clayton county telecom rfp

Board of Commissioners of Clayton County Central Services Department

7994 North McDonough Street, Jonesboro, GA 30236 Phone: 770-477-3587 Fax: 770-477-3335

Website: www.claytoncountyga.gov/departments/central-services

__________ Theodis R. Locke ________________ Theodis R. Locke, Director of Central Services

Authorized Purchasing Agent for Clayton County

REQUEST FOR PROPOSAL

Sealed Envelope shall be marked with the following information: TELECOMMUNICATION AND DATA SERVICES - ANNUAL CONTRACT

RFP PKG #13-41 OPENING: 2:00 P.M. AUGUST 15, 2013 SCHEDULE OF RFP PKG #13-41 Events

A Non-Mandatory Pre-Proposal Conference has been scheduled on July 25, 2013 at 10:00 A.M. in the Central Services Conference Room, 7994 North McDonough Street, Jonesboro, Georgia 30236.

10:00 A.M. July 25, 2013

Deadline for requests for clarifications and questions. These requests must be emailed to: [email protected]

5:00 P.M. August 1, 2013

Clarifications, modifications and/or answers will be posted on the Clayton County’s website: www.clayton.ga.us/central_svcs/bids

2:00 P.M. August 8, 2013

Sealed proposals will be accepted until the opening date and time. Any late submittals received shall not be considered. Submittals are to be delivered to Clayton County Central Services, 7994 North McDonough Street, Jonesboro, GA 30236.

2:00 P.M. August 15, 2013

THIS FORM MUST BE SIGNED AND SUBMITTED TO BE CONSIDERED FOR AWARD COMPANY NAME: DATE:

MAILING ADDRESS: PHONE:

CITY: FAX:

STATE: ZIP: SSN OR FEDERAL TAX ID:

EMAIL: TITLE OF AUTHORIZED REPRESENTATIVE:

PRINTED NAME: AUTHORIZED SIGNATURE:

If you do not want to respond to this solicitation or would like to be removed from the Proposer Data Base, mark the appropriate space and return this sheet only and fax/mail to this office immediately. __Remove our firm from your Proposer’s List for this commodity __No Proposal will be submitted

RFP #13-41 TELECOMMUNICATION & DATA SERVICES of 34

http://www.claytoncountyga.gov/departments/central-services

mailto:[email protected]

TELECOMMUNICATION AND DATA SERVICES – ANNUAL CONTRACT RFP PKG #13-41 OPENING: 2:00 P.M. DATE: AUGUST 15, 2013

Clayton County welcomes and encourages all participation. The County actively solicits small businesses, businesses owned by women and businesses owned by minorities for all procurement transactions made by the County. If your company is not presently on the County’s Proposer’s list, an application is available on the county’s website: www.claytoncountyga.gov/departments/central-services Clayton County is always very conscious and extremely appreciative of the time and effort you must expend to submit an offer. If the Proposer does not wish to submit an offer at this time but desires to remain on the list for bid/proposal opportunities, please submit a “no offer” response by indicating this choice on page 1 and returning the form to Central Services either by mail or fax.

REQUEST FOR PROPOSAL

TELECOMMUNICATION AND DATA SERVICES

ANNUAL CONTRACT

Release Date: July 12, 2013



SUBMITTAL CHECKLIST Important Instructions:

I. To ensure the completeness and responsiveness of your proposal, please use the following checklist to

verify all necessary information is included in your proposal.

II. Failure to submit any of the items marked below with a check () shall cause rejection of the Proposal and shall not be considered a minor irregularity.

III. The proposal documents must be submitted as one (1) unbound marked “original” proposal (not to exceed a ½” capacity ring binder) with seven (7) bound copies and one (1) CD media in PDF format.

IV. The cost proposal must be submitted in a separate envelope with RFP Pkg. information on outside of envelope and marked FEE PROPOSAL SHEETS.

DOCUMENTATION DESCRIPTION ITEMS MARKED WITH A CHECK MUST BE SUBMITTED WITH YOUR RESPONSE INITIAL

1. SOLICITATION FORM (PAGE 1 OF THIS DOCUMENT)

2. ADDENDA, IF APPLICABLE

3. PROPOSAL COST FORMS (PAGE 14 OF THIS DOCUMENT)

4. W- 9 FORM

5. JOINT VENTURE DISCLOSURE FORM (PAGE 27 OF THIS DOCUMENT)

6. NON-CONFLICT OF INTEREST FORM (PAGE 26 OF THIS DOCUMENT)

7. CORPORATE CERTIFICATE (PAGE 28 OF THIS DOCUMENT)

8. GA AUTHORIZATION SECURITY & IMMIGRATION PROPOSER AFFIDAVIT (PAGE 29 OF THIS DOCUMENT)

9. COPY OF PROPOSER’S BUSINESS LICENSE AND/OR CERTIFICATE

10. PROOF OF CURRENT INSURANCE (FIRM’S CAPABILITY TO PROVIDE INSURANCE REQUIREMENT)

11. SAVE AFFIDAVIT (PAGE 30 OF THIS DOCUMENT)

12. EXHIBIT “A” SMALL LOCAL BUSINESS AND NON-DISCRIMINATION PROGRAM A.1 COVENANT OF NON-DISCRIMINATION A.2 STATEMENT OF SUCCESSFUL SUBCONTRACTORS A.3 STATEMENT OF INTERESTED SUBCONTRACTORS/PROPOSERS A.4 STATEMENT OF BID PROPOSALS/PRICE QUOTATIONS (SEE ATTACHED SPREADSHEETS FOR EXHIBITS A.2- A.4) ________ ***This Checklist is an integral part of RFB #13-41. This Checklist must be completed, signed and attached to the RFP to acknowledge receipt and compliance with the County’s requirements. ***

______________________________ Signature/Title

_____________________ ________ _ Company Name


TABLE OF CONTENTS

1 INTENT .......................................................................................................................................... 6

2 OVERVIEW/BACKGROUND ...................................................................................................... 6

3 SCOPE OF WORK/SPECIFICATIONS ........................................................................................ 6

SECTION I – TELECOMMUNICATION SERVICES..................................................... 6

SECTION II – DATA SERVICES ..................................................................................... 7

4 COST INCLUSIONS, PRICING AND BILLING ......................................................................... 8

5 PROPOSAL CONDITIONS........................................................................................................... 8

6 EVALUATION AND SELECTION CRITERIA........................................................................... 9

7 PROPOSAL DOCUMENT PREPARATION .............................................................................. 11

8 TECHNICAL PROPOSAL FORMAT AND CONTENT............................................................ 12

9 PROPOSAL FEE FORMS............................................................................................................ 14

