1-RFQ 2550-10090 Labor Consultation and Representation Services - Target Market.pdf

Rev April 2023

C O O K C O U N T Y G O V E R N M E N T Office of the Chief Procurement Officer

Request for Qualifications RFQ No. 2550-10090 in Reference to RFQ No. 2308-02060 for Labor Consultation and Representation

Services (Target Market)

Non-Mandatory Pre-Submittal Meeting:

Date: Tuesday, January 13, 2026 Time: 11:00 a.m. Local Time – Chicago Web Link: Microsoft Teams Join the meeting now Meeting ID: 291 974 246 603 68 Passcode: Gp9UY2gm Dial in by phone +1 872-215-6022,,425658695# United States, Chicago Find a local number Phone conference ID: 425 658 695# Questions:

Any questions regarding this RFQ should be submitted via Bonfire.

Questions submission deadline: 12, 2024 at 10:00 a.m. Local Time - Chicago

Response Due Date:

Responses are due no later than 10:00 a.m. Local Time- Chicago on Wednesday, February 11, 2026

Response Must be Uploaded to: https://cookcountyil.bonfirehub.com/portal/?tab=openOpportunities

LATE RESPONSES WILL NOT BE CONSIDERED

Buyer Contact Information:

Buyer: Halyna Shuruk, Lead Contract Negotiator E-Mail: halyna.shuruk@cookcountyil.gov

Toni Preckwinkle Raffi Sarrafian Cook County Board President Chief Procurement Officer https://teams.microsoft.com/l/meetup-join/19%3ameeting_Nzg3YjNhN2YtODkzNC00ZTcxLWFhMjItNzM1NmJjMTBmODNm%40thread.v2/0?context=%7b%22Tid%22%3a%228b4d55ae-6db4-4e05-a85c-59d6a256cd6e%22%2c%22Oid%22%3a%2290d19237-cf04-44da-a423-41fca147eb65%22%7d tel:+18722156022,,425658695 https://dialin.teams.microsoft.com/eb9b93da-8c7c-4393-8724-4a248832530e?id=425658695 https://cookcountyil.bonfirehub.com/portal/?tab=openOpportunities

RFQ No. 2550-10090 Labor Consultation and Representation Services (Target Market)

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1 INTRODUCTION

1.1 Overview

1.2 Cook County Background

2 SCOPE

2.1 Scope of Services

2.2 Categories of Legal Practice

2.3 Key Personnel

2.4 Process for Selecting Law Firm(s) or Attorney on Specific Projects

3 SCHEDULE

4 INSTRUCTIONS TO RESPONDENTS

4.1 Instructions

4.2 Availability of Documents

4.3 Non-Mandatory Pre-Submittal Conference

4.4 Special Access to the Pre-Submittal Conference

4.5 Clarifications

4.6 Submitting the Response Package

4.7 Uniformity

4.8 Response Material

4.9 Addenda

4.10 Respondent’s Responsibility for Services Proposed

4.11 Errors and Omissions In the RFQ

4.12 RFQ Interpretation

4.13 Confidentiality and Response Cost and Ownership

4.14 Use of Subcontractors

4.15 MBE/WBE Participation Goals – Target Market

4.16 Respondent’s Disclosure and Conflict of Interest

4.17 Cook County RFQ Format

4.18 Pricing

4.19 Period of Firm Proposal

4.20 Awards

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4.21 Cook County Rights

4.22 Alteration/Modification of RFQ Content

4.23 Recycling

5 EVALUATION AND SELECTION PROCESS

5.1 Responsiveness Review

5.2 Acceptance of Responses

5.3 Evaluation Process

5.3.1 Respondent Presentations

5.3.2 Right to Inspect

5.4 Selection Process

6 EVALUATION CRITERIA

6.1 Responsiveness of Response

6.2 Technical Proposal

6.3 Financial Stability of the Respondent

6.4 Pricing Proposal

7 SUBMISSION OF RESPONSE

7.1 Instructions for Submission

7.1.1 Electronic Submission

7.1.2 Time for Submission

7.1.3 Format

7.1.4 Complete Responses

7.1.5 Packaging and Labeling

7.1.6 Timely Delivery of Responses

7.1.7 Late Responses

7.1.8 Schedule of Revisions to RFQ Schedule

7.2 Submission Requirements

7.2.1 Cover Letter

7.2.2 Executive Summary

7.2.3 Qualifications of the Respondent

7.2.4 Key Personnel

7.2.5 Subcontracting or Teaming

7.2.6 MBE/WBE Participation

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7.2.7 Insurance Requirements

7.2.8 Financial Status

7.2.9 Legal Actions

7.2.10 Conflict of Interest

7.2.11 Economic Disclosure Statement

7.2.12 Cook County Professional Services Agreement (PSA)

7.2.13 Identification of Subcontractor/Supplier/Subconsultant Form

7.2.14 Addendum Acknowledgement Form

7.2.15 Pricing Proposal

7.2.16 Certification for Consulting or Auditing Services Form

7.2.17 Other

EXHIBITS

Exhibit I Pricing Proposal Form

Exhibit II Instructions for Submitting an Electronic Bid/Proposal/Qualification

Exhibit III Economic Disclosure Forms

Exhibit IV Cook County Professional Services Agreement

Exhibit V Sample Letter of Engagement

Exhibit VI Addendum Acknowledgement Form

Exhibit VII MBE/WBE Utilization Plan Forms

Exhibit VIII Identification of Subcontractor/Supplier/Subconsultant Form

Exhibit IX Electronic Payables Program

Exhibit X Certification for Consulting or Auditing Services

Exhibit XI Business Associate Agreement

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1 INTRODUCTION

1.1 Overview

Cook County Government (“the County”) issued RFQ No. 2308-02060 on November 13, 2023, seeking proposals for Labor Consultation and Representation Services (Target Market) across multiple scope categories. The RFQ requested submissions for six (6) distinct categories:

