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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
10:00 A.M.
July 25, 2013 at 10:00 A.M. in the Central Services Conference
July 25, 2013
Room, 7994 North McDonough Street, Jonesboro, Georgia 30236.
Deadline for requests for clarifications and questions. These requests
5:00 P.M.
must be emailed to: centralservicesrfps@co.clayton.ga.us
August 1, 2013
Clarifications, modifications and/or answers will be posted on the
2:00 P.M.
Clayton Countys website: www.clayton.ga.us/central_svcs/bids
August 8, 2013
Sealed proposals will be accepted until the opening date and time.
2:00 P.M.
Any late submittals received shall not be considered. Submittals are
August 15, 2013
to be delivered to Clayton County Central Services, 7994 North
McDonough Street, Jonesboro, GA 30236.
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 Proposers List for this commodity __No Proposal will be submitted

RFP #13-41 TELECOMMUNICATION & DATA SERVICES

Page 1 of 34

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 Countys Proposers list, an
application is available on the countys 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

RFP #13-41 TELECOMMUNICATION & DATA SERVICES

Page 2 of 34

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
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 PROPOSERS BUSINESS LICENSE AND/OR CERTIFICATE

10.

PROOF OF CURRENT INSURANCE


(FIRMS 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 Countys requirements. ***

______________________________
Signature/Title
______________________________
Company Name
RFP #13-41 TELECOMMUNICATION & DATA SERVICES

Page 3 of 34

TABLE OF CONTENTS
1

INTENT .......................................................................................................................................... 6

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

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


SECTION I TELECOMMUNICATION SERVICES ..................................................... 6
SECTION II DATA SERVICES ..................................................................................... 7

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

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

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

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

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

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

COUNTYS 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

RFP #13-41 TELECOMMUNICATION & DATA SERVICES

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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)

RFP #13-41 TELECOMMUNICATION & DATA SERVICES

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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.

3.

OVERVIEW/BACKGROUND
2.1

These Services will replace the Countys 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 Countys 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.

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/PRIs 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.

RFP #13-41 TELECOMMUNICATION & DATA SERVICES

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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

3.4

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 Proposers ability to substantially meet this time frame will be part of
the evaluation criteria.

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 Countys Information Technology Department (DOIT) to

RFP #13-41 TELECOMMUNICATION & DATA SERVICES

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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 Countys 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 Proposers appropriate presentment of bills,
easily understood pricing and billing summaries will aid in decreasing
administrative costs incurred by the County.

4.2

The Proposers 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 Countys 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, PBXs, 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.

RFP #13-41 TELECOMMUNICATION & DATA SERVICES

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5.

6.

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 Proposers 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 nonregulated 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 nonresponsive to the Countys specifications.

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 Proposers proposal.

EVALUATION AND SELECTION CRITERIA


EACH SECTION WILL BE EVALUATED AND SCORED SEPARATELY
6.1

The Countys 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 Countys staff utilizing the criteria set forth below.

6.2

The Proposers submittal must fully address the requirements listed in this
solicitation and the Proposers 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 Countys 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 Proposers past performance in providing
Services to the County:

RFP #13-41 TELECOMMUNICATION & DATA SERVICES

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RFP EVALUATION CRITERIA

Scoring Value
Maximum Points

Relevant Experiences/References. Provide details of your firms 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.
Flexibility of Services and/or Plan for Growth. Provide details of your
firms 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.
Qualifications of Proposer and Proposers personnel. Describe education
and experience of all supervisors, managers and any other professional who
will be involved with this project.

25

30

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


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.

100
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 Countys 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.

RFP #13-41 TELECOMMUNICATION & DATA SERVICES

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7.

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 Countys 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.

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 capacity
ring binder), seven (7) bound copies and one (1) CD media in PDF format, must
be provided to Clayton Countys 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

RFP #13-41 TELECOMMUNICATION & DATA SERVICES

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

8.

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: centralservicesrfps@co.clayton.ga.us. 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 Countys website,
www.claytoncountyga.gov/departments/central-services by 2:00 P.M. on August 8,
2013.