10 INSURANCE................................................................................................................................ 16

11 CLARIFICATIONS AND COMMUNICATION TO COUNTY CONCERNING RFP............. 18

12 NON-COLLUSION ...................................................................................................................... 19

13 PROPOSAL AND CONTRACT DOCUMENTS ........................................................................ 19

14 DISCOUNTS ................................................................................................................................ 19

15 COUNTY’S TAX EXEMPTION ................................................................................................. 19

16 CODES, PERMITS, FEES, LICENSES & LAWS ...................................................................... 20

17 ANNUAL CONTRACT SPECIAL TERMS AND CONDITIONS............................................. 20

18 TERMS AND CONDITIONS ...................................................................................................... 21

19 ASSIGNMENT............................................................................................................................. 22

20 NONDISCRIMINATION............................................................................................................. 22

21 PERFORMANCE OF CONTRACT ............................................................................................ 22

22 DEFAULT AND TERMINATION .............................................................................................. 22

23 FORCE MAJEURE ...................................................................................................................... 23

24 WAIVER....................................................................................................................................... 24

25 PURCHASE ORDER ................................................................................................................... 24

26 INVOICES .................................................................................................................................... 24

27 PAYMENT ................................................................................................................................... 24

28 SLBE PROGRAM ........................................................................................................................ 25



FORMS:

NON-CONFLICT OF INTEREST ............................................................................................ 26

JOINT VENTURE DISCLOSURE ........................................................................................... 27

CORPORATE CERTIFICATE ................................................................................................. 28

GEORGIA SECURITY & IMMIGRATION COMPLIANCE FORM..................................... 29

SAVE AFFIDAVIT ................................................................................................................... 30

EXHIBITS:

EXHIBIT “A” SLBE PROGRAM:

A.1 COVENANT OF NON-DISCRIMINATION FORM ........................................... 34

A.2 STATEMENT OF SUCCESSFUL SUBCONTRACTORS

A.3 STATEMENT OF INTERESTED SUBCONTRACTORS/PROPOSERS

A.4 STATEMENT OF BID PROPOSALS/PRICE QUOTATIONS

A 5 MONTHLY UTILIZATION REPORT

A.6 LETTER OF INTENT

(SEE ATTACHED SPREADSHEETS FOR EXHIBITS A.2-A.5)


A Non-Mandatory Pre-Proposal Conference will be held on July 25, 2013 at 10:00 AM in the Central Services Conference Room, 7994 North McDonough Street, Jonesboro, GA 30236. 1. INTENT

Clayton County Board of Commissioners (the County) is issuing this Request for Proposals (RFP) seeking proposals from qualified Proposers to procure reliable voice, telecommunication and data services (Services) for its various departments to conduct operations and to allow for expansion of its current voice and data network at speeds acceptable for County business.

2. OVERVIEW/BACKGROUND

2.1 These Services will replace the County’s existing telecommunications and data communication services.

2.2 The County has been a user of such Services for many years. The rapid growth of

use, as well as the increased dependence on voice and data connectivity by staff, administration and the community, has increased the County’s need for responsiveness, reliability and availability 365 days per year, 24 hours per day.

2.3 The initial contract term shall be two years. By mutual agreement between the

Proposer and the County, the contract may be renewed for three (3) additional one (1) year periods.

3. SCOPE OF WORK/SPECIFICATIONS

YOU MUST SUBMIT A SEPARATE TECHNICAL RESPONSE AND FEE COST FOR EACH SECTION LISTED BELOW

SECTION I – TELECOMMUNICATION SERVICES 3.1 The County requires the following Services:

Telecommunications - Telephone Lines

- SIP Primary Rate Interface (PRI) delivered via fiber or ethernet

- Direct Inward Dial (DID) Numbers o Number Blocks o Single Numbers

- T-1 or Bonded T-1s

3.1.1 Telephone Lines: The County has several normal, single phone lines that are dedicated for fax machines, dedicated modems for alarm and monitoring systems, and sometimes as just local departmental backup in case the WAN and/or the switches/PRI’s fail. The County does not have a preference of how these Services are provided. . The Proposer should designate the mechanism whereby the normal, single phone lines can continue to be most cost effectively provided external to the existing switch/PRI system (the existing copper from the demarcation point to the PBX/handset already exists) whether by POTS, Central office exchange or loop starts.


SECTION II – DATA SERVICES

3.2 The County is seeking Data Connectivity Services meeting, at mininmum, the following:

- Business Class DSL (6.0 Mbps)

- T-1 or Bonded T-1s

- Metro Ethernet o 10 Mpbs o 20 Mbps o 50 Mbps o 100 Mbps o 500 Mbps

The Proposer shall provide Quality of Service (QoS) on all data connections is required. QoS costs shall be included in the proposal costs.

ADDITIONAL SCOPE OF WORK/SPECIFICATIONS FOR BOTH SECTION I AND II

3.3 Timeframe for Implementation of Services 3.3.1 The County will work with the successful Proposer to establish a timeline

for installation of all Services accepted. 3.3.2 The County desires to transition all services to the Proposer in a time

frame not to exceed eight (8) weeks from execution of the contract. The County is willing to negotiate this timeframe based upon the scope of Services to be provided and transition periods with its existing service provider.

3.3.3 The Proposer’s ability to substantially meet this time frame will be part of

the evaluation criteria.

3.4 Availability of Services: The County shall require all Proposers to provide the following:

3.4.1 Proposer should guarantee the availability of all services (WAN and

Internet) at 99.997% as calculated by the following formula:

(Hours in a Day) x (Days in a Month) x (Number of Sites) – (Outage Time in Hours) (Hours in a Day) x (Days in a Month) x (Number of Sites)

3.4.2 The Proposer shall guarantee the throughput of the network meets the

quoted rate, taking into account normal network overhead, 99.997% of the time. The Proposer must propose a throughput measurement tool to measure and ensure compliance with this requirement.

3.4.3 The Proposer will be required to provide monthly reports and ad hoc

reports to the County’s Information Technology Department (DOIT) to


allow for assessment of network usage trends. 3.4.4 The County shall not pay for network outage time that exceeds .001

percent on a per site basis. To accommodate growing and future bandwidth requirements, the County would like option(s) (i.e. 100Mbps, 250Mbps, 500Mbps, 1Gbps, etc.) during the term of the Contract to upgrade service up to 10,000Mbps. Proposer shall provide pricing structure for the County’s increased bandwidth options.

