246828.pdf

COBB COUNTY PROCUREMENT SERVICES DEPARTMENT

122 Waddell Street, NE Marietta, Georgia 30060

(770) 528-8400 /Fax: (770) 528-8428 Email: procurementservices@cobbcounty.org www.cobbcounty.org/procurement-services

IMPORTANT NOTICE – PLEASE READ CAREFULLY!!

ALL proposals MUST be received at the Cobb County Procurement Services Department.

PROPOSALS MUST BE RECEIVED BEFORE 12:00 (NOON) ON

CLOSING DAY

Any proposal received later than 12:00 (noon) will not be accepted. The County accepts no responsibility for delays in the mail. Proposals are to be mailed or delivered to:

122 WADDELL STREET, NE

MARIETTA, GA 30060

All proposals shall be submitted on the Proposal Form. Any revisions made on the outside of the envelope WILL NOT be considered.

PLEASE CHECK proposal specifications and advertisement for document requirements.

Documents/Forms listed below MUST be submitted when required.

Omission of these documents /forms will cause your bid/proposal to be declared NON-RESPONSIVE.

PROPOSAL SUBMITTAL FORM (REQUIRED)

► Official Signature is required on this form guaranteeing the quotation.

CONTRACTOR AFFIDAVIT and AGREEMENT – Exhibit A (REQUIRED) ► Affidavit MUST be signed, notarized and submitted with any proposal requiring the performance of physical services If the affidavit is not submitted at the time of the proposal, proposal will be determined non-responsive and will be disqualified.

BID BOND (NOT REQUIRED)

A “SEALED PROPOSAL LABEL” has been enclosed to affix to your proposal. This label MUST be affixed to the outside of the envelope or package, even if it is a “NO PROPOSAL” response. Failure to attach the label may result in your proposal being opened in error or not routed to the proper location for consideration. No proposal will be accepted after the date and time specified.

Thank you in advance for your cooperation.

http://www.cobbcounty.org/procurement-services

PROPOSAL SUBMITTAL FORM

SUBMIT PROPOSAL TO:

Cobb County Procurement Services Department 122 Waddell Street NE

Marietta, GA 30060

SEALED PROPOSAL #: 24-6828

Request for Proposals

Microtransit Pilot Program Services Cobb County Department of Transportation

DELIVERY DEADLINE: May 9, 2024 BEFORE 12:00 P.M. (NOON) EST

(NO PROPOSALS WILL BE ACCEPTED AFTER THIS DEADLINE).

Proposal Closing Date: May 9, 2024 @ 2:00 P.M. in the Cobb County Procurement Services Department, 122 Waddell Street NE, Marietta, Georgia, 30060.

BUSINESS NAME AND ADDRESS INFORMATION:

COMPANY NAME:

CONTACT NAME:

COMPANY ADDRESS:

E-MAIL ADDRESS:

PHONE NUMBER: FAX NUMBER:

NAME AND OFFICIAL TITLE OF OFFICER GUARANTEEING THIS QUOTATION:

PRINT/TYPE NAME TITLE

TELEPHONE: FAX:

PROPOSER WILL INDICATE TIME PAYMENT DISCOUNT:

PROPOSER SHALL INDICATE MAXIMUM DELIVERY DATE (UNLESS OTHERWISE SPECIFIED IN PROPOSAL

SPECIFICATIONS)

SIGNATURE OF OFFICER ABOVE:

(SIGNATURE)

Proposals received after the date and time indicated will not be considered. Cobb County reserves the right to reject any and all proposals, to waive informalities, to reject portions of the proposal, to waive technicalities and to award contracts in a manner consistent with the county and the laws governing the State of Georgia.

The enclosed (or attached) proposal is in response to Sealed Proposal Number 24-6828; is a firm offer, as defined by section O.C.G.A. (s) 11-2-205 of the code of Georgia (Georgia laws 1962 pages 156-178), by the undersigned proposer. This offer shall remain open for acceptance for a period of 90 calendar days from the proposal opening date, as set forth in this invitation to proposal unless otherwise specified in the proposal documents.

NOTICE TO PROPOSERS - PROPOSAL QUOTES MUST INCLUDE INSIDE DELIVERY CHARGES

SEALED PROPOSAL LABEL

SEALED PROPOSAL ENCLOSED

DELIVER TO:

Cobb County Procurement Services 122 Waddell Street NE

SEALED PROPOSAL # 24 - 6828 DATE: May 9, 2024

PROPOSALS MUST BE RECEIVED BEFORE 12:00 P.M. (NOON)

DESCRIPTION: Microtransit Pilot Program Services

VENDOR: _____________________________________

LABEL MUST BE ATTACHED TO OUTSIDE OF PROPOSAL

PACKAGE

"STATEMENT OF NO PROPOSAL”

122 WADDELL STREET NE

MARIETTA, GA 30060

TO ALL PROSPECTIVE VENDORS:

Because of the many requests to be placed on our vendors' list, we are continuously updating the list.

While we want to include all bona fide vendors, we do not want to mail proposals to those vendors who may no longer be interested in participating in our Request for Proposals (RFP) process.

If you do not choose to respond to the attached RFP, please fill out the form below indicating if you want to be retained on our current vendor list.

Vendors who do not respond in any way (by either submitting a proposal or by returning this form) over a period of one year may be removed from the current vendor list.

