Indiana Legal Services, Inc. RFP for Auditors O Due by August 7, 2015 INDIANA LEGAL SERVICES INC.LEGAL TOPICS FAQS INDIANA LEGAL SERVICES, INC. REQUEST FOR PROPOSALS FOR AUDITORS INDEX ORGANIZATION ADMINISTRATIVE INFORMATION AUDIT SPECIFICATIONS ITEMS TO BE INCLUDED IN YOUR PROPOSAL POTENTIAL PROVIDERS SUBCONTRACT WORK PAPERS PUBLICATIONS PARTIAL PERFORMANCE CANCELLATION PROVIDER’S RESPONSIBILITIES AUDITEE’S RESPONSIBILITIES OTHER REQUIREMENTS RFP TIMETABLE EVALUATION CRITERIA INSTRUCTIONS ORGANIZATION Indiana Legal Services Inc. is a non-profit 501(c)(3) organization which ensures the delivery of civil legal assistance to low-income individuals and families across the state. In 2015, Indiana Legal Services, Inc. has $8.6 million in annual funding, $6.5 million of which is funded by the Legal Services Corporation in Washington, DC. Indiana Legal Services, Inc. was established in 1966 and is federally funded by the Legal Services Corporation, the Department of Health and Human Services passed through local agencies on aging, HUD through a community development block grant, and the U.S. Department of the Treasury through a Low Income Taxpayer Clinic grant. Additionally, Indiana Legal Services, Inc. receives state funding from the Civil Legal Aid Fund. Locally, Indiana Legal Services, Inc. receives funding from various United Way agencies as well as private foundations and corporations. Indiana Legal Services receives additional funding generated on a donation basis. Indiana Legal Services, Inc. RFP for Auditors Due by August 7, 2015 Indiana Legal Services, Inc. currently employs 133 staff and has offices in Bloomington, Evansville, Fort Wayne, Indianapolis, Lafayette, Merrillville, New Albany and South Bend, as well as satellite locations in Columbus and Yorktown. All accounting and management functions are performed at the administration office in Indianapolis. ADMINISTRATIVE INFORMATION The ILS Fiscal year is January 1 through December 31. All accounting records are computerized. Microsoft Great Plains Solomon is the software utilized for accounts payable, budget and general ledger. Payroll is processed by ADP. Fixed assets are tracked with Fixed Assets Manager software. Indiana Legal Services, Inc. is open to a multi-year contract, but services will be re-evaluated on an annual basis and subject to an annual engagement letter. Please bid on a three-year period. Prior year audit working papers will be available to the firm selected to succeed the predecessor auditor. It is anticipated the records would be ready for audit by the third week in March. - The final audited financials must be completed and submitted to LSC by April 30. - The audit and finance committee must approve the audit prior to finalizing. - The final reports are approved by the Indiana Legal Services, Inc. board of directors at the annual meeting in late May or early June. AUDIT SPECIFICATIONS The provider selected for the audit of Indiana Legal Services, Inc. must complete the following specifications: 1. The audit will encompass a financial and compliance examination of the basic financial statements, supplementary information and compliance reports in accordance with the laws and/or regulations of the State of Indiana, which include requirements for the minimum scope of the audit. The financial and compliance audit will cover federal, state and local funding sources in accordance with Generally Accepted Accounting Principles and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General in the United States, the Audit Guide of Recipients and Auditors (the Audit Guide), and the, Compliance Supplement for Audits of LSC Recipients (the Compliance Supplement), both issued by Legal Services Corporation Office of Inspector General. The audit will also be required to be performed in accordance with the Single Audit Act of 1984, the Single Audit Act Amendments of 1996, the provisions of OMB Circular A-133, Audits of State, Local Governments and Non-Profit Organizations, including revisions published in the Federal Register; the State Single Audit Implementation Act and all other applicable laws and regulations. 2. The audit report shall contain the following provisions: Independent Auditor’s Report Financial Statements: o Statement of Financial Position Indiana Legal Services, Inc. o Statement of Activities o Statement of Functional Expenses o Statement of Cash Flows o RFP for Auditors Due by August 7, 2015 Notes to Financial Statements Additional Reports and Information Required Under Single Audit Act o Report of Independent Auditors on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit Of Financial Statements Performed In Accordance With Government Auditing Standards o Report of Independent Auditors on Compliance For Each Major Federal Program and on Internal Control Over Compliance Required by OMB Circular A-133 o Schedule of Findings and Questioned Costs o Summary Schedule of Prior Audit Findings Supplementary Information o Schedule of Expenditures of Federal Awards o Schedule of Activities – Legal Services Corporation Grants o Schedule of Activities – Aging Grants o Schedule of Activities – United Way Grants o Schedule of Activities – Other Grants o Schedule of PAI Expenses 3. The provider shall prepare a comprehensive management letter for the audit period. 4. The provider will complete and submit the 990 and 5500 tax forms to the IRS. 5. The audit transmittal form is to be completed and sent with reports to the Single Audit Clearinghouse. 6. The provider shall provide copies of the draft audited financial statements to the staff prior to presentation to the Audit and Finance Committee of the Indiana Legal Services, Inc. board of directors, which will happen in time for submission of the final report to the Legal Services Corporation on April 30. 