3.4.5 The County may have the need to increase bandwidth to accommodate a

1-2 month common core standard testing period that tentatively goes into effect in 2015. Proposers shall provide costs for the increased bandwidth applicable to these specified months.

3.4.6 All Services shall be provided in compliance with all applicable Federal Communications Commission (FCC) regulations, tariffs, and all State and Federal laws governing telecommunication and data Services, including, but not limited to______,

REQUIREMENTS FOR BOTH SECTION I AND II

4. COST INCLUSIONS, PRICING AND BILLING

4.1 The pricing and billing of Services are both important components to meet the

expectations of the County. The Proposer’s appropriate presentment of bills, easily understood pricing and billing summaries will aid in decreasing administrative costs incurred by the County.

4.2 The Proposer’s response is expected to be thorough, accurate and include ALL

costs that must be borne by the County to implement and sustain the Services including;

4.2.1 Installation Costs: Any and all installation costs (on a line item basis)

will be waived. It is the County’s desire that any make-ready costs are to be absorbed by the Proposer when possible. At a minimum, Proposer shall include in its Proposal all make-ready costs for Services on a per location basis and for the overall network.

4.2.2 Equipment and Costs: The County currently provides and maintains all

equipment necessary to interface to the services subsequent to the demarcation points (commonly known as Customer Provided Equipment). This includes all routers, CSU/DSU, DTE, handsets, PBX’s, etc. The ILEC currently being used by the County is provided by AT&T. All equipment proposed which is necessary to connect to the demarcation point shall be explicitly set forth in the proposal.

4.2.3 Recurring Costs: All recurring costs, if any, (e.g., maintenance, annual

renewal, support, servicing) extraneous to the actual service line item, shall be explicitly set forth as individual line items in the proposal costs.


4.2.4 Variable Costs: The County seeks as much as possible a contract in which the variable is only the quantity of goods and services consumed during contract period – not variations in the cost of the individual line items. The Proposer’s inclusion of variable costs other than those explicitly detailed as surcharges to the actual service line items is strongly discouraged and may be considered grounds for non-responsiveness. Such variable costs include tariff-based pricing against regulated and/or non-regulated tariffs.

4.2.5 Tiered Pricing: The County strongly discourages tiered-pricing response

where rewards/penalties are incurred based on utilization rates. Such pricing may be considered grounds for finding proposal to be non-responsive to the County’s specifications.

5. REJECTION OF PROPOSALS

5.1 The issuance of this RFP and acceptance of proposals does not commit County to award a contract. County explicitly reserves its right to accept or reject any or all proposals if it determines it is in its best interest to do so. County will notify all Proposers in writing, if County rejects all proposals. County also reserves the right to terminate the RFP process at any time.

5.2 Proposers shall not contact any County officers, elected officials, , or employees

of the County regarding any aspect of this procurement, until after the award of the contract with the exception of specified persons within Central Services. Contact with any of the above mentioned individuals shall be grounds for the rejection of Proposer’s proposal.

6. EVALUATION AND SELECTION CRITERIA

EACH SECTION WILL BE EVALUATED AND SCORED SEPARATELY

6.1 The County’s selection of a firm to provide telecommunication and data Services shall be based upon the demonstrated competence and qualifications of the firm to provide the type of Services required. Each proposal will be evaluated and scored by the County’s staff utilizing the criteria set forth below.

6.2 The Proposer’s submittal must fully address the requirements listed in this solicitation and the Proposer’s degree of experience, knowledge, and ability to provide experienced and qualified support staff. The proposal submitted by the Proposer is not to have any exclusions, conditions or provisions applied to the aforementioned request. It is the County’s intention to select a firm which is the most qualified to meet its needs. The award shall be based upon the following factors, including, when applicable, the Proposer’s past performance in providing Services to the County:


RFP EVALUATION CRITERIA Scoring Value

Maximum Points Relevant Experiences/References. Provide details of your firm’s experience in the areas covered by this proposal. This should include a sample of your firms work. List of projects completed within the last three (3) years that are similar in type, size, and complexity. Indicate the client name, address, phone number, and relevant information about each project.

25

Flexibility of Services and/or Plan for Growth. Provide details of your firm’s ability to expand services on demand. Please provide any details necessary to explain how this can be accomplished and the timeframe necessary to complete the requested growth/speed.

30

Qualifications of Proposer and Proposer’s personnel. Describe education and experience of all supervisors, managers and any other professional who will be involved with this project.

25

Fee Structure. Willingness of the firm to provide the desired services at a fair and reasonable fee that presents the most cost efficient terms to the County.

20

MAXIMUM SCORING POINTS TOTAL 100 Oral Presentation – At the sole discretion of the Director of Central Services, an interview/presentation may be required before the final selection and award to a Proposer. Submittal of material and information during an interview/presentation could add up to 15 additional points to the total score of the Proposer.

15 (possible additional

points if an oral presentation is

requested)

The Scoring Formula for the above Scoring Value Maximum Points is as follows: Excellent .75 - 1.00 Good .50 - .74 Fair .25 - .49 Poor 0 - .24 Multiply scoring formula by possible scoring value maximum point allotment. Example: If you score a firm .6 (Good) on Flexibility of Services and/or Plan for Growth and multiply .60 x 25 (maximum scoring points), this would equal to 15 points.

SPECIAL NOTE - the Proposal Cost will be evaluated as follows: Low Conforming Proposal 20 points Proposals within 5% of Low Proposal 15 points Proposals within 7% of Low Proposal 10 points All Others 5 points

Best and Final Offer Process represents an optional step in the County’s selection process and may be used when:

a. No single response addresses all the specifications. b. The cost submitted by all proposers is too high. c. The scores of two (2) or more Proposers are very close after the evaluation

process. d. All proposals are deficient in one or more areas.

6.3 The County reserves the right to remove the high score and the low score for

each Proposer if deemed necessary.


6.4 The County reserves the right to negotiate the fee and/or Scope of Services with

the highest ranked Proposer. If negotiations cannot be completed successfully, then the County reserves the right to negotiate with the second highest ranked firm. Recommendation for an award will be for the Proposer with whom contract negotiations were successful.

6.5 Upon approval of the successful Proposer by the County’s Board of Commissioners, the Proposer will be provided two (2) unsigned contracts. The Proposer shall return to the County the two signed contracts, the insurance certificate with detailed coverage and all other documents as listed in this RFP or required by the County within fourteen (14) calendar days of receipt of the contracts.

6.6 Proposers shall not contact any County officers, elected officials, members, or

employees of County regarding any aspect of this procurement, until after the award of the contract with the exception of specified persons within Central Services. Contact with the above mentioned individuals shall be grounds for rejection of proposal.