Vendors who do not wish to submit a proposal will often return the entire solicitation packet. This is not necessary, and you can return this completed form to procurementservices@cobbcounty.org.

Thank you for your cooperation.

Cobb County Procurement Services Department

"STATEMENT OF NO PROPOSAL”

Sealed Proposal # 24-6828

Request for Proposals

If you do not wish to respond to the attached Request for Proposals, please complete this form and send to procurementservices@cobbcounty.org or by Fax to 770-528-8428

I do not wish to submit a proposal on this solicitation.

I wish to be retained on the vendor list for this commodity and/or service: Yes_____ No ____

Please PRINT the following:

Company Representative

You are invited to list reasons for your decision not to submit a proposal:

mailto:procurementservices@cobbcounty.org

REQUEST FOR PROPOSALS

Sealed Proposal # 24-6828

Proposal Closing Date: May 9, 2024

Pre-Proposal Conference: April 26, 2024 @ 9:00 AM (E.S.T.)

Paratransit and Maintenance Facility

CobbLinc Headquarters 431 Commerce Park Drive

Proposals Are Received in the Cobb County Procurement Services Department

Before 12:00 P.M. (Noon) By the Proposal Closing Date

Proposal Will Be Opened in the Cobb County Procurement Services Department at 2:00 pm

VENDORS ARE REQUIRED TO SUBMIT THE ORIGINAL, 1 COPY, AND 1 IDENTICAL ELECTRONIC

COPY ON A FLASH DRIVE

(UNLESS OTHERWISE SPECIFIED IN PROPOSAL SPECIFICATIONS)

NAME: ________

ADDRESS:

REPRESENTATIVE:

PHONE: FAX:

E-MAIL__________ _____________________________________________________________

NOTE: The Cobb County Procurement Services Department will not be responsible for the accuracy or completeness of the content of any Cobb County Invitation to Bid or Request for Proposals or subsequent addenda thereto received from a source other than the Cobb County Procurement Services Department.

REQUEST FOR PROPOSALS

MICROTRANSIT PILOT PROGRAM SERVICES

COBB COUNTY DEPARTMENT OF TRANSPORTATION

TRANSIT DIVISION

SEALED PROPOSAL #24-6828

Request for Proposals for Pilot Microtransit Project Page 2

1. General Information

1.1. History of CobbLinc

Cobb Community Transit (CCT) started operations on July 10, 1989, providing service along five (5) local routes. CCT was re-branded as CobbLinc in 2016 and currently transports an average annual ridership of one (1) million, post pandemic.

In 2024, CobbLinc will celebrate 35 years of providing transit service in Cobb County. The CobbLinc system is comprised of:

• Fixed route service (nine routes)

• Express service (five routes - two of which are Atlanta-Region Transit Link Authority Xpress routes)

• Rapid service (1 route)

• Paratransit service

• Transportation Voucher Program

• Demand-response service (FLEX) in three zones

• Circulator service (two free routes in the Cumberland area)

• Park-and-ride facilities (Acworth, Busbee, Floyd Road, Mableton, Marietta, & Town Center/Big Shanty)

• Transfer centers (Marietta Transfer Center & Cumberland Transfer Center) CobbLinc is operated through a service agreement with a private operator providing complete fixed-route operations, paratransit operations, maintenance, safety, and customer service.

Adopted in Spring 2022, the Cobb Forward 2050: Comprehensive Transportation Plan included a recommendation to replace our three existing on-demand FLEX-zones with a single, larger On Demand Micro Transit zone. The 30-year long range plan recommends expanding the On Demand Micro Transit system across most of the county.

Cobb County’s Microtransit Pilot Project was selected for funding assistance by the Atlanta-Region Transit Link Authority (ATL) based on pre-determined criteria. Federal, state and local funding is available to fund the project for an initial two-year period.

The proposed Microtransit service will include curb-to-curb service within the South Cobb service area and will connect to other transit services in South Cobb County and the Atlanta region. During initial operations, the project will be closely monitored and evaluated by CobbLinc and the ATL.

Based on selected key performance indicators and successful evaluation, a third year of funding may be authorized by the ATL for the Microtransit Pilot Project.

1.2. Purpose of Procurement

A. Cobb County Department of Transportation (“CobbLinc” or “County”) requests competitive sealed proposals from qualified firms (“Contractor”) to provide On-Demand Micro Transit Services. CobbLinc system services can be found at https://www.cobbcounty.org/transportation/cobblinc. It is CobbLinc’s intent to retain one contractor to operate, maintain and administer all contractor-identified services in this RFP, https://www.cobbcounty.org/transportation/cobblinc

Request for Proposals for Pilot Microtransit Project Page 3 such that nothing remains to be purchased, provided, or supplied by CobbLinc, other than existing CobbLinc Vehicles, equipment listed, or other items as listed throughout this Request for Proposals (RFP).

B. The County will contract with the Successful Proposer individually. The County is interested in how the Contractor will approach this unique arrangement and is also interested in gaining the Contractor’s insights into gaining maximum advantage from this cooperative effort.

C. The Scope of Work consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, safety equipment, services and incidentals required to deliver the Scope of Work beginning with Section 5 of this RFP.

D. The Services to be performed correspond to the National Institute of Governmental Purchasing (NIGP) general commodity code #958, Management and Operation Services, and NIGP specific commodity code #95891, Transit Management Services.