Category I: Union Contract Negotiations

Category II: Collective Bargaining Agreement (CBA) Interpretation and Implementation

Category III: Labor Relations Board Matters

Category IV: Employment Law

Category V: Employee Benefits and Pension

Category VI: Employment of Foreign Nationals

As a result of this RFQ, the County established a pre-qualified vendor pool consisting of one firm for a contract term beginning June 1, 2024, through May 31, 2027, with three (3) optional one-year renewal periods.

he County now intends to re-open this solicitation and invites qualified firms to submit proposals for The County now intends to re-open this solicitation and invites qualified firms to submit proposals for inclusion in the pre-qualified vendor pool. The term of engagement will align with the current contract period, ending May 31, 2027, with the same renewal options available.

1.2 Cook County Background

Cook County Government is a home rule county pursuant to Article VII, Section 6 of the Illinois State Constitution and is governed by a 17-member Board of Commissioners that is elected from single-member districts. The Commissioners and a County Board President are elected to four-year terms by the citizens of the County. Cook County represents one of the major metropolitan areas in the state and nation, and contains 134 municipalities, (including the City of Chicago), 29 townships, 221 special districts, and 164 school districts. Cook County is home to 5.28 million residents making it the second most populous county in the United States.

The County's fiscal year begins on December 1st and ends on November 30th. As mandated by state law, the County has principal responsibility for the protection of persons and property, the operation

Page | 6 of public health services, the administration of the property tax levy, assessment, collection and distribution process, and the maintenance of County highways. The obligation to protect persons and property, commonly called public safety, is fulfilled by the provision of County judicial and law enforcement services. The Circuit Court of Cook County which is one of the largest unified court systems in the United States, and the County Jail which is one of the largest single site jail facility in the country, are solely the responsibility of Cook County Government. Also, Cook County government administers the second largest property taxation system in the United States, with 1.8 million parcels of real estate.

The obligation to provide public health services is fulfilled by the operation of a comprehensive network of medical facilities for the citizens of the County, and provision of services regardless of their ability to pay. Cook County Health (CCH) consists of Bureau of Health Services, John H. Stroger, Jr.

Hospital of Cook County, Provident Hospital of Cook County, Oak Forest Health Center, Ambulatory and Community Health Network of Cook County, Department of Public Health, Correctional Health Services at Cermak, Correctional Health Services at Juvenile Temporary Detention Center, Ruth Rothstein CORE Center and CountyCare Health Plan (a managed care program for County residents). The Cook County Board of Commissioners established the Cook County Health Board (CCH Board) in 2008 to provide independent oversight of health care operations. The CCHHS Board is accountable to the Cook County Board of Commissioners. CCH is included in the reporting entity of Cook County, Illinois as an enterprise fund. As an enterprise fund, CCH’s financial statements are prepared using proprietary fund accounting that focuses on the determination of changes in net assets, financial position, and cash flows in a manner similar to private sector businesses.

Financial statements are prepared on an accrual basis of accounting.

As Chief Executive of the County of Cook, Illinois, the President of the Cook County Board of Commissioners is responsible for the negotiation of collective bargaining agreements covering the unionized workforce of the County as well as numerous other employment issues arising from managing a workforce of approximately 23,346 employees, 78% of whom are covered by collective bargaining agreements.

The County negotiates with 15 different unions in over 62 bargaining units which range from as few as 5 employees to units of 3,000 with positions as diverse as doctors and nurses, attorneys, sheriff’s police, janitors, clerical employees, and various trades. The County is the sole employer of employees in the Cook County Health and Hospitals System, an integrated health care network of several hospitals and ambulatory clinics and numerous other county functions, including its highway department, the Office of the Medical Examiner, and the Office of the Public Defender.

The County is a joint employer of employees employed by the Sheriff of Cook County, including Correctional Officers at the Cook County Department of Corrections (the largest single-site pre-trial detention facility in the United States) as well as offices of other elected officials, including the Assessor, Treasurer, and County Clerk. The County also funds the operations of various sole employers: the Clerk of the Circuit Court, Chief Judge of the Circuit Court of Cook County, and Cook County State’s Attorney, as well as the Forest Preserve District. The County participates in negotiations involving all its funded employees, whether as a sole employer, a joint employer, or funder of the operations of an office, except the Forest Preserve District.

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2 SCOPE

2.1 Scope of Services

The selected firm(s) shall provide legal consultation and representation services for the Cook County Bureau of Human Resources, and various County Agencies, on labor and employment matters. The selected firm(s) shall be asked to provide legal consultation and representation services in all the areas including union contract negotiations, contract interpretation and implementation, Labor Relations Board matters, employment law, employee benefits and pension, and employment of foreign nationals. The selected firm(s) will work closely with in-house counsel, staff, and hired experts to provide services to the County.