6.7 The County reserves the right to negotiate adjustments in any and all elements

of the proposals so long as such adjustments do not increase the total compensation paid by the County over the total proposed price set forth in the submitted proposals.

6.8 Where the RFP requires the Proposers to submit a number of days, or to submit

a milestone chart, the days used shall be calendar days unless otherwise specified herein.

6.9 Any proposal submitted shall remain valid for six months after the proposal due date or until the County executes a contract, whichever is sooner. The County may, in the event the selected Proposer fails to perform and/or the contract is terminated within forty-five days of its initiation, request the Proposer submitting the next acceptable proposal to honor its proposal.

7. PROPOSAL DOCUMENT PREPARATION

REQUIREMENTS FOR BOTH SECTION I AND II

Proposal preparation guidelines are as follows:

7.1 One (1) unbound clearly marked “original” document (not to exceed a ½” capacity ring binder), seven (7) bound copies and one (1) CD media in PDF format, must be provided to Clayton County’s Central Services Department at 7994 N. McDonough Street, Jonesboro, Georgia, 30236. These documents shall be delivered in a sealed envelope marked “Telecommunication & Data Services – Annual Contract – Section I and another separate package for Section II with the name of the Proposer clearly visible in the upper left hand corner. The Proposer shall identify their firm on the cover sheet of each proposal (the original and copies). Proposals are required to be submitted per RFP instructions and must be


typewritten or printed in ink. Cover page shall have the company name, address and primary point of contact.

7.2 Inclusion of non-project specific information is discouraged. 7.3 Proposer shall offer a written proposal, which presents its qualifications and

understanding of the work to be performed. 7.4 Proposer shall address each item of the required specifications separately and be

specific in presenting qualifications. 7.5 The proposal should provide all the information considered pertinent to your

qualifications for this project. 7.6 By executing the cover sheet, the Proposer acknowledges that it has read the

RFP, understands the provisions, and agrees to be bound by its terms and conditions.

7.7 It is the responsibility of each Proposer to examine the entire RFP, seek

clarification in writing as necessary during the question period only, and review its submittal for accuracy. Questions relating to the RFP must be submitted in writing by email to: [email protected]. The deadline for submission of questions relating to the RFP is August 1, 2013 at 5:00 P.M. All questions submitted in writing prior to the deadline, will be complied and answered in writing in the form of an addendum posted on the County’s website, www.claytoncountyga.gov/departments/central-services by 2:00 P.M. on August 8, 2013.

8. TECHNICAL PROPOSAL FORMAT AND CONTENT

EACH SECTION SHALL CONTAIN THE FOLLOWING:

The Technical Proposal shall include the appropriate and requested information in sufficient detail to demonstrate the Proposer’s knowledge, skills and abilities to provide requested Services. The Technical Proposal shall be arranged and include content as described below:

Section A – Executive Summary The executive summary shall include a brief statement of approach to the work, understanding of the Project’s goals and objectives and demonstrated understanding of the potential problems and concerns. Previous experience that demonstrates the Proposer’s competence to perform the work requested in this RFP shall be submitted by the Proposer.

mailto:[email protected]



Section B – Telecommunication and Data Services – Annual Contract

A. Name, address and telephone number of one (1) individual to whom all future correspondence and/or communications will be directed.

B. Address the management approach to completing the Project work

identified in the Scope of Work.

Section C – Relevant Project Experience

A. The Proposer shall demonstrate an understanding of the County’s goals and objectives for the RFP. All Proposers are required to describe in detail how it will accomplish the County’s requirements:

B. Provide a description of the experience of the firm on similar projects. C. Describe how Services will be provided, the plan for implementation of

the County’s need for increased Services, and set forth a transition plan. D. Explain the Proposer’s process for ensuring all staff providing Services

will meet all requirements and standards of this RFP. E. Provide information on the technical experience, education and experience

of your company’s team members who will be dedicated to this project. F. Provide resume on key team members and organized according to the

following:

Name and title. Professional Background.

G. Provide an organization chart depicting the personnel to be used on the Project, their area of expertise and the chain of command.

8.2 Proposer shall provide a detailed price structure for the requested services. (SEE

SECTION 9 – MUST SUBMIT A FEE COST SHEET FOR EACH SECTION)

8.3 References: List all other contracts where Services of the types being proposed

were provided in the past three (3) years by your firm. This should include other state, county and city governments and and provide up to date contact information. The County reserves the right to obtain references from any of the parties listed.


9. PROPOSAL FEE FORMS

RFP PKG. # 13-41

TELECOMMUNICATION AND DATA SERVICES – ANNUAL CONTRACT

SECTION I (Note: Proposer must submit its fees on the following sheet. Seal in a separate envelope

and label “Proposal Fee and Cost Sheet” and submit with the original proposal)

SECTION I – TELECOMMUNICATION SERVICES

Monthly Recurring Charge Analog Telephone Lines SIP PRI Circuits DID Single Numbers DID Number Blocks (20 per) T-1 Bonded T-1s

TOTAL

Company Name: _____________________________________________________

Address: _____________________________________________________

_____________________________________________________

Authorized Signature: _____________________________________________________

Printed Name of Authorized Signature: _____________________________________________

Date:________________________________________________________________________


RFP PKG. # 13-41 TELECOMMUNICATION AND DATA SERVICES – ANNUAL CONTRACT

SECTION II

(Note: Proposer must submit its fees on the following sheet. Seal in a separate envelope and label “Proposal Fee and Cost Sheet” and submit with the original proposal)

SECTION II – DATA SERVICES

Monthly Recurring Charge Business Class DSL (6 Mbps x 512 Kbps) T-1 Bonded T-1s Metro Ethernet Service (QoS & Multiple VLAN enabled) 10 Mbps 20 Mbps 50 Mbps 100 Mbps 500 Mbps

TOTAL

Company Name: _____________________________________________________

Address: _____________________________________________________

_____________________________________________________

Authorized Signature: _____________________________________________________

Printed Name of Authorized Signature: _____________________________________________

Date:________________________________________________________________________


10. INSURANCE

Contractor shall procure and maintain, until all of their obligations including any warranty periods under this Contract have been satisfied or otherwise discharged, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, contractor’s agents, representatives, employees or subcontractors.

The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. Clayton County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this contract by the Contractor, its agents, representatives, employees or subcontractors, and Contractor is free to purchase additional insurance.

MINIMUM SCOPE AND LIMITS OF INSURANCE (Contractor shall provide coverage with limits of liability not less than those stated below.)