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 Proposers 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 Projects goals and objectives and demonstrated understanding of
the potential problems and concerns. Previous experience that demonstrates the
Proposers competence to perform the work requested in this RFP shall be submitted by
the Proposer.

RFP #13-41 TELECOMMUNICATION & DATA SERVICES

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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 Countys goals


and objectives for the RFP. All Proposers are required to describe in
detail how it will accomplish the Countys 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 Countys need for increased Services, and set forth a transition plan.

D.

Explain the Proposers 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 companys team members who will be dedicated to this project.

F.

Provide resume on key team members and organized according to the


following:

G.

Name and title.


Professional Background.

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.

RFP #13-41 TELECOMMUNICATION & DATA SERVICES

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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 #13-41 TELECOMMUNICATION & DATA SERVICES

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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:________________________________________________________________________

RFP #13-41 TELECOMMUNICATION & DATA SERVICES

Page 15 of 34

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,
contractors 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
Products Completed Operations Aggregate
Personal and Advertising Injury
Blanket Contractual Liability
Each Occurrence

$2,000,000
$1,000,000
$1,000,000
$1,000,000
$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 nonowned 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.

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10.3

Workers Compensation:
Workers Compensation Coverage:
Requirements.

Statutory to meet the State of Georgia

Employers Liability - If applicable, with limits no less than:


Each Accident
Disease Each Employee
Disease Policy Limit

$1,000,000
$1,000,000
$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 Contractors 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 nonpayment 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.

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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 4735907.

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

11.

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.
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
Countys
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.

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11.3
12.

The successful firms proposal and all addenda may become a part of the contract
resulting from this RFP Pkg. #13-41.

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.

14.

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 corporations 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.

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

15.

COUNTYS 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 Countys web site
claytoncountyga.gov/departments/central-services/view-bids-and-proposals.

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16.

17.

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.

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 Countys 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

RFP #13-41 TELECOMMUNICATION & DATA SERVICES

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the proposer must meet or exceed the proposal specifications.


18.

TERMS AND CONDITIONS


18.1

Statement of Warranty. Proposers Statement of Warranty should include all


applicable manufacturers warranty and the Proposers 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
Proposers employees shall be the sole responsibility of Proposer.

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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:

21.

22.

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.

PERFORMANCE OF CONTRACT
21.1

The County reserves the right to enforce the Proposers 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 Proposers 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
Proposers 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.

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

RFP #13-41 TELECOMMUNICATION & DATA SERVICES

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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 Countys 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 Proposers failure to conduct services according to the approved proposal
specifications.
22.1.5 Proposers failure to keep, perform, or observe any other term or condition
of this Agreement.
22.1.6 Proposers 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 Countys 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.

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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

26.

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.

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 months invoice is to indicate the following minimum information:

26.3

Invoices must be in compliance with terms of the Agreement and must include the
following on all invoices:

27.

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

Name and address of successful Proposer;


Detailed breakdown of all charges for the services or products delivered
stating any applicable period of time;
Clayton Countys Purchase Order Number and Proposal Package number; and
Invoices shall be based upon actual services rendered, actual work
performance and/or products delivered.

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;

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assurance that the product/service performs as specified and warranted; and receipt of a
valid invoice.
28.

SMALL LOCAL BUSINESS ENTERPRISE AND PROCUREMENT NONDISCRIMINATION PROGRAM (SLBE)


Clayton County has implemented a Small Local Business and Procurement NonDiscrimination Program by Ordinance No. 2012-229, which was signed into law on
November 6, 2012. All bidders are required to complete a Covenant of NonDiscrimination wherein they promise not to engage in discriminatory conduct and to
adopt the Countys 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.

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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:

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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: _________________________________

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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)

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GEORGIA SECURITY & IMMIGRATION COMPLIANCE ACT

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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)
(2)
(3)
(4)

________ I am 18 years of age or older.


________ I am a United States citizen.
________ I am a legal permanent resident. My Alien Registration Number is
______________.
________ 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:
______________________.

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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.

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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)

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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 Countys
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.

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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 nondiscrimination 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

RFP #13-41 TELECOMMUNICATION & DATA SERVICES

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