Respondent shall be financially solvent and each of its members or partners, its employees or agents shall be competent to perform the services required under this RFQ. Respondent shall not be a party to or represent any individual or entity that has pending litigation, claim, dispute or protest adverse to the County bureaus, agencies, and offices of elected officials as well as the Forest Preserve District and Cook Health and Hospital System.

2.2 Categories of Legal Practice

The County will give preference to firms that have knowledge and experience as required below;

however, County is open to considering all levels of knowledge and experience, in one or more of the following categories of legal practice:

Category I Union Contract Negotiations

• Representing clients with a staff of over 2,500 unionized employees, civilian and/or sworn public safety, in formulating collective bargaining strategies and negotiating collective bargaining agreements with union counterparts;

• Negotiating labor management healthcare cooperatives for employers with more than 2,500 unionized employees;

• Negotiating public sector collective bargaining agreements (“CBA”s) with unions that represent civilian and/or sworn public safety employees;

• Assisting in the formulation of Employer bargaining positions and strategies, and in certain negotiations, acting as chief spokesperson for represented groups as directed;

• Advising executive staff on the status of collective bargaining including preparation of detailed ongoing status reports;

• Representing the Employer in interest arbitration;

• Consulting and devising strategy for strike planning; and

• Working closely with in-house counsel and consultants on issues related to benefits design and the Affordable Care Act.

Category II Collective Bargaining Agreement (CBA) Contract Interpretation and Implementation

• Advising on interpretation of CBAs and implementation of policy and initiatives within the parameters of CBA;

• Providing counsel regarding grievances and arbitrations;

• Drafting objective memoranda and recommendations;

• Briefing labor arbitration cases; Representing the Employer with respect to the using department in litigation related to the collective bargaining process including the duty to bargain in good faith, Page | 8 contract violations, and disciplinary matters as well as grievances and arbitrations resulting therefrom; and

• Consulting and devising strategy for strike planning.

Category III Labor Relations Board Matters

• Interpreting a wide array of applicable federal, state, county, and local laws, rules and regulations of the Illinois Labor Relations Board and may be available to represent the Employer in matters before such Boards when needed;

• Appearing before the Illinois Labor Relations Board on matters involving union certification petitions, representation petitions, unit clarification petitions, unfair labor practice charges, and all other matters ancillary to bargaining;

• Appearing before the Illinois Labor Relations Board on matters involving strike investigations, impasse proceedings, declaratory judgments, and injunctive and equitable relief; and

• Consulting and devising strategy for strike planning.

Category IV Employment Law

• Interpreting a wide array of applicable federal, state, county, and local laws, rules and regulations relative to employment law and be available to represent the Employer in matters when needed;

• Litigating employment law matters in state and federal courts as well as before administrative agencies such as the U.S. EEOC, Illinois Department of Human Rights, U.S. Department of Labor, Illinois Department of Labor, and the Cook County Employee Appeals Board;

• Working under federal consent decrees and with court ordered external monitors; and

• Providing advice and counsel on employment related laws, policies, and matters such as the Family and Medical Leave Act, Equal Employment Opportunity laws, Fair Labor Standards Act, Illinois Wage Payment and Collection Act, Workers’ Compensation Act, the Older Workers Benefit Protection Act, or any other federal, state, or local human rights, civil rights, wage-hour, pension, or labor laws, rules and/or regulations, public policy, contract or tort law, etc.

•Experience performing audits and/conducting analysis as it pertains to employment law related matters.

Category V

Employee Benefits and Pension

• Work closely with in-house counsel on implementation of the Affordable Care Act and benefit plan designs (health care, pension, and other post-employment benefits (“OPEB”));

• Experience working with public employer pension funds and negotiating changes to applicable Illinois pension laws with unions; and

• Working closely with in-house counsel and consultants on issues related to benefits design and the Affordable Care Act.

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Category VI Employment of Foreign Nationals

• Experience in successfully preparing and filing visa petitions on behalf of employers.

• Advising on policy, procedures and guidelines governing the employment of foreign nationals in specialty occupations such as IT and medicine, which require theoretical and/or technical expertise.

This includes, but is not limited to, ensuring compliance with federal regulations governing the employment of foreign nationals, preparing immigrant and non-immigrant visa petitions or applications on behalf of employers, recommending post-employment procedures and guidelines to ensure compliance with federal requirements.

2.3 Key Personnel

The Respondent must identify the key personnel that will be committed to providing Legal Services for each legal practice category that the respondent is submitting qualifications for. The Chief Procurement Officer reserves the right to reject any key personnel proposed if it is determined in the County’s best interest. All key personnel must be committed to the project without competing priorities. The evaluation of submittals includes the qualifications of the personnel proposed;

therefore, Respondents will name key personnel as part of their qualifications. Key Personnel must not be replaced during the project without the approval of the Chief Procurement Officer.

2.4 Process for Selecting Law Firm(s) or Attorney on Specific Projects The selected firm(s) and/or attorney(s) will receive Legal Services projects according to areas of expertise and experience. Projects will vary in scope and size. Respondents can submit Qualifications for one or multiple categories. As a result, multiple awards are possible depending on the expertise in each category. Respondents must specify the category of interest in their submittals.