10.1 Commercial General Liability:

Commercial General Liability -- Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability coverage with limits no less than: General Aggregate $2,000,000 Products – Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Blanket Contractual Liability $1,000,000 Each Occurrence $1,000,000 The policy shall be endorsed to include “Clayton County, GA, its appointed and elected Officials, departments, agencies, boards, commissions, officers, agents, employees and volunteers as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.”

10.2 Business Automobile Liability:

Bodily Injury and Property Damage for any owned, hired, rented, leased and/or non-owned vehicles used in the performance of this Contract with limits no less than: Combined Single Limit (CSL) $1,000,000 The policy shall be endorsed to include “Clayton County, GA, its appointed and elected Officials, departments, agencies, boards, commissions, officers, agents, employees and volunteers as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.”


10.3 Workers’ Compensation:

Workers’ Compensation Coverage: Statutory to meet the State of Georgia Requirements. Employers’ Liability - If applicable, with limits no less than: Each Accident $1,000,000 Disease – Each Employee $1,000,000 Disease – Policy Limit $1,000,000 Policy shall contain a waiver of subrogation in favor of “Clayton County, GA, its appointed and elected Officials, departments, agencies, boards, commissions, officers, agents, employees and volunteers” for losses arising from work performed by or on behalf of the Contractor.

10.4 Additional Insurance Requirements:

a. The Contractor’s insurance coverage shall be primary insurance with respect to all

other available sources. b. Coverage provided by the Contractor shall not be limited to the liability assumed

under the indemnification provisions of this Contract. c. The Contractor may meet the insurance limits set forth herein with any

combination of primary and Umbrella/Excess liability insurance. d. Additional Insured and Waiver of Subrogation endorsements shall be worded

and supplied as listed under each line of coverage.

The Certificate Holder shall be: Clayton County Board of Commissioners Clayton County, Georgia

But delivered to: Clayton County Central Services Department 7994 N. McDonough Street Jonesboro, Georgia 30236

10.5 Cancellation Notice: With the exception of (10) day notice of cancellation for non-

payment of premium, any changes material to compliance with this contract in the insurance policies above shall require (30) days written notice to Clayton County. Such notice shall be sent directly to Clayton County Risk Management Division - Nikki Howard at 770-473-5907 and shall be sent by certified mail, return receipt requested.

10.6 Acceptability of Insurers: Insurance is to be placed with duly licensed or approved

non-admitted insurers in the State of Georgia with an “A.M. Best” rating of not less than A- VII. Clayton County in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.


10.7 Verification of Coverage: Contractor shall furnish Clayton County with certificates of insurance as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

All certificates of insurance and endorsements are to be received and approved by the Risk Management Division before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. The successful Contractor will supply the Certificate of Insurance with their signed agreements or may be faxed to the attention of Nikki Howard at 473-5907.

10.8 Insurance Approval: Any modification or variation from the insurance requirements in this Contract shall be made by Clayton County Risk Management Division whose decision shall be final. Such action may or may not require a formal Contract amendment, or may be made by administrative action.

Clayton County Risk Management contacts all listed Brokers and/or Insurance Carriers to verify coverages and endorsements. Any mistakes on the Certificate of Insurance and/or Endorsements may be addressed at such time as well.

10.9 Subcontractors: It is the sole responsibility of the general Contractor to ensure all subcontractors working under the general Contractor have separately procured any and all types and limits of insurance that is required under any and all pertinent local, state, federal, ordinances or resolutions that is suitable for the particular trade that the sub-contractor is performing. It is also the sole responsibility of the general and/or prime Contractor to ensure any and all subcontractors or vendors carry types and limits of insurance not less than those listed herein and that the subcontractors and/or vendors carry and/or procure endorsements to waive all subrogation rights against and name “Clayton County, GA, its appointed and elected Officials, departments, agencies, boards, commissions, its officers, agents, employees and volunteers” as additional insureds.

11. CLARIFICATION AND COMMUNICATION TO COUNTY CONCERNING RFP

11.1 From time to time, Central Services may have to release written changes to a. The County shall provide notification of any such written addenda to Proposers who have provided contact information to Central Services. However, it is the ultimate responsibility of the Proposer to ensure that they have all applicable addenda prior to its proposal submission. Therefore, we encourage all Proposers to frequently review the County’s web site: claytoncountyga.gov/departments/central-services/view-bids-and-proposals.

11.2 All addenda forms must be signed and submitted with the proposal. All addenda forms must be signed and submitted with the proposal. Failure to respond to any addenda or requests for clarification may result in a finding of a non-responsive proposal.


11.3 The successful firm’s proposal and all addenda may become a part of the contract

resulting from this RFP Pkg. #13-41.

12. NON-COLLUSION By submitting a proposal in response to this solicitation, the Proposer represents that in the preparation and submission of the proposal, that it did not either directly or indirectly, enter into any combination or arrangement with any person, other Proposer, Corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section I or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1 – 68.6 through 59.68.8). Collusion and fraud in proposal preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

13. PROPOSAL AND CONTRACT DOCUMENTS

13.1 A proposal executed by an attorney or agent on behalf of the Proposer shall be accompanied by an authenticated copy of the Power of Attorney or other evidence of authority to act on behalf of the Proposer.

13.2 Corporation – If the Proposer is a corporation, the Certificate of Corporate

Proposer (Appendix A) must be executed. The certificate must be executed under the corporate seal by a duly authorized officer of the corporation. If the Proposer is a corporation, the proposal must be submitted in the name of the Corporation, not simply the corporation’s trade name. In addition, the Proposer must indicate the corporate title of the individual signing the proposal.

13.3 Partnership – If the Proposer is a partnership, all partners must sign the proposal

with a letter of a partnership certification statement (Appendix A) on company letterhead that they are all the partners. If all the partners do not sign the proposal, then the names of all those except limited partners must be furnished on the proposal and evidence of the authority of the signer(s) to execute the proposal on behalf of the partnership.

14. DISCOUNTS Cash discounts for early payment (i.e. 2%-10) or Net 30 terms should be shown separately, even if terms are Net.

15. COUNTY’S TAX EXEMPTION

15.1 The County is exempt from Federal Excise Tax or Georgia Sales Tax with regard

to goods and services purchased directly by Clayton County. Exemption certificates will be furnished upon request.

15.2 The proposal specifications and results will be available on the County’s web site

claytoncountyga.gov/departments/central-services/view-bids-and-proposals.


16. CODES, PERMITS, FEES, LICENSES AND LAWS

16.1 All permits, fees, arrangements for inspections, licenses, and costs incurred for the same shall be the sole responsibility of the successful Proposer.