7. The provider selected shall make a presentation to the Indiana Legal Services, Inc. board of directors at its annual meeting. - The final audited financials must be completed and submitted to LSC by April 30. - The audit and finance committee must approve the audit prior to finalizing. - The final reports are approved by the Indiana Legal Services, Inc. board of directors at the annual meeting in late May or early June. ITEMS TO BE INCLUDED IN YOUR PROPOSAL Indiana Legal Services, Inc. RFP for Auditors Due by August 7, 2015 GENERAL INFORMATION 1. Provide a brief description of your firm including an organizational chart, which indicates how many partners and professionals work in your accounting and tax departments. 2. Outline your audit approach to our engagement, including your approach to staffing our engagement. 3. Submit the qualifications of those partners and professionals who will be working on the Indiana Legal Services, Inc. engagement. Include specifically non-profit expertise, A-133 and grant compliance experience, any LSC-funded program experience, and your firm’s dedication to serving not-for-profits. Indiana Legal Services, Inc. requests disclosure of any Administrative proceedings that have been levied against the partner or employee including any corrective actions. Additionally, please describe the firm’s tax expertise, especially regarding IRS 990 and 5500 preparation. 4. Submit the names of three companies or corporations for which these individuals have provided similar services on your behalf. Please provide the name and telephone numbers of the appropriate person with whom your staff has worked on these engagements. Please advise if Indiana Legal Services, Inc. Inc. may contact these individuals for the purpose of a reference. 5. Submit a copy of your last annual external quality control review report, or peer review. 6. Describe any resources provided by your firm such as continuing education or not-for-profit newsletters. WORK PLAN AND TIMETABLE 1. Specifically identify the significant steps in your audit plan and your specific time schedule to complete the fiscal year audits. 2. Identify the amount of start-up time that you will need in order to have a full understanding of Indiana Legal Services, Inc. Start-up time will be considered your investment in this relationship. Indicate when your firm would be incurring the start-up time. INSURANCE AND SPECIAL PROVISIONS 1. The provider shall indemnify and hold harmless, Indiana Legal Services, Inc., its officers and employees from all suits, actions, or claims of any kind brought because of injuries or damage received or sustained by any person, persons, or property; on account of the operations of Indiana Legal Services, Inc.; or on account of or in consequence of any neglect in safeguarding the work; or because of any act or omission, neglect, or misconduct of said provider or from any claims or amounts arising or recovered under the Worker’s Compensation Act or any other law, ordinance or decree. 2. The provider shall submit evidence of coverage by general professional liability insurance for this engagement in an amount equal to the contract price. Proof of insurance shall be submitted to Indiana Legal Services, Inc. upon receipt of official Notice of Award. COST Indiana Legal Services, Inc. RFP for Auditors Due by August 7, 2015 Provide a separate, detailed cost breakdown for each of the next three fiscal years of required services requested in the RFP. In a chart, describe the fee basis and number of hours required for the partner, the in-charge manager, and other staff. Also please describe the fees and hours required by position for the preparation of the tax forms 990 and 5500. Please indicate whether fees are fixed, or a guaranteed maximum. POTENTIAL PROVIDERS The universe of potential providers to perform the audit will be defined to be those CPAs/firms licensed to practice in the State of Indiana and qualified to perform A-133 audits. SUBCONTRACT The provider is prohibited from subcontracting, assigning, transferring, conveying, subletting or otherwise disposing of this agreement or its rights, title, or interest therein or its power to execute such agreement to any other person, company, or corporation without the prior written consent of Indiana Legal Services, Inc. All approved assignments, subletting or other transfers referred to herein must abide by the provision of the agreement. WORK PAPERS The provider shall maintain all required work papers and records in accordance with law or any regulatory requirements. After the approved retention period, Indiana Legal Services shall have the option to take possession of the work papers whenever the provider decides to dispose of them. Indiana Legal services shall have access to any materials provided to auditor in connection with the A-133 audit. PUBLICATIONS Any reports, information, data, etc., furnished by Indiana Legal Services, Inc. to the provider which the provider is requested to keep confidential shall not be made available by the provider to any individual or organization without the prior written approval of Indiana Legal Services. No reports or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the provider. Content of the audit may not be released without the written consent of the Indiana Legal Services, Inc. Indiana Legal Services, Inc. RFP for Auditors Due by August 7, 2015 PARTIAL PERFORMANCE Should the provider fail to comply with the provisions of this agreement, payment for portions of the agreement will be withheld until such time as the contract terms have been implemented. Administrative, contractual, or legal remedies as determined by Indiana Legal Services, Inc.’s counsel will be implemented if it appears the provider has breached or defaulted on the contract. CANCELLATION Indiana Legal Services, Inc. may, upon ten days written notice to the provider, terminate this agreement, in whole or in part, for just cause, which shall include failure of the provider to