The County seeks to pre-qualify up to five (5) firms for each category of legal practice, however, the County at its discretion may elect to pre-qualify more than five (5) firms per Category. The County may also select a combination of multiple legal practice categories for which the Respondent has submitted its qualifications, so that the same Respondent may be retained to do work under more than one category.

Once firm(s) are in the prequalified pool for a category or categories, they will execute Cook County’s Professional Services Agreement for Legal Services (“Agreement”) in substantially the same form with the same terms and conditions as set forth in the attached Agreement (Exhibit IV).

Once firm(s) and/or attorneys(s) are awarded contract(s), they will perform services based upon Projects, which will vary in scope and size and will be assigned on an as needed basis by the County.

The County and the firm(s) and/or attorneys will negotiate project-specific letters of engagements (Exhibit V) which will be the following: a statement of work and any required deliverables; a list of key personnel; a budget or schedule of compensation which will include the hourly rates; a defined term or start and end date for the services; conflict of interest verifications; evidence of insurance; and any other information deemed appropriate by the Head of the Bureau or Department of the Using Agency requesting the services.

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In selecting which firm to engage with respect to a given project, the County shall take into consideration multiple factors including but not limited to:

• the firm’s hourly rates;

• whether the firm has unique knowledge and/or experience relevant to a given project (e.g.

whether the firm has represented clients regarding similar issues and/or has a course of dealing with a particular union) ;

• the firm’s demonstrated competency and responsiveness on any recent or past projects (e.g. successful results in bargaining, litigation, and/or a track record of meeting the County’s expectations);

• the gravity and scope of the project compared to the anticipated bandwidth of the firm (e.g.

whether key personnel has the availability to fit the work into their schedule); and

• any potential conflicts of interest.

If a consideration of these factors strongly favors a specific firm, such firm shall be chosen amongst the prequalified pool. Otherwise, project requests shall be rotated between the Target Market and Non-Target Market pools within each project category one at a time.

The County shall also make a good faith effort to equitably distribute projects amongst qualified firms to the extent feasible, giving consideration to both operational needs and the interest of broad participation amongst qualified firms.

Upon request some categories of legal practice may require the completion of the Business Associate Agreement (Exhibit XI).

The terms of the letter of engagement must conform to the terms and conditions of the Professional Services Agreement. However, any specific letter of engagement may include lower hourly rates than those rates as set forth in Exhibit I. If both partners and associates are approved as key personnel for the project specific letter of engagement, the letter of engagement must state what portion of the services will be performed(s) by partners for the proposed engagement. Costs associated with negotiating and executing the letters of engagement are not compensable and the County is not liable for any additional costs.

The letter of engagement shall be executed by the firm and the Head of the County Bureau or Department requesting the services. The County Using Agency shall provide a copy of the final and approved copy of the letter of engagement to the Chief Procurement Officer. The letter of engagement shall become the basis for creating the Purchase Order Release by the Using Agency. The law firm may not commence services until it receives the executed Letter of Engagement and the Purchase Order Release issued by the Using Agency.

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3 SCHEDULE

The County anticipates the following Schedule:

RFQ posted to the County website Wednesday, January 7, 2026

Pre-Submittal Conference Tuesday, January 13, 2026 11:00 a.m. Chicago Local Time

Respondent Inquiry Deadline Tuesday, January 20, 2026 10:00 a.m. Chicago Local Time

Response to Inquiries (tentative) Friday, January 30, 2026

Response Due Date Wednesday, February 11, 2026 10:00 a.m. Chicago Local Time

4 INSTRUCTIONS TO RESPONDENTS

4.1 Instructions

This RFQ provides potential respondents with sufficient information to enable them to prepare and submit Responses. This RFQ also contains the instructions governing the submittal of qualifications and the materials to be included therein, including the County requirements, which must be met to be eligible for consideration.

All submittals must be complete as to the information requested in this RFQ in order to be considered responsive and eligible for award. Respondents providing insufficient details will be deemed non-responsive.

The County is not obligated, either to purchase the full services or the products proposed by the respondent, nor to enter into an agreement with any one respondent.

4.2 Availability of Documents

The County will publish its competitive bid, RFQ, and other procurement notices, as well as award information, at:

Current Purchasing and Contract Opportunities (cookcountyil.gov)

Procurement - Awarded Contracts & Amendments | Cook County Open Data (cookcountyil.gov)

Interested respondents should note that, unless otherwise stated in the bid or RFQ documents, there is no charge or fee to obtain a copy of the bid documents and respond to documents posted for competitive solicitations. Respondents intending to respond to any posted solicitation are encouraged to visit the web site above to ensure that they have received a complete and current set of documents. Some procurement notices may provide a downloadable version of the pertinent documents and any amendments to them, that will be available to respondents after they have completed a simple registration process.

Any respondents receiving a copy of procurement documents from a bid referral service and/or other third party are solely responsible for ensuring that they have received all necessary procurement documentation, including amendments and schedules. The County is not responsible for ensuring that all or any procurement documentation is received by any respondent that is not appropriately registered with the County.

https://apps.cookcountyil.gov/Procurement_EDS/BidList https://datacatalog.cookcountyil.gov/Finance-Administration/Procurement-Awarded-Contracts-Amendments/qh8j-6k63/data

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4.3 Non-Mandatory Pre-Submittal Conference

The County will hold a Non-Mandatory Pre-Submittal Conference on the date and time indicated below.