16.2 State Law regarding Worker Verification requires that all who enter into a contract for the physical performance of services with the County must satisfy O.C.G.A. §13-10-91 and Rule 300-10-1-.02, in all manner, and such are conditions of the contract. By submitting a proposal to the County Proposer certifies that in the event it employs or contracts with any subcontractor(s) in connection with the contract, the Proposer shall secure from the subcontractor(s) such subcontractor(s) indication of the employee-number category applicable to the subcontractor, as well as attestation(s) from such subcontractor(s) that they are in compliance. Such attestation(s) shall be maintained and may be inspected by the County at any time. An affidavit of such compliance included with the proposal, must be signed by the Proposer, and will become part of the contract.

17. ANNUAL CONTRACT SPECIAL TERMS AND CONDITIONS

17.1 CONTRACT TERM: This initial contract term shall be two (2) years. By mutual agreement between the Proposer and the County, the contract would be renewable for three (3) additional one (1) year periods. Renewal of the contract into the second or third year shall be made sixty (60) days prior to the expiration date. If needed, the annual contract will be extended 90 days or for such period beyond the contract expiration date as it may be necessary to afford the County a continuous supply of the services.

17.2 PRICES: By written agreement of renewal, the proposer agrees to supply the services of the contract for the next twelve (12) months' period at the stated and established prices. The proposer is to quote firm prices that will prevail throughout the entire term of the agreement.

17.3 MINIMUM ORDER: No minimum dollar amount of order shall be specified for

the resulting contract. The County must be able to request the services as needed. Any quantity minimum order requirements should be so indicated as part of this proposal for evaluation.

17.4 AWARD: The County reserves the right to award one or more contracts to the responsive and responsible highest scored proposer(s). The County reserves the right to reject any portion of the proposal or the entire proposal(s), if the Director of Central Services deems said action to be in the best interest of the County. The County may waive any technicalities and formalities. The County reserves the right to cancel the solicitation in its entirety. If the successful Proposer, who is awarded the contract, cannot provide the County’s requirements to establish an agreement/contract, the County reserves the right to award the contract to the next highest scored firm.

17.5 SPECIAL STIPULATIONS: The proposer warrants by virtue of submitting a proposal to be considered by the County as duly obligated to perform and adhere to the terms and conditions in this RFP and that all prices quoted will be firm for the contract period. Proposer certifies that the item(s) or service(s) submitted by


the proposer must meet or exceed the proposal specifications. 18. TERMS AND CONDITIONS

18.1 Statement of Warranty. Proposer’s Statement of Warranty should include all applicable manufacturers’ warranty and the Proposer’s warranty in regards to equipment, materials and workmanship. This statement shall include the terms, conditions and the period of warranty coverage. Any exclusion(s) must be clearly stated.

18.2 The successful Proposer will promptly correct all work rejected by the County as

faulty, defective, or failing to conform to the proposal Specifications. 18.3 INDEMNIFICATION - Contractor agrees to indemnify, defend, save and

otherwise hold harmless Clayton County, GA, its elected and appointed officials, departments, agencies, boards, authorities, directors, officers, employees, and volunteers against and/or from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs, attorneys’ fees and any other costs associated and/or related in any way to any claim or litigation for or on account of any property damage, injury or death to any person or action related to such brought by any person and/or estate which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract, except to the extent that such loss results from the sole negligent act of Clayton County, GA. This indemnity provision shall include activities required for compliance with all applicable environmental laws, ordinances and regulations in effect during the term of this Agreement and continue for a period of two years after termination thereof. The successful Contractor agrees to protect Clayton County from claims involving infringements of patents and/or copyrights. The unauthorized use of patented articles is done at the risk of the Contractor. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation laws of the State of Georgia or arising out of the failure of such vendor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Contractor agrees to waive all rights of subrogation and/or financial recovery of any kind in favor of Clayton County, Georgia, its departments, all elected and appointed officials, to include, but not limited to, its commissioners, directors, officers, agents, boards, volunteers and employees for losses arising or alleged to have arisen out of any work performed in relation to this contract.

18.4 Controlling Law, Venue. The terms of any resulting contract shall be governed

by the applicable laws of the County and/or the State of Georgia. Any dispute arising out of the resulting contract, this proposal solicitation, its interpretations, or its performance shall be litigated in the Clayton County Judicial circuit.

18.5 Proposer as Independent Contractor. In conducting its business hereunder, Proposer shall act as an independent Contractor and not as an employee or agent of County. The selection, retention, assignment, direction and payment of Proposer’s employees shall be the sole responsibility of Proposer.


19. ASSIGNMENT

The contract created by the award to the successful Proposer shall not be sold, not be assigned or transferred, in whole or any part hereof, by Proposer by process or operation of law or in any other manner whatsoever, including intra-corporate transfers or reorganizations between or among a subsidiary of Proposer, or with a business entity which is merged or consolidated with Proposer or which purchases a majority or controlling interest in the ownership or assets of Proposer without the prior written consent of County.

20. NONDISCRIMINATION

Notwithstanding any other provision of the contract, during its performance Proposer, for itself, its heirs, personal representatives, successors in interest and assigns, as part of the consideration of this Agreement does hereby covenant and agree, that:

20.1 No person on the grounds of race, color, religion, sex or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination.

20.2 In the furnishing of services or materials no person shall, on the grounds of race, color, religion, sex or national origin, be excluded from participation in, or denied the benefits of, such activities, or otherwise be subjected to discrimination.

21. PERFORMANCE OF CONTRACT

21.1 The County reserves the right to enforce the Proposer’s performance in any manner prescribed by law or deemed to be in the best interest of the County in the event of breach or default of the resulting contract award. It will be understood that time is of the essence in the Proposer’s performance.

21.2 The successful Proposer shall execute the entire work described in the Contract Documents, except to the extent specifically indicated in the Contract documents to be the responsibility of others.

21.3 The Proposer accepts the relationship of trust and confidence established by the award of this solicitation. The Proposer covenants with the County to utilize the Proposer’s best skill, efforts and judgment in furthering the interest of the County; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials; and to perform the work in the best way and most expeditious and economical manner consistent with the interest of the County.

22. DEFAULT AND TERMINATION

22.1 Termination by County. The agreement resulting from this RFP shall be subject to termination by the County at any time in the opinion of the County; the Proposer fails to carry out the contract provisions of any one or more of the


following events:

22.1.1 The default by Proposer in the performance of any of the terms, covenants or conditions of the Contract, and the failure of Proposer to remedy, or undertake to remedy with sufficient forces and to the County’s reasonable satisfaction, the County shall provide the Proposer with notice of any conditions which violate or endanger the performance of the Agreement. If after such notice the Proposer fails to remedy such conditions within thirty (30) days to the satisfaction of the County, the County may exercise their option in writing to terminate the Agreement without further notice to the Proposer and order the Proposer to stop work immediately and vacate the premises, to cancel ordered products and/or services with no expense to the County.