1.3. Type and Term of Contract

A. The Cobb County Department of Transportation Transit Division will allocate appropriate funds to the awardee for the development and operation of a one (1) year Micro Transit pilot program.

B. The agency intends for the initial Micro Transit agreement one-year period during 2024, with date dependent on the execution of the agreement, with the possibility of two (2) one (1) year extensions exercisable by the Cobb County Department of Transportation Transit Division solely at its discretion.

C. This Agreement shall be negotiated as a predetermined annual price contract for the cost of program operation and management.

1.4. Federal Participation in Contract

A. The contract awarded as a result of this solicitation shall be financed in part by funds from the Federal Government awarded through programs of its operating administrations, including the Federal Transit Administration (FTA). As such, all FTA requirements governing the use of federal funds or that may come into effect are in effect.

B. Proposer must submit completed certifications with their proposal. Please refer to Section 12 for a complete list of the required certifications.

C. Failure to provide all required certifications, completed in full, including an authorized signature, will cause the proposal to be deemed non-responsive. There are no exceptions to this requirement.

1.5. Restrictions on Communications with the County

A. From the date of issuance of this solicitation through the date of contract award by the County, excepting the pre-proposal conference/site visits and oral presentations, Proposers are not allowed to communicate for any reason with any County staff or Board Members regarding this procurement. All Proposer communications concerning this solicitation shall be directed to the County’s Procurement Services Department identified in Section 1.5 Contact Information. Prohibited communication includes all contact or interaction regarding this solicitation, including, but not limited to, telephonic communications, emails, faxes, letters, Request for Proposals for Pilot Microtransit Project Page 4 texts, or personal meetings. Unauthorized contact regarding this solicitation may result in disqualification.

B. Oral communications regarding this solicitation shall not be considered official communications. The County is not responsible for any oral statements made by its employees regarding this solicitation. All official communications to and from the County regarding this solicitation shall be transmitted in writing.

1.6. Contact Information

A. All written inquiries, submissions, and/or other correspondence regarding this solicitation (excluding protests submitted in accordance with Section 2.6 below) must be directed in writing by 5:00 PM on April 30, 2024 to:

Cobb County Procurement Services Department

122 Waddell Street NE Marietta, GA 30060 Fax: 770-528-8428

Email:

procurementservices@cobbcounty.org

1.7. Pre-Proposal Conference/ Site Visits

A. All prospective proposers are invited to attend the pre-proposal conference/site visit, which will be held on April 26, 2024 at 9:00 AM EST at the CobbLinc Headquarters, Paratransit and Maintenance Facility, located at 431 Commerce Park Dr., Marietta, GA, 30060. The tour of the facility will end at 12:30 PM. While attendance is not mandatory, it is highly encouraged.

Disadvantaged Business Enterprise (DBE), small and minority and woman-owned businesses are encouraged to attend the pre-proposal conference/site visit to learn about the procurement and to network with potential prime contractors and subcontractors.

1.8. Questions

A. Questions regarding the RFP must be submitted in writing, defined as being received by electronic mail in accordance with Section 1.5 Contact Information.

B. The final contract the County expects to award as a result of this RFP is referred to in Sections 13 and attached hereto as Sample Contract to this RFP. Therefore, all costs associated with complying with the requirements of the Contract shall be included in any pricing submitted by the Proposer.

C. Please review the Contract and submit any and all questions, clarifications and recommendations to Cobb County Purchasing by the deadline date and time specified in this

RFP.

END OF SECTION 1

mailto:procurementservices@cobbcounty.org

Request for Proposals for Pilot Microtransit Project Page 5

2. Scope of Work (SOW)

2.1. A successful proposal will provide new on-demand transportation service open to the public that:

A. Expands coverage to areas not serviced by fixed route.

(1). The area for the pilot program has been predetermined and can be found in the depiction on the next page.

(2). The pilot area consists of an approximate area of twenty square miles.

B. Improve the customer experience, including more access, decrease wait and trip times, and ease of use.

(1). Anticipated wait times for a ride to be approximately fifteen minutes, no more than 30 minutes

C. Integrate experience to fixed route network.

D. Leverages existing technology or utilizes a turnkey solution acquired in accordance with State procurement rules, that will enhance/ improve the customer experience.

E. Improve public transportation state-wide in terms of flexibility, efficiency, interregional connectivity, ease of use and accessibility.

F. Generate data to understand transit demand and travel flows.

G. Provides access to the coverage area, as defined by image on the next page. Area encompasses approximately 22 square miles.

Request for Proposals for Pilot Microtransit Project Page 6

Request for Proposals for Pilot Microtransit Project

2.2. Applications will be evaluated by Cobb County DOT personnel in the following:

A. How the service area provides connections to essential service and other modes of public transportation.

B. Staffing model

C. Implementation Schedule

D. In addition, a successful proposal will clearly outline the existing technology to be used or identify a method and timeline by which a turnkey solution will be procured to enable same-day rides to be reserved via a smart phone application or toll-free phone call.

2.3. Eligible Applicants

A. Applicants are required to procure the necessary vehicles, software, and labor to operate the service proposed in the applicant’s service plan, as discussed below.