Representatives of the County will be available to answer any questions regarding the services requested or submittal procedures.

Prospective respondents attending the Pre-Submittal Conference will sign in using the link below. This sign-in link will only be open during the hour slated for the Pre-Submittal Conference. Final list of Pre-Submittal Conference attendees will be made available publicly.

Click Link Below to Join the live Pre-Submittal Conference:

Date: Tuesday, January 13, 2026 at 11:00 AM (Local Time – Chicago)

Web Link: Microsoft Teams Join the meeting now Meeting ID: 291 974 246 603 68 Passcode: Gp9UY2gm

Dial in by phone +1 872-215-6022,,425658695# United States, Chicago Find a local number Phone conference ID: 425 658 695#

4.4 Special Access to the Pre-Submittal Conference

If special accommodations are required for Respondent to participate in the Pre-Submittal Conference, contact the contact person listed on the cover page of this RFQ via email no later than three (3) days before the event.

4.5 Clarifications

All Questions regarding this RFQ will be submitted in writing, no later than Tuesday, January 20, 2026 at 10:00 AM Local Time – Chicago, ONLY through the link below:

4.6 Submitting the Response Package

The Response shall be submitted to the OCPO electronically as per the instructions in Exhibit II-Instructions for Submitting an Electronic Bid/Proposal/Qualification. OCPO will not accept hardcopy responses. The Respondent remains responsible for ensuring that its Response is received at the time, date and manner specified. The County assumes no responsibility for any Response not so received. Late Responses will not be accepted.

4.7 Uniformity

To provide uniformity and to facilitate comparison of Responses, all information submitted must clearly refer to the page number, section or other identifying reference in this RFQ. All information submitted must be noted in the same sequence as its appearance in this RFQ. The County reserves the right to waive minor variances or irregularities.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_Nzg3YjNhN2YtODkzNC00ZTcxLWFhMjItNzM1NmJjMTBmODNm%40thread.v2/0?context=%7b%22Tid%22%3a%228b4d55ae-6db4-4e05-a85c-59d6a256cd6e%22%2c%22Oid%22%3a%2290d19237-cf04-44da-a423-41fca147eb65%22%7d tel:+18722156022,,425658695 https://dialin.teams.microsoft.com/eb9b93da-8c7c-4393-8724-4a248832530e?id=425658695

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4.8 Response Material

The Response material submitted in response to the RFQ becomes the property of the County upon receipt by the Office of the Chief Procurement Officer and will be part of any contract document for the goods or services which are the subject of this RFQ.

4.9 Addenda

Should any respondent have questions concerning conditions and specifications, or find discrepancies in or omissions in the specifications, or be in doubt as to their meaning, they should notify the Office of the Chief Procurement Officer no later than January 20, 2026 by 10:00 AM Local time - Chicago to obtain clarification prior to submitting a Response. Such inquiries must reference the Response due date and the County RFQ number.

Any clarification addenda issued to Respondent prior to the Response due date shall be made available to all respondents. Since all addenda become a part of the Response, the Addenda Acknowledgement Form (found in Exhibit VI) must be signed by an authorized Respondent representative and returned with the Response on or before the Response opening date. Failure to sign and return any and all addenda acknowledgements may be grounds for rejection of the Response.

Interpretations that change the terms, conditions, or specifications/scope will be made in the form of an addendum to the solicitation by the County. If issued, the County will post the addenda on the County website: https://cookcountyil.bonfirehub.com/portal/?tab=openOpportunities.

4.10 Respondent’s Responsibility for Services Proposed

The Respondent must thoroughly examine and will be held to have thoroughly examined and read the entire RFQ. Failure of Respondents to fully acquaint themselves with existing conditions or the amount of work involved will not be a basis for requesting extra compensation after the award of a Contract.

4.11 Errors and Omissions In the RFQ

The Respondent is expected to comply with the intent of this RFQ taken as a whole and shall not avail itself of any error or omission to the detriment of the services or the County. Should the Respondent suspect any error, omission, or discrepancy in the specifications or instructions, the Respondent shall immediately notify the County in writing, and the County will issue written corrections or clarifications. The Respondent is responsible for the contents of its Responses and for satisfying the requirements set forth in the RFQ.

Respondent will not be allowed to benefit from errors in the RFQ that could have been reasonably discovered by the Respondent in the process of putting its Response together.

4.12 RFQ Interpretation

Interpretation of the wording of this document shall be the responsibility of the County and that interpretation shall be final.

4.13 Confidentiality and Response Cost and Ownership

From the date of issuance of the RFQ until contract award, the Respondent must not make available or discuss its Response, or any part thereof, with any employee or agent of the County. The Respondent is hereby advised that any part of its Response or any other material marked as confidential, proprietary, or trade secret, can only be protected to the extent permitted by Illinois Statutes.

4.14 Use of Subcontractors

The Respondent’s response must include a description of which portion(s) of the work will be subcontracted out, the names and addresses of potential Subcontractors and the expected amount of

Page | 14 money each will receive under the Contract. The County reserves the right to accept or reject any subcontractor if in the County’s sole opinion it is in the best interest of the County.

