conditions thereof, the undersigned offers and agrees, if this proposal is accepted within (180) days from the date of the opening, to furnish the services for the prices quoted. Firm:   Mailing Address:    City, State, Zip Code:   Telephone Number:   Principal Place of Business if different from above   By  Title:    (Type or Print Name)           HARNETT COUNTY LILLINGTON, NORTH CAROLINA REFERENCES Proposal Number DATE  HCF-03282014 March 28, 2014   (In Accordance with Section 2.6(e) “References” under Specified Terms and Conditions) Potential Contractor must demonstrate that it has a successful record of experience in the type of service specified. Otherwise, the proposal may not be considered. The Request for Proposals is for a contract compliance performance audit service agreement. Therefore, list below at least three (3) references for whom you have provided this service. CLIENT TYPE OF SERVICE and SCOPE OF SERVICE PROVIDED PERSON TO CONTACT PHONE NUMBER