2.4. Minimum Requirements

A. Eligible applicants shall outline how their proposal will meet the following minimum requirements and must provide proof that they meet these minimum qualifications:

2.5. Service Plan:

A. The program shall be designed to operate for up to two (2) years, with service scalable based on demand.

B. The program must not allow customers the choice to ride alone.

C. All vehicles provided by the program will be ADA accessible.

D. Riders must be able to reserve a same-day ride.

E. Trip scheduling shall be done through the use of an app-based software platform. This software must be available to the public.

F. Riders must be able to access service within the identified service area at any time service is operational.

G. Fee for the service must be collected at the time that the customer schedules the ride with the app platform.

H. Proposed operating hours are currently set as Monday through Friday from 7AM to 7PM.

Contractor shall provide options for allowing the possible extension of operating hours.

I. The process by which riders can reserve or request a ride must be clearly outlined, including how far ahead a ride can be requested and whether there are any limitations on wait time

J. The successful applicant will be required to ensure all personnel are fully trained in the micro transit technology and scheduling process, i.e., communicating with passengers and locating pick up/drop off locations utilizing the technology provided.

2.6. Software

A. Backend Characteristics

(1). Software must provide for scheduling, dispatch, reservation, user interface and data collection. Eligible applicants proposing to leverage existing technology and utilize proprietary software must indicate how it meets these requirements.

B. Rider Application Characteristics

(1). Real-time vehicle locations or arrival and departure times must be available for the rider.

C. Tech Support

(1). The applicant must provide all software, installation, training, technical assistance, hardware, and equipment required to deploy and manage the service.

2.7. Performance Monitoring and Reporting

A. Reporting data must be available to Cobb County DOT upon request as well as on a regular interval that the Cobb County DOT deems appropriate (weekly, monthly, quarterly, annually).

(1). Data collection, computations, and reporting must comply with the most recent version of the Federal Transit Administration’s National Transit Database Policy Manual guidance on Service data (S-10) for Demand Response service.

(2). Key performance indicators (KPI) must be able to be itemized by trip and identified as an accessibility or non-accessibility related trip to make comparisons easier and ensure that the service is equitable.

(3). The successful applicant must report the following KPI, or any other metric CobbLinc deems necessary, in a table format preferably in an excel file .csv, .xsl, or PDF file format.

a. Passenger counts

b. Total trips

c. Vehicle revenue miles

d. Vehicle revenue hours

e. Linked Origin/Destination Trips

f. Productivity (rides per revenue hour)

g. Minimum, maximum, and average wait times

h. Average trip time per passenger

i. Average wait time per passenger

j. Fare payment data

k. Trips not completed

l. Trip denials /requests not honored

m. Service peak days/times

n. Customer service call logs and average call time

o. Customer complaints and disposition

p. Other key performance indicators can also be considered as part of monthly reports

2.8. Fare Structure and Payment

A. Awardees shall work with CobbLinc to operate service based on the cost per ride set forth by CobbLinc.

B. Fare structure must not include surge pricing due to increased demand.

C. User applications and interfaces, business operations, hardware and security must be and remain compliant with the latest version of the Payment Card Industry Data Security Standard (PCI-

DSS)

2.9. Customer Service Plan

A. The Awardee shall have a designated contact(s) for riders with questions, complaints, or requests for information about the service.

B. In partnership with the Cobb County DOT the awardee(s) must complete a customer satisfaction survey during the first two years of the program to gauge program benchmarks and success

C. Awardee shall provide monthly reports that will measure key indicators of rider satisfaction that will be utilized to gauge customer service performance. These measures will include:

(1). Average wait time

(2). Email response times

(3). Call response times

(4). Customer complaints and disposition

(5). Missed trips

(6). Other key performance indicators can also be considered as part of the monthly reports

2.10. Vehicle Acquisition and Operation

A. Drivers must be appropriately licensed by the DMV and have sensitivity training in how to work with diverse populations and those with special needs.

B. Vehicles must be appropriately registered.

C. Vehicles must be owned, leased, or contracted by the awardee(s) including wheelchair or mobility device accessible vehicles.

D. Vehicles used to provide service must be maintained in regular industry-standard intervals specific to the vehicle make and mode.

2.11. Marketing Plan

A. Awardee shall develop public outreach, customer experience, and marketing plans to promote the use of the new service.

B. All marketing and outreach shall:

(1). Be compatible with industry language for the service model proposed.

(2). Utilize consistent language and branding.

(3). Highlight how the new microtransit service will fit in with other existing services in the region.

(4). Clearly define social media presence.

(5). Incorporate a launch plan.

(6). Identify how the service will be communicated to the public and consider a decision tree to assist potential riders with determining if the service is relevant to their needs.

(7). Identify livery for the vehicles.

(8). Consider marketing needs beyond the two (2) year program period.

2.12. Proposed Management Team

A. The Awardee shall provide a Management Team that will be responsible for managing the services for the duration of the Agreement. This Management Team will be full time, dedicated to the Agreement, and will be available to respond to critical conditions and emergencies at any time on any day. The Management Team shall not be changed without COBB COUNTY DOT’s written approval, which approval will not be unreasonably withheld. COBB COUNTY DOT will have right to add or reduce the number of positions, approve any Applicant proposed personnel changes or organizational changes, request personnel or organizational changes, and will have the right to reject any proposed candidate. If a candidate is rejected, the Applicant will be required to propose an alternate candidate who, if satisfactory to COBB COUNTY DOT, may be approved and assigned to the Agreement.