4.15 MBE/WBE Participation Goals – Target Market

Consistent with Cook County, Illinois Code of Ordinances (Article IV, Section 34-260 through 273), the County has established a goal of 51% MBE/WBE participation for the total of professional services and consulting services utilized by the County. Furthermore, to address more specifically the barriers to MBE/WBE participation, Code provides that the County may designate a Target Market Program for any particular supplies, equipment, goods or services procurement. Pursuant to the County’s Code of Ordinance, the County has implemented the Target Market Program that seeks to award competitively or on a negotiated bid process to certified MBE/WBEs. Participation in the Target Market program shall be limited to Minority Business Enterprises, Women's Business Enterprises and Joint Ventures consisting exclusively of Minority Business Enterprises, Women's Business Enterprises or both. The MBE/WBE Contractor on a Target Market Contract may subcontract up to forty-nine percent (49%) of the dollar value of the Target Market Contract to subcontractors who are not Minority Business Enterprises or Women's Business Enterprises.

A. ELIGIBILITY

1. Contracts included in the Target Market Program have been identified by the Business Enterprise Development as having at least a minimum of three (3) MBEs and /or WBEs, as the case may be, which indicated their interest in participating in the contract’s designated commodity area(s) by successfully being certified by the Office of the Chies Procurement Officer.

All standard County procurement rules for bidding, Requests for Qualifications, or Requests for Proposals, will then become effective and, provided that at least three PCEs Bid or submit responses or proposals, the lowest Responsive and Responsible Bidder, Proposer, or Respondent among the PCEs will receive the contract;

In the event less than three PCEs Bid or submit responses or proposals pursuant to a Request for Qualifications or Request for Proposals, or in the event that there is no Responsive Bid or best and final Response or Proposal received from a Responsible PCE, the CPO shall rebid the Contract or reissue the Request for Qualifications or Request for Proposals not subject to the Target Market program.

2. The MBE/WBE vendor may not subcontract more than forty-nine percent (49%) of the dollar value of the contract. The prime Target Market vendor must perform at least 51% of the awarded contract amount with their own workforces. The MBE/WBE vendor may subcontract up to 49% of the contract value to non-MBE/WBEs.

3. MBE or WBE firms will be allowed to participate in this Target Market Contract only in their Areas of Specialty as certified. Certification must be substantiated by current certification letters of all MBE and WBE participating in the contract being a part of the submittals.

B. REQUIRED DOCUMENTS AND INFORMATION REGARDING MBE/WBE PARTICIPATION

When responding to a Letter of Engagement, the vendor shall state the name(s) of all subcontractors including non-MBE/WBEs and the level of participation proposed for each firm that will participate in the task.

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To receive MBE/WBE participation credit towards the MBE/WBE contract commitments, MBE/WBE firms must perform a commercially useful function (CUF). An MBE/WBE performs a CUF when the MBE/WBE is responsible for a clearly defined and distinct scope of work. MBE/WBE firms must be responsible for the execution of the work by actually performing, managing, and supervising the work involved.

1. Utilization Plan The Utilization Plan shall be submitted at the time that the Letter of Engagement is due. Each Letter of Engagement shall include a complete Utilization Plan The Utilization Plan shall include the name(s), mailing address, email address, and telephone number of the principal contact person of the relevant subcontractors, sub-consultants, and suppliers (collectively referred to “Subcontractors”) that will participate in such Letter of Engagement. If the Respondent submits Qualifications, and any of their subcontractors, suppliers or consultants, are certified MBE or WBE firms, they shall be identified as an MBE or WBE within the Utilization Plan.

2. Letter(s) of Intent to Perform as a Subcontractor For each subcontractor identified in the Utilization Plan, a Proposal Letter(s) of Intent- shall be submitted at the time that the Letter of Engagement is due along with the Utilization Plan. The Letter(s) of Intent will be used to confirm that each firm listed in the Utilization Plan shall perform work as a subcontractor, supplier, joint venture, or consultant on the Letter of Engagement. Each Letter of Intent shall indicate whether and the degree to which the subcontractor will provide goods or services directly or indirectly during the term of the Contract. The box for direct participation shall be marked if the proposed MBE/WBE will provide goods or services directly related to the scope of the Contract. The box for indirect participation shall be marked if the proposed subcontractor will not be directly involved in the Contract but will be utilized by the Respondent for other services not related to the Contract. Indirect Participation shall not be counted toward the participation goal. Each Letter of Intent shall accurately detail the work to be performed by the relevant subcontractor firm, the agreed dollar amount, the percentage of work, and the terms of payment.

Failure to include Letter(s) of Intent will render the submission not Responsive and shall be cause for the CPO to reject the submittals.

All submittals must conform to the commitments made in the corresponding Letter(s) of Intent, as may be amended through change orders.

The Business Enterprise Development may at any time request supplemental information regarding Letter(s) of Intent, and such information shall be furnished if the corresponding submittals are to be deemed responsive.

3. Letter(s) of Certification Only current Letter(s) of Certification from one of the following entities may be accepted as proof of certification for MBE/WBE status, provided that Cook County’s requirements for certification are met:

• County of Cook

• City of Chicago Firms that are currently certified by the City of Chicago in any area other than Construction/Public Works shall also complete and submit an MBE/WBE Reciprocal Certification Affidavit along with a

Page | 16 current letter of certification from the City of Chicago. This Affidavit form can be downloaded from Business Enterprise Development under Contract Documents.