22.1.2 Proposer files a voluntary petition in bankruptcy, including a

reorganization plan, makes a general or other assignment for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the property or affairs of Proposer and such receivership is not vacated within thirty (30) days after the appointment of such receiver.

22.1.4 Proposer’s failure to conduct services according to the approved proposal

specifications. 22.1.5 Proposer’s failure to keep, perform, or observe any other term or condition

of this Agreement. 22.1.6 Proposer’s performance of the contract is unreasonably delayed. 22.1.7 Should the successful Proposer fail to provide the commodities or services

when ordered, and in accordance with the General Terms and Conditions, specifications and any other requirements contained herein are not met, the County reserves the right to purchase commodities or services covered by this proposal elsewhere if available from an alternate source.

22.1.8 The Proposer agrees by its proposal submission that the County’s decision

is final and valid.

23. FORCE MAJEURE

Neither party shall be held to be in breach of the Agreement resulting from this RFP, because of any failure to perform any of its obligations hereunder if said failure is due to any act of God, fire, flood, accident, strike, riot, insurrection, war, or any other cause over which that party has no control. Such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event and the obligation of the party giving such notice shall endeavor to remove or overcome such inability with all reasonable dispatch.


24. WAIVER

The waiver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver any subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof.

25. PURCHASE ORDER

25.1 A purchase order(s) shall be generated by Clayton County Central Services to the successful Proposer for the services specified, after all Proposer required documents have been received. All documents for this Project must reference the Purchase Order number and Proposal Package number.

26. INVOICES

26.1 Invoices should not be faxed, but must be mailed directly to:

Clayton County Information Technology Department Attention: Brett W. Lavender 1383 Government Circle Jonesboro, GA 30236

26.2 Each month’s invoice is to indicate the following minimum information:

• Invoice number • Contract amount • Individual breakdown of staff time and expenses • An overall earned amount (to date) • The previous invoice amount • Amount earned this invoice • Amount due this invoice

26.3 Invoices must be in compliance with terms of the Agreement and must include the

following on all invoices:

Name and address of successful Proposer; Detailed breakdown of all charges for the services or products delivered

stating any applicable period of time; Clayton County’s Purchase Order Number and Proposal Package number; and Invoices shall be based upon actual services rendered, actual work

performance and/or products delivered.

27. PAYMENT

Payment shall be tendered to the successful Proposer upon acceptance and approval by the County for satisfactory compliance with the general terms, conditions and specifications of the Contract; by completed services; verification of delivery of products;


assurance that the product/service performs as specified and warranted; and receipt of a valid invoice.

28. SMALL LOCAL BUSINESS ENTERPRISE AND PROCUREMENT NON-

DISCRIMINATION PROGRAM (SLBE) Clayton County has implemented a Small Local Business and Procurement Non-Discrimination Program by Ordinance No. 2012-229, which was signed into law on November 6, 2012. All bidders are required to complete a Covenant of Non-Discrimination wherein they promise not to engage in discriminatory conduct and to adopt the County’s equal opportunity policies. This form is included in the Appendix. The County also wishes to ensure that Small Local Business Enterprises (SLBEs) have an equitable opportunity to compete for contracts and subcontracts. SLBE goals will be set on a project by project basis for contracts with subcontracting possibilities. Detailed information on the program is contained in Exhibit A. This project does not have a SLBE goal. However, the Proposer must complete all of the forms in Exhibit A in order to be considered responsive. Clayton County will use the information contained on the form for recordkeeping purposes to track the utilization of small businesses.


NON-CONFLICT OF INTEREST

By submitting a proposal in response to this solicitation, the proposer represents that in the preparation and submission of this proposal, said Proposer did not either directly or indirectly, enter into any combination or arrangement with any person, Proposer, Corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section I or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1 – 68.6 through 59.68.8). Collusion and fraud in proposal preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. Proposer certifies that to the best of its knowledge, no circumstances exist which shall cause a conflict of interest in performing services for Clayton County, and that no company or person other than bona fide employees working solely for our firm has been employed or retained to solicit or secure an agreement resulting from this request for proposal. Signature: Type Name: Title:

Firm:


Joint Venture Disclosure If the prime Proponent is a joint venture, please describe below the nature of the joint venture and level of work and financial participation to be provided by the Minority/Female joint venture firm.

Joint Venture Firm

Information

Level of Work

Financial Participation

Signature: _______________________________ Title: _________________________________


CORPORATE CERTIFICATE

Corporations I, ______________________________, certify that I am the _____________________

(title) of the Corporation named as Proposer in the forgoing Proposal; that

______________________________, who signed said Proposal on behalf of the Proposer of

said Corporation; that said Proposal was duly signed for and on behalf of said Corporation by

authority of its Board of Directors, and is within the scope of its corporate powers; that said

Corporation is organized under the laws of the State of ____________.

This _________day of ________________, 20 _____.

___________________________________ (Printed Name) ___________________________________ (Signature) (Corporate Seal must be affixed above) ______________________________________________________________________________ Partnership or other entities: I, ______________________________________________, certify that I am authorized

to sign to commit _________________________________ named a Proposer in the foregoing

Proposal. That said company is formed under the laws of the State of

_______________________.

This _______________ day of _____________________________, 20 _____.

__________________________________ (Printed Name) ___________________________________ (Signature)


GEORGIA SECURITY & IMMIGRATION COMPLIANCE ACT


SAVE AFFIDAVIT CONTRACT WITH A LOCAL GOVERNMENT

STATE OF GEORGIA CLAYTON COUNTY By executing this affidavit under oath, as an applicant for a Clayton County, Georgia contract as referenced in O.C.G.A. § 50-36-1 and the August 1, 2010, “Report of the Attorney General on Public Benefits,” I am stating the following with respect to my ability to enter into a contract with Clayton County: Name of natural person applying on behalf of individual, business, corporation, partnership or other private entity) As a representative of:

(Name of the business, corporation, partnership, or other private entity)

(1) ________ I am 18 years of age or older. (2) ________ I am a United States citizen. (3) ________ I am a legal permanent resident. My Alien Registration Number is

______________. (4) ________ I am an otherwise qualified alien or non-immigrant under the Federal

Immigration and Nationality Act and lawfully present in the United States.*

In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20.