B. The Management Team will, at a minimum, include:

(1). A chart illustrating the proposed operations team to carry out the daily activities. Names of personnel, role within the project, and years’ experience shall be indicated on the chart with bio or resume provided, where applicable.

a. General Manager – this individual will be an experienced bus transit executive, with 10 or more years of experience in public transit, qualifications and references satisfactory to COBB COUNTY DOT, and 10 or more years of bus transit management at the executive level.

b. Planning and Marketing – this individual will be an experienced manager, assist in state-wide planning, express route planning, and assist in planning for the districts, with 10 or more years of experience in public transit, qualifications, and references satisfactory to COBB COUNTY DOT, and 5 or more years of planning and marketing experience at the management level.

c. Operations - this individual will be an experienced bus operations manager, with experience in bus transit, qualifications, and references satisfactory to COBB COUNTY DOT, bus operations management in a system with a staff size, service plan, and fare collection.

d. Maintenance – this individual will be an experienced fleet maintenance manager, experienced in new vehicle technologies, with experience operating fleets and facilities with qualifications and references satisfactory to COBB COUNTY DOT.

e. Administration – this individual will be an experienced transit administrative manager, with experience administering finance, human resource (including hiring, labor relations, and training), customer service, coordination with outside agencies, and asset management for an agency (or agencies) with qualifications and references satisfactory to COBB COUNTY DOT.

f. Safety & Training – this individual will be experienced in safety and training, with experience on all matters relating to company safety, training, OSHA, and environmental protection matters.

g. Invoicing and Billing- this individual shall be experienced in day-to-day accounts receivable and payables practices.

h. Customer Service – This / These individuals shall have experience in providing information to the public regarding the services of the System.

i. Human Resources / Labor Relations – This individual shall have experience in labor relations and human resources matters, gathering, collecting, and maintaining documents and records required for contract and policy development, investigations, and negotiations.

2.13. COBB COUNTY DOT will not be liable for any expenses incurred by a Contractor in preparing a proposal. COBB COUNTY DOT reserves the right to reject any and all proposals.

END OF SECTION 2

3. Solicitation Terms and Conditions/Instructions to Proposers

3.1. Deadline for Submission of Proposals/Late Proposals

Proposals submitted in response to this Request for Proposal must be received by the county before 12:00 PM (EST) on May 9, 2024. Proposals received after the submission deadline will not be accepted.

3.2. Format of Proposals

A. Each Proposer shall submit one (1) original, one (1) identical paper copy and one (1) flash drive copy. The flash drive shall contain an identical, searchable PDF electronic copy. The flash drive shall be labeled with the Proposer’s name. The Technical Proposal shall consist of all offer documents and supporting documentation requested in the RFP (“Technical Proposal”), excluding the Cost Proposal which shall be separately sealed but contained in the same response package. The Technical Proposal shall be submitted in a sealed envelope and clearly marked “Technical Proposal” with the Proposer name, Cobb County Solicitation Number and Proposal Submission Deadline on the exterior of the envelope. The “original” paper copy of the Technical Proposal must be unbound. The USB drives shall contain electronic file copies of all complete, signed Offer Documents that are submitted in paper copy format.

B. Both the Technical Proposal and the separate Cost Proposal must be submitted to Cobb County’s Procurement Services Department by the Proposal Submission Deadline in order for the Proposer’s submission to be eligible for evaluation and consideration for contract award.

All paper copies must be clearly marked as being either “Original” or “Copy” as applicable.

Electronic copies, submitted on a USB flash drive, must be submitted in searchable Portable Document Format (PDF). In the event of a discrepancy between a hard copy and electronic versions, the original hardcopy version will govern.

C. If a Proposer submits an affidavit referred to in the (Confidential/Proprietary Information) Section, the Proposer shall provide one (1) separate electronic copy in searchable PDF format on one or more USB flash drives of its proposal labeled "Cobb County Solicitation No.:

[Proposer Name] [Copy of Non- Confidential Portion of Proposal]" that excludes any records attached to such affidavit with no file to exceed 50MB.

D. All proposals must be prepared and submitted in accordance with the proposal format and content requirements specified. Proposals must be in English, and all pricing must be provided in US dollars and exclude federal excise taxes as well as any applicable state or local sales and use taxes.

E. The County is exempt from Federal excise taxes; no payment will be made for any taxes levied on Proposer’s employee’s wages. The County is also exempt from State of Georgia and local sales and use taxes. The County shall furnish tax exemption certificates, upon request, to the successful Proposer.

F. As a condition of submission responsiveness, all offer documents that require the signature of Proposer must be signed. Any contract award made as a result of this solicitation shall bind the Proposer to all of the terms, conditions, and specifications set forth in this RFP.

3.3. Location for Submission of Proposals/Methods of Delivery

A. Proposals must be submitted exclusively to the Procurement Services Department at the address noted in Section 1.5. It is the sole responsibility of the Proposer to ensure that its proposal is successfully delivered to Cobb County by the specified date and time. Cobb County is not responsible for late or lost deliveries of proposals, for whatever reason.

B. Proposals that are submitted by hand delivery or delivery by U.S. Postal Service or private courier/delivery service must be delivered to the Cobb County Procurement Services Department, 122 Waddell Street NE, Marietta, Georgia, 30060.