The Business Enterprise Development may reject the certification of any MBE or WBE on the grounds that it does not meet the requirements of the Ordinance, or the policies and rules promulgated thereunder.

4. Joint Venture Affidavit In the event a Respondent achieves MBE and/or WBE participation through a Joint Venture, the Respondent shall include the required Joint Venture Affidavit, which can be downloaded from www.cookcountyil.gov/contractcompliance. The Joint Venture Affidavit shall be submitted with the Qualifications, along with current Letter(s) of Certification.

C. CHANGES IN UTILIZATION PLAN

A Contractor, during its performance of a Letter of Engagement, may not change the original MBE or WBE commitments specified in the relevant Utilization Plan, including but not limited to, terminating an MBE or WBE Contract, reducing the scope of the work to be performed by a MBE/WBE, or decreasing the price to an MBE/WBE, except as otherwise provided by the Ordinance and according to the policies and procedures promulgated thereunder.

Where a Person listed under the Contract was previously considered to be an MBE or WBE but is later found not to be, or work is found not to be creditable toward the MBE or WBE goals as stated in the Utilization Plan, the Contractor shall seek to discharge the disqualified enterprise, upon proper written notification to the Business Enterprise Development, and make every effort to identify and engage a qualified MBE or WBE as its replacement. Failure to obtain an MBE or WBE replacement within 30 business days of the Business Enterprise Development's written approval of the removal of a purported MBE or WBE may result in the termination of the Contract or the imposition of such remedy authorized by the Ordinance, unless a written Petition for Reduction/Waiver is granted allowing the Contractor to award the work to a Person that is not certified as an MBE or WBE.

D. NON-COMPLIANCE

If the CCD determines that the Contractor has failed to comply with its contractual commitments or any portion of the Ordinance, the policies and procedures promulgated thereunder, the Business Enterprise Development shall notify the Contractor of such determination and may take any and all appropriate actions as set forth in the Ordinance or the policies and procedures promulgated thereunder which includes but is not limited to disqualification, penalties, withholding of payments or other remedies in law or equity.

E. PROHIBITED PROVISIONS

Any agreement between a Contractor and an MBE or WBE in which the Contractor requires that the MBE or WBE not provide subcontracting quotations to other Contractors is prohibited.

4.16 Respondent’s Disclosure and Conflict of Interest

The Respondent must complete and return the enclosed "Economic Disclosure Statement & Forms" along with their Response. In the event that further clarification is required on any of the information provided, the County reserves the right to make any necessary inquiry with a respondent for such purpose. Such inquiry, if made, may include a deadline by which time any necessary clarifying information must be submitted.

https://www.cookcountyil.gov/agency/business-enterprise-development

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4.17 Cook County RFQ Format

All respondents will use this solicitation format for submitting their Response. Variations or exceptions from the specifications and general conditions should be submitted in writing. Such variations or exceptions may be considered in evaluating the offers received. Any exception taken must be noted and included in the Response. Failure to comply with this requirement may cause a respondent’s Response to be considered "nonresponsive."

4.18 Pricing

All price and cost information requested in this solicitation should be provided by the respondent. While price is not a factor in the evaluation of responses received, the County may require the selected Respondents to participate in price negotiations.

4.19 Period of Firm Proposal

Prices for the proposed service must be kept firm for at least one hundred and twenty (120) days after the time specified for submitting Responses. Firm Proposals for periods of less than this number of days may be considered non-responsive. The Respondent may specify a longer period of firm price than indicated here. If no period is indicated by the Respondent in the Response, the price will be firm until written notice to the contrary is received from the Respondent.

4.20 Awards

The County may, at its discretion, evaluate all responsive Responses. The County reserves the right to make the award on an all or partial basis or split the award to multiple Respondents based on the lowest responsible respondents meeting the specifications, terms and conditions. If a split award impacts the outcome of the project it must be so stated in the Response.

4.21 Cook County Rights

The County reserves the right to reject any and all offers, to waive any informality in the offers and, unless otherwise specified by the Respondent, to accept any item in the offer. The County also reserves the right to accept or reject all or part of your Response, in any combination that is economically advantageous to the County.

4.22 Alteration/Modification of RFQ Content

The Respondent certifies that no alterations or modifications have been made to the content of this Bid/RFQ or other procurement documents (either text or graphics). Any alternates or exceptions (whether to products, services, terms, conditions, or other procurement document subject matter) are apparent and clearly noted in the offered Response. Respondent understands that failure to comply with this requirement may result in the Response being disqualified and, if determined to be a deliberate attempt to misrepresent the Response, may be considered as basis to suspend or debar the respondent from future County procurement opportunities.

4.23 Recycling

Packaging which is readily recyclable, made with recyclable materials, and designed to minimize potential adverse effects on the environment when disposed of by incineration or in a landfill is desired to the extent possible. Product(s) offered which contain recycled materials may be acceptable provided they meet all pertinent specifications and performance criteria outlined in this RFQ. If the product(s) offered are manufactured utilizing recycled materials, identify the percentage composition and nature of the recycled content within.

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5 EVALUATION AND SELECTION PROCESS

5.1 Responsiveness Review

County personnel will review all Responses to ascertain that they are responsive to all RFQ requirements.