This _______ day of _______________, 20_____.

Signature of Applicant: _________________________________________________

Printed Name: _________________________________________________________ Subscribed and sworn before me this _____ day of _______________, 20_____.

Notary Public My commission expires:

*Note: O.C.G.A. § 50-36-1(e) (2) requires that aliens under the Federal Immigration and Nationality Act, Title 8 U.S.C., as amended, provide their Alien Registration Number. Because legal permanent residents are included in the federal definition of “alien,” legal permanent residents must also provide their Alien Registration Number. Qualified aliens that do not have an Alien Registration Number may supply another identifying number: ______________________.


EXHIBIT “A” SLBE PROGRAM

CLAYTON COUNTY SMALL LOCAL BUSINESS AND PROCUREMENT NON-DISCRIMINATION PROGRAM

Clayton County has implemented a Small Local Business and Procurement Non-discrimination Program to promote full and open competition in all government procurement and purchasing. Goals for participation of Small Local Business Enterprises (SLBEs) are set for specific NIGP codes on a contract by contract basis for each specific prime contract with subcontracting possibilities. Please note that there is no SLBE goal on this project. However, the County wants to ensure that Bidders/Proposers are non-discriminatory in their process of selecting subcontractors. Clayton County also wants to encourage Bidders/Proposers to utilize small, minority or woman-owned businesses whenever possible. All forms included in this section must be completed for a Bidder/Proposer to be considered responsive. SLBE means a locally-based small business operating inside or outside of Clayton County, which meets the following criteria:

Demonstrates that the firm's gross revenues or number of employees averaged over the past three years, inclusive of any affiliates as defined by 13 C.F.R. § 121.103 et al., does not exceed the size standards as defined pursuant to 13 C.F.R. §121.201 et al. which can be found at http://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf;

Demonstrates that the net worth of each owner does not exceed $750,000, exclusive

of principal residence and the value of the SLBE; Provides information regarding the ethnicity and gender of its original owners; Demonstrates that the firm is located or has an office in Clayton County (inside

Clayton) or in DeKalb, Fayette, Fulton, Henry or Spalding counties (outside Clayton).

If a firm is locally-based in one of the counties mentioned above, is currently certified as a small business through the SBA, DeKalb County, Georgia Department of Transportation, or the City of Atlanta, and can provide evidence of its certification, the firm will be provisionally accepted as a SLBE, provided that they complete the official certification application for Clayton County within ten (10) business days following the bid/proposal opening date and prior to contract award. If a firm meets these qualifications, but is not currently certified as a small business, then the firm must complete an application for certification with Clayton County no later than seven (7) business days following the deadline for bid/proposal submission. Subcontractor participation is required to be submitted as part of the bid/proposal submission by each bidder/proposer. Award of the contract is conditioned upon satisfaction of the SLBE and non-discrimination requirements. If the SLBE participation does not meet the goals, the Bidder/Proposer will be required to submit evidence demonstrating that “good faith efforts” were made to meet the goal. SLBEs must perform a commercially useful function, which means performance or provision of real and actual services under a contract or subcontract with Clayton County Government.

http://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf


Factors such as the nature and amount of work subcontracted; whether the SLBE has the skill and expertise to perform the work for which it has been certified; whether the SLBE actually performs, manages or supervises the work; and whether the SLBE intends to purchase commodities and/or services from a non-SLBE and simply resell them will be considered in determining if the SLBE is performing a commercially useful function. This package contains the following forms that Bidders/Proposers are required to submit along with their bids/proposals:

Covenant of Non-Discrimination Statement of Successful Subcontractors Statement of Interested Subcontractors/Proposers Statement of Bid/Proposal Price Quotations

This package also contains forms that the successful Bidder/Proposer is required to submit:

Letter of Intent to Perform as a Subcontractor-submitted for each SLBE subcontractor after Notice of Award. Any changes to the SLBE subcontractors listed in the bid/proposal must be approved by the Contract Compliance Division.

Monthly Utilization Report-submitted on a monthly basis after the project has begun.

By signing the bid/proposal, the Bidder/Proposer is certifying that it has complied with the requirements of this program. Please contact the Contract Compliance Division for a list of certified SLBEs.

SLBE PARTICIPATION GOAL

(THERE IS NO GOAL FOR THIS PROJECT)


PROCUREMENT NON-DISCRIMINATION PROGRAM In addition to the SLBE Program, Clayton County also has a compelling interest in providing equal business opportunities for all persons wishing to do business with it. Therefore, the County will also monitor and track minority and women-owned business (MWBE) availability and participation through Benchmarks. Benchmarks are not goals or quotas, but a method that enables the County to compare MWBE participation in procurement with expected participation rates based on availability within the Metropolitan Statistical Area (MSA). Each of the forms included in this package require the bidder/proposer to provide information on the race/ethnicity and gender of each subcontractor who the Bidder/Proposer contacted or who contacted the Bidder/Proposer, successful subcontractors, and those who were not selected. If MWBE participation falls short of the Benchmark, this triggers an inquiry to determine if the bidder/proposer was discriminatory in selecting subcontractors. As with the SLBE program, firms that are currently certified as a minority or woman-owned firm by an entity in the MSA will be provisionally accepted as an MWBE, provided that they complete Clayton County’s certification application within ten (10) business days following the bid/proposal opening date and prior to contract award. There is no Benchmark established for this project. However, as indicated above, the County will track the race/ethnicity and gender of subcontractors listed by Bidders/Proposers in their bid/proposal packages.


EXHIBIT A.1

Covenant of Non-Discrimination Form

I, _______________________________(name, title), on behalf of ________________________

(company), by my signature below, do hereby promise:

1. to adopt the policies of Clayton County relating to equal opportunity in contracting on

projects and contracts funded, in whole or in part, with funds of Clayton County

Government;

2. not to otherwise engage in discriminatory conduct;

3. to provide a discrimination-free working environment;

4. that this Covenant of Non-Discrimination shall be continuing in nature and shall remain

in full force and effect without interruption; and

5. that this Covenant of Non-Discrimination shall be incorporated by reference into any

contract or portion thereof which we may hereafter obtain.

We understand that our failure to satisfactorily discharge any of the promises of non-

discrimination as made and set forth herein shall constitute a material breach of contract.

_______________________________________ Signature _______________________________________ Name and Title (typed or printed) Subscribed and sworn before me this _____ day of ________________, 20___. _______________________________________ Notary Public My Commission Expires___________________________ Seal

clayton county telecom rfp

Documents

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clayton county welcomes

proposal telecommunication

clayton countys website

opening date

north mcdonough street

proposer data base