3.4. Amendments to the Solicitation (Addenda)

A. The County reserve the right to revise or amend the RFP up to the time allowed by law. Such revisions and amendments, if any, shall be announced by written addenda to the RFP. Upon issuance, addenda will be considered part of the RFP and will prevail over inconsistent or conflicting provisions contained in the original RFP. Copies of all addenda will be made available for download on www.cobbcounty.org/purchasing. Receipt of addenda shall be acknowledged in the bid. It is the bidder’s ultimate responsibility to ensure that they have all applicable addenda prior to bid submittal.

B. The County will not be responsible for a potential Proposer failing to receive notification of the availability of addenda. EACH PROPOSER IS INDIVIDUALLY RESPONSIBLE FOR

REVIEWING ADDENDA AND ANY OTHER POSTED DOCUMENTS AND MAKING

ANY NECESSARY OR APPROPRIATE CHANGES AND/OR ADDITIONS TO THE

PROPOSER’S RESPONSE PRIOR TO SUBMISSION.

C. If an addendum significantly changes the RFP, the date set for the submission of proposals may be postponed by such number of days as deemed suitable to enable potential Proposers to revise their proposals.

3.5. Single Response to the Solicitation

A. If only one proposal is received in response to this RFP, a detailed cost analysis of the single proposal may be requested of the single Proposer. A cost analysis, evaluation, and/or audit of the proposal may also be performed by the County in order to determine if the proposal price is fair and reasonable. If the County determines that a cost analysis is required, the single Proposer must be prepared to provide, upon request, detailed summaries of estimated costs (i.e., labor, equipment, supplies, overhead costs, profit, etc.) and documentation supporting all cost elements.

3.6. Protests

A. Protests related to this solicitation will only be accepted from Proposers whose direct economic interest would be affected by the award of a contract or failure to award a contract.

Requests shall be directed to the Cobb County Procurement Services Department, 122 Waddell Street NE, Marietta, GA 30060. This project is funded in part by the Federal Transit Administration (FTA). FTA review of protests is limited to a grantee failing to have protest procedures, violating such procedures, or failing to review a complaint or protest. A copy of the protest procedures is included in Attachments.

http://www.cobbcounty.org/purchasing

3.7. Confidential/Proprietary Information

A. Any and all materials submitted in response to this RFP are subject to public inspection, pursuant to the provisions of O.C.G.A. § 50-18-70 et seq., Georgia’s Open Records Act, upon completion of the RFP process. Each Proposer shall be responsible for clearly identifying and labeling any records contained in its proposal as "Confidential/Proprietary Information" that the proposer has reasonably determined meet the definition of "trade secret" under Section 10- 1-761(4) of the Georgia Code and that the proposer wishes to be exempt from disclosure under Section 50-18-72(a)(34) of the Georgia Code or any other applicable law. The Proposer must attach to its proposal an affidavit affirmatively declaring that specific information in the Records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Georgia Code. Marking the entire Proposal as confidential/proprietary will result in disqualification.

B. If the County receives a request for public disclosure of all or any portion of the materials identified as "Confidential/Proprietary Information" in a proposal in accordance with this RFP, before producing such records in response to such request, the County shall notify the Proposer of its intention to produce such records. If the County makes a determination that the specifically identified information does not in fact constitute a trade secret, it shall notify the Proposer of its intent to disclose the information within ten (10) days unless prohibited from doing so by an appropriate court order.

C. Proposers are advised that their designation as "Confidential/Proprietary Information" will not be binding on ATL or determinative of any issue relating to confidentiality. The County will not accept blanket designations that do not clearly identify information and materials that are "Confidential/Proprietary Information". The County may, in its sole discretion, and subject to compliance with the Open Records Laws and other applicable law, treat the whole of the relevant Section(s)/document(s) that are subject to such a blanket designation as subject to disclosure pursuant to the Open Records Laws.

D. All material submitted regarding the RFP becomes the property of the County. Any activity pursuant to this RFP by any Proposer is governed by all applicable laws, including without limitation, Georgia and Federal antitrust laws. The County is responsible to return to a Proposer any or all of the proposal or other information furnished by that Proposer.

E. In no event will the County or any of their agents, representatives, consultants, directors, officers or employees be liable to a Proposer or subcontractor for the disclosure of all or a portion of any proposal submitted in response to this RFP.

F. Nothing contained in this provision shall modify or amend requirements and obligations imposed on the County by the Open Records Laws or other applicable law, and the provisions of the Open Records Laws or other laws shall control if there is a conflict between the procedures described above and the applicable law.