fulfill in a timely and proper manner the obligations under the contract. In such event, all finished documents, data, reports, etc. prepared under the contract shall, at the option of Indiana Legal Services, Inc., become its property upon payment for services rendered through the termination of this contract. As stated in Administrative Information above, services will be re-evaluated on an annual basis and subject to an annual engagement letter. PROVIDER’S RESPONSIBILITIES The provider shall be responsible for personnel, supplies and equipment. The provider shall allow for necessary planning and budgeting of future audit work. The provider shall provide the approximate number of professional staff hours spent in conducting the audit work. The provider shall be responsible for correcting all material errors and omissions in the performance of the contract found by ILS or any third party receiving the auditor’s product.. The provider shall provide, at least two weeks prior to submission of the final report, a draft copy of the audit report to the auditee and discuss its contents with representatives of Indiana Legal Services, Inc. The auditee will provide responses in writing to the provider. These agency responses and any comments by the provider relating to them shall be included in the final audit report. The audit report is to be issued no later than April 15th for each audit year. AUDITEE’S RESPONSIBILITIES Office space will be provided to accomplish the audit. Auditee will make all files and records available to the provider. Indiana Legal Services, Inc. RFP for Auditors Due by August 7, 2015 Auditee shall timely comply with all requests of the provider. The auditee shall provide assistance to the provider, such as gathering supporting documents. The accounting staff of Indiana Legal Services, Inc. will provide: - The year-end trial balance and general ledger detail - All subsidiary ledgers - Interim financial statements - All supporting schedules - Draft Year-end Statements of Activities in detail by funder OTHER REQUIREMENTS Describe any topics not covered in the Request for Proposals which you would like to bring to the attention of Indiana Legal Services, Inc.. RFP TIMETABLE Notice of RFP to candidate firms July 13, 2015 Submission to ILS by August 7, 2015 Interviews of 2 best candidates August 20, 21 or 24, 2015 F & A Committee meeting to approve award August 31 – September 4, 2015 ILS board meeting to consider committee recommendation September 11, 2015 Notice of award September 14, 2015 EVALUATION CRITERIA The audit will be awarded based on a weighted scale. Proposals will be evaluated and subsequent judgments made on criteria as follows: Indiana Legal Services, Inc. RFP for Auditors Due by August 7, 2015 FACTOR 1. Qualifications a. Organizational structure and size of the firm. b. Organizational structure and size of the office performing the work. c. Recent experience in similar audits. d. Qualifications of the audit team and number of individuals experienced in nonprofit auditing, federal funding and compliance. e. Individuals with whom the audit team may consult. f. Understanding of the work and timetable to complete the engagement. 2. Cost Overall cost is evaluated, including out-of-pocket expenses for performance of the audit. 3. Submission of Proposals All submissions shall include the requested pricing information. These documents will become part of the agreement between the firm and Indiana Legal Services, Inc. 4. Evaluation Evaluation of each proposal will be based on a point system for each section of the proposal. Price will be limited to 20% of total available points. 5. Review Process Indiana Legal Services, Inc. may, at its discretion, request presentations by or a meeting with any or all firms, to clarify or negotiate modifications to the firm’s proposal. However, Indiana Legal Services, Inc. reserves the right to make an award without further discussion of the proposals submitted. Therefore, proposals should be submitted initially on the most favorable terms, from both technical and price standpoints, that the firm can propose. Indiana Legal Services, Inc. is not obligated to select the audit firm with the lowest cost. INSTRUCTIONS 1. Keep your proposal, excluding exhibits, with a limit of ten (10) pages. A brief executive letter should accompany the proposal. 2. No proposal will be considered unless it is signed by an officer or authorized representative. Electronically submitted proposals will be accepted c/o joe.simpson@ilsi.net . Indiana Legal Services, Inc. RFP for Auditors Due by August 7, 2015 3. A proposal that is in the possession of Indiana Legal Services, Inc. may be altered in writing bearing the signature or name of the authorized person, provided it is received PRIOR to the date and time of the submission deadline. 4. A proposal that is in the possession of Indiana Legal Services, Inc. may be withdrawn by the authorized company representative up to the award of the contract. Failure of the successful provider to furnish the services awarded as a result of this RFP shall eliminate the proposer from consideration of any future RFP. 5. Indiana Legal Services, Inc. hereby notifies all proposers that it will affirmatively insure that minority business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against based on race, color, gender, sexual orientation, age, creed, national origin, or disabling condition. 6. The successful provider will be required to enter into and sign a formal agreement with Indiana Legal Services, Inc. The agreement will be in effect for the duration of the auditing period. 7. The provider shall specify what audit work papers the staff of Indiana Legal Services, Inc. shall be responsible to prepare. 8. Submit the proposal to electronically to joe.simpson@ilsi.net by close of business Friday, August 7, 2015. 9. Notice of award: Monday, September 14, 2015.