5.2 Acceptance of Responses

Chief Procurement Officer reserves the right to reject any or all Responses or any part thereof, to waive informalities, and to accept the Response deemed most favorable to the County.

5.3 Evaluation Process

An evaluation committee comprised of the County personnel will evaluate all responsive Responses in accordance with the evaluation criteria detailed below.

This evaluation process may result in a short-list of Responses. The evaluation committee, at its option, may request that all or short-listed respondents make a presentation, other customer testimonials, submit clarifications, schedule a site visit of their premises (as appropriate), provide additional references, respond to questions, or consider alternative approaches.

5.3.1 Respondent Presentations

The County reserves the right to, but is not obligated to, request and require that each Respondent provide a formal presentation of its Response at a date and time to be determined. If required by the County, it is anticipated that such presentation will not exceed four (4) hours. No Respondent will be entitled to present during, or otherwise receive any information regarding, any presentation of any other Respondent.

5.3.2 Right to Inspect

The County reserves the right to inspect and investigate thoroughly the establishment, facilities, equipment, business reputation, and other qualification of the Respondent and any proposed subcontractors and to reject any Response regardless of price if it shall be administratively determined that in the County’s sole discretion the Respondent is deficient in any of the essentials necessary to assure acceptable standards of performance. The County reserves the right to continue this inspection procedure throughout the life of the Contract that may arise from this RFQ.

5.4 Selection Process

Upon review of all information provided by shortlisted respondents, the evaluation committee will make a recommendation for selection to the Chief Procurement Officer for concurrence and submission to the County elected officials. The County reserves the right to check references on any projects performed by the respondent whether provided by the respondent or known by the County. The selected Response(s) will be submitted for approval to the County Board. The County intends to select a Response(s) that best meets the needs of the County and provides the best overall value. Upon approval of the selected Respondent(s), a contract will be prepared by the County and presented to the Selected Respondent(s) for signature.

6 EVALUATION CRITERIA

6.1 Responsiveness of Response

Respondent is compliant with all the requirements of the RFQ.

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6.2 Technical Proposal

Responses will be reviewed and selected based on the following criteria:

Technical Evaluation Criteria Weight

1. Qualifications and experience for the respondent to successfully perform the services under the categories identified, as evidenced by the successful performance of similar services for other clients, particularly other government agencies including requirements set forth in section 7.2.3.

30%

2. Qualifications and experience of the proposed key personnel as evidenced by relevant experience of the individuals recognized within each category.

30%

3. Respondent’s experience with similar clients and legal matters. 25%

6.3 Financial Stability of the Respondent

Financial Stability will be evaluated separately.

Financial Stability 15%

6.4 Pricing Proposal

Per Section 4.18 Pricing, while price is not a factor, Respondents are asked to provide hourly rates for partners, associates, paralegals, and other rates or costs for additional services that could be provided. The County will also seek proposal options for monthly all-inclusive retainer amounts including but not limited to the following: staff meetings, telephone calls with executive staff, contract drafting/review, legal opinions/advice regarding personnel, and human resources.

7 SUBMISSION OF RESPONSE

7.1 Instructions for Submission

7.1.1 Electronic Submission

Respondents are required to electronically submit their Response to https://cookcountyil.bonfirehub.com/portal/?tab=openOpportunities no later than the time and date indicated in the RFQ.

The respondent is responsible for ensuring the electronic copy is complete.

7.1.2 Time for Submission

Responses shall be submitted no later than the due date and time indicated in this RFQ. Late submittals may not be considered.

7.1.3 Format

Material should be organized following the order of the Submission Requirements.

7.1.4 Complete Responses

Respondents are advised to carefully review all the requirements and submit all documents and information as indicated in this RFQ. Incomplete Responses may lead to a Response being deemed nonresponsive. Nonresponsive Responses will not be considered.

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7.1.5 Packaging and Labeling

All electronically submitted files are clearly marked to identify the 1) RFQ solicitation number 2) Name of the respondent 3) Contents of the file (i.e. Pricing Proposal, Technical Proposal, MBE/WBE Utilization Plan Forms).

7.1.6 Timely Delivery of Responses

The Response, including the Technical Response and the Pricing Response must be submitted electronically to Cook County, Office of the Chief Procurement Officer as per the instructions in Exhibit II-Instructions for Submitting an Electronic Bid/Proposal/Qualification. Include the RFQ number on any correspondence related to the Response.

7.1.7 Late Responses

The respondent remains responsible for ensuring that its Response is received at the time, date, place, and office specified in this RFQ. The County assumes no responsibility for any Response not so received, regardless of the cause of delay.

7.1.8 Schedule of Revisions to RFQ Schedule

Should the Respondent consider that changes in the County’s RFQ schedule are required; the Respondent shall submit a revised summary schedule with an explanation for the revision for the County’s review. The County will be under no obligation to accept revised schedules.

7.2 Submission Requirements

7.2.1 Cover Letter - submit a separate document for each category The cover letter shall be signed by an authorized representative of the respondent. The cover letter shall indicate the Respondent’s commitment to provide the services identified in the RFQ, as well as indicate what category or categories you are applying. The cover letter shall identify the members of the team that comprise the Respondent or the hierarchy of the key personnel within your firm. The cover letter should be signed by a Partner or other authorized attorney of the Respondent.