3.8. Reserved Rights

A. In connection with this solicitation, the County reserves to itself all rights (which rights are exercisable by the County in its sole discretion) available to it under its Procurement Policy and applicable law, including without limitation, with or without cause, and with or without notice, the right to:

(1). modify the procurement process or documentation described in this RFP; develop the project in any manner that it, in its sole discretion, deems necessary or desirable, including by modifying the scope of the project;

(2). cancel this RFP, or a subsequent RFP, in whole or in part at any time prior to the execution by the County of the Contract, without incurring any cost obligations or liabilities except as otherwise expressly stated in this RFP or the subsequent RFP;

(3). issue a new request for proposals after cancellation of this RFP or a subsequent RFP;

(4). not issue an RFP;

(5). reject any and all submittals, responses, and proposals at any time;

(6). reject any and all proposals or any portion of a specific proposal for any reason;

(7). modify all dates set or projected in this RFP;

(8). terminate evaluations of proposals at any time;

(9). issue amendments, supplements, and modifications to this RFP;

(10). appoint Evaluation Committees to review proposals, and seek the assistance of outside technical experts and consultants in Proposal evaluation;

(11). make independent calculations with respect to numbers and calculations submitted in a Proposal for purposes of its evaluation;

(12). revise the evaluation criteria or methodology by issuing an amendment prior to the Proposal Submission Deadline;

(13). require confirmation of information furnished by a Proposer, require additional information from a Proposer concerning its proposal and require additional evidence of qualifications or ability to perform the work described in this RFP;

(14). Down-select to one or multiple Proposers or add additional down-selection phases;

(15). seek or obtain data from any source that has the potential to improve the understanding and evaluation of the responses to this RFP;

(16). add or delete Proposer responsibilities from the information contained in this RFP;

(17). negotiate with one or more Proposers without the County being bound by any provision of a Proposer's proposal or subsequent Proposal;

(18). negotiate contract terms contemporaneously and/or subsequently with any number of proposers as the County deems to be in their best interests;

(19). waive administrative or minor deficiencies in a Proposal, accept and review a non-conforming proposal or permit clarifications or supplements to a Proposal;

(20). disqualify any Proposer who changes its proposal without the County’s approval;

(21). disqualify any Proposer from the procurement process for violating any rules or requirements of the procurement specified in this RFP, the RFP, applicable law, or any other communication from the County;

(22). add to the shortlist of Proposers any Proposer that submitted a Proposal in order to replace a Shortlisted Proposer that withdraws or is disqualified from participation in this procurement;

(23). (as and solely to the extent applicable) adjust the terms of, or not pursue to federal financing programs, or adjust the terms of, or not to pursue other financing or public funding for the Project on behalf of the Proposers, or otherwise;

(24). develop some or all of the Project itself or through another state or local government entity or entities;

(25). disclose information submitted to the County as permitted by applicable law or this RFP;

(26). exercise any other right reserved or afforded to the County under this RFP or a subsequent RFP and applicable law; and

(27). exercise its discretion in relation to the matters that are the subject of this RFP as it considers necessary or expedient in light of all circumstances prevailing at the time that the County considers to be relevant.

B. This RFP does not commit the County to enter into the Contract or proceed with the procurement described in this RFP. The County assume no obligations, responsibilities or liabilities, fiscal or otherwise, to reimburse all or part of the costs incurred or alleged to have been incurred by parties considering a response to or responding to this RFP, or any subsequent RFP. All such costs shall be borne solely by each Proposer.

C. Except as provided in this RFP, in no event will the County be bound by, or liable for, any obligations with respect to the Project until such time (if at all) as the Contract has been authorized by the County and executed by the County and, then, only to the extent provided in the Contract. No Proposer shall have any cause of action against the County arising out of the methods by which proposals are evaluated.

D. The County has the sole right to select the successful proposal(s) for contract award(s); to split a contract where allowable; to cancel the solicitation and to advertise for new proposals; to award a contract(s) to other than the Proposer submitting the lowest price proposal; to award multiple contracts; or not to award a contract as a result of this RFP.

E. The County reserves the right to accept any proposal deemed to be in the best interest of the County and to waive any irregularity or informality in any proposal that does not prejudice the County or other Proposers.

F. The County reserve the right to negotiate with the Proposer whose proposal is considered by the County, and in its sole discretion, to be most advantageous to the County.

3.9. ADA Guidelines

A. The County will adhere to the guidelines set forth in the Americans with Disabilities Act.

Proposers shall contact the Procurement Services Department at least one day in advance if they require special arrangements when attending the hosted site visits.

3.10. Contractual Relationships

A. The selected Contractor’s contractual responsibility must solely rest with one firm or legal entity, which shall not be a subsidiary or affiliate with limited resources. Proposer’s Proposal Letter must clearly indicate the firm or entity responsible for contract execution.

3.11. Proposal Withdrawal and/or Revision Following Submission

A. A submitted proposal may be withdrawn and changes to a submitted proposal can be made prior to the Proposal Submission Deadline. In the event a Proposer notes an error or omission in its response which was overlooked prior to submitting the proposal, the Proper may contact the Issuing Officer to request the proposal withdrawn. Once the Proposer’s response is withdrawn, the County has no response from the Proposer. Unless and until the Proposer resubmits the received response, the County will have no offer from the Proposer to evaluate for possible Contract award. Any resubmission must the received by the Proposal submission deadline.

3.12. Proposer Conflicts of Interest

A. Proposer must disclose in detail, with the Proposal, anything that may create a conflict or appearance of a conflict of interest. For purposes of this RFP, “conflict of interest” means any situation or circumstance arising out of existing or past activities, business interests, familial relationships, contractual relationships, or organizational structure (i.e., parent entities, subsidiaries, affiliates, subconsultants, etc.) or litigation where: 1.) Proposer, a key team member or Key Personnel could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of the County’s independent judgment; or 2.) could or could be seen to compromise, impair or be incompatible with the effective performance of its obligations under the resulting Contracts.

B. Required disclosures include, but are not limited to: 1.) any current contractual relationships with the County, any of their employees or board members; 2.) any past, present or planned contractual or employment relationships with any officer or employee of the County; and 3.)

any other circumstances that might be considered to create a financial interest in the Contract by the County or any of their respective employees or board members if Proposer is awarded the Contracts. The foregoing list is a demonstrative list and shall constitute a limitation on the Proposer’s disclosure obligations.

C. The County, in their sole discretion, will make a determination relative to a real or perceived potential conflict for a Proposer and its ability to mitigate such a conflict. A Proposer found to have a Conflict of Interest that cannot be mitigated, as determined in the sole discretion of the County, shall not have its proposal submission evaluated for Contract Award.

D. Failure to comply with the requirements in this Section 3.12 or to abide by the County’s determination in this matter may result in the County disqualifying the Proposer from submitting a proposal, disqualifying the offending team member from participating on a Proposer’s team or, following submission of a proposal, discontinuing further consideration of such Proposer and its proposal.

E. Conflicts of interest that arise after the Proposal submission deadline, but before the Notice of Award, must be disclosed in detail in writing to the Issuing Officer.

3.13. Contractual Provisions

A. The Contract to be executed between the selected Contractor and the County and Contractor have been included in a form substantially similar to Section 13, Sections 5-12, Exhibits and Attachments, respectively, to this RFP. Where the agreements conflict, the conflicting language shall be resolved prior to the execution of a final agreement with the selected Contractor. The County may approve exceptions or changes to the Pro Forma contract. The County reserves the right to modify the Pro-Forma Contract and/or include additional contractual provisions in the Contract at their sole discretion.

3.14. Registered Lobbyists

A. By submitting a response to this RFP, the Proposer hereby certifies that the Proposer and its lobbyists are in compliance with the Lobbyist Registration Requirements in accordance with the Georgia Government Transparency and Campaign Finance Commission.

3.15. Responsibility for Compliance with Legal Requirements

A. Proposer’s products, services, and facilities shall be in full compliance with any and all applicable federal, state, and local laws, regulations, ordinances, and standards regardless of whether or not they are referred to in this RFP.

3.16. Conditional Proposals

A. Terms and conditions attached to a proposal by a Proposer and made a condition of Contract execution may render the proposal non-responsive and may be rejected by the County.

3.17. Period that Proposals Remain Valid

A. Each Proposer agrees that proposal will remain firm for a period of one hundred and eighty

(180) Days beginning with the date that proposals are opened. Following the deadline for proposal submission, no proposal may be withdrawn for a period of 180 calendar days. For reasons of sustaining validity of potential desirable proposals to the fullest extent, the County may extend the Restriction of Communication and delay any post-award debriefings, to the extent allowed, as it deems necessary.

B. Requests for withdrawal of proposals after 60 Days following the deadline for proposal submission must be submitted to the County in writing (defined as being sent or received via letter on official firm/agency letterhead or by electronic mail) to the attention of Issuing Officer.

3.18. If a Best and Final Offer (BAFO) is requested, Proposer agrees to hold the BAFO available for acceptance for a minimum of ninety (90) Days after submission of the BAFO Cost Proposal.

The County’s Right to Request Additional Information-Contractor Responsibility

A. Prior to award, the County must be assured that the selected Contractor has all of the resources to successfully perform under the Contract. This includes, but is not limited to, adequate number of personnel with required skills, availability of appropriate equipment in sufficient quantity to meet the on-going needs of the County, financial resources sufficient to complete performance under the Contract, and relevant experience in similar endeavors. If such information is required, the Contractor will be so notified and will submit the information requested within the time requested by the County.

3.19. Sales and Use Taxes

A. The County is exempt from paying sales and use taxes. All pricing provided in response to this RFP shall exclude sales and use taxes.

3.20. Proposal Preparation Costs

A. Each proposal shall be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete proposal. All costs of proposal preparation, attendance at hosted site visits and/or pre-award meetings, and any other pre-award costs shall be at Proposer’s sole cost and expense. The County shall not compensate the Proposer and the Proposer shall not be entitled to for any expenses incurred by the Proposer in:

(1). Preparation of the proposal in response to this RFP and submitting the proposal;

(2). Providing assurances in response to this RFP, including bonds;

(3). Negotiating with the County and on any matter related to the proposal.

B. The County shall also not be responsible for any other expenses incurred by the Proposer prior to the date of Contract award. The County, the Board of Commissioners, ATL, Georgia Regional Transportation Authority (GRTA), State Road and Tollway Authority (SRTA), and their respective Boards of Directors, their staff and their agents shall be held harmless from any liability, claims, or expenses whatsoever, incurred by, or on behalf of, any person or organization in responding to this RFP.

3.21. Insurance Requirements

A. The Contractor shall procure and maintain, or cause others to procure and maintain, for the duration of the Contract, insurance against claims for injuries to persons or damages to property or theft which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, subcontractor or authorized County transit staff, including but not limited to, the procuring of insurance against claims for injuries to persons or damages to property including claims that may arise at County owned or leased transfer centers, park and ride lots or bus stops, or theft of any and all transit vehicles and equipment either owned by the County or leased by the County or otherwise used by the Contractor or the County in connection with the operation of the transit system and the…