Beaufort_County_Broadband_Project_(Addendum_#2_Revision).pdf

REQUEST FOR PROPOSAL

BEAUFORT COUNTY BROADBAND PROJECT

RFP # 111824

Prepared By: Information Technology

Dated: Tuesday, October 15, 2024

Proposal Due Date: Monday, November 18, 2024, 3:00 pm (EST)

RFP #111824 DOCUMENTS Page 2

NOTICE

COUNTY COUNCIL OF BEAUFORT COUNTY

PROCUREMENT SERVICES DEPARTMENT

106 Industrial Village Road, Bldg. 2 Post Office Drawer 1228 Beaufort, South Carolina 29901-1228

PROPOSAL NOTICE NO. 111824

CLOSING DATE AND TIME: Monday, November 18, 2024, 3:00 pm PROPOSAL TITLE: Beaufort County Broadband Project

You are invited to submit a proposal, in accordance with the requirements of this solicitation which are contained herein.

There will be a Non-Mandatory Pre-Proposal meeting at 2:00 pm (EST) on Thursday, October

31, 2024 at This is a virtual meeting. Email victoria.moyer@bcgov.net. Please contact Victoria

Moyer at victoria.moyer@bcgov.net for the meeting link. All vendors are encouraged to attend.

In order for your proposal to be considered, it must be submitted through the Procurement Portal no later than 3:00 pm (EST) on Monday, November 18, 2024, at which time respondents to this request will be recorded in the presence of one or more witnesses. RFPs received after the time specified will not be considered. Due to the possibility of negotiation with all respondents, the identity of any respondents or the contents of any proposal shall not be public information until after the contract award is made; therefore, the public is not invited to the proposal closing.

Proposals must be submitted through the Procurement Portal at https://procurement.opengov.com/portal/bcgov. If you are not already registered, please register as a Vendor. There is no cost to register your company. This will allow you to submit your RFP electronically.

All submittals (see Submission Requirements) received in response to this Request for Proposal will be rated by a Selection Committee, based upon the Evaluation Criteria contained within this

RFP. If the best proposal respondent is clearly identified from the point summary, there will not be a need for oral presentations. If not, then an oral presentation from a minimum of the top two rated firms shall be required.

This solicitation does not commit Beaufort County to award a contract, to pay any costs incurred in the preparation of a proposal, or to procure or contract for the articles of goods or services. The

County reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with all qualified firms, or to cancel in part or in its entirety this solicitation, if it is in the best interests of the County to do so.

Dave Thomas, Procurement Services Director

(843) 255-2304 mailto:victoria.moyer@bcgov.net https://procurement.opengov.com/portal/bcgov

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IMPORTANT ELECTRONIC SUBMITTAL REQUIREMENTS

Response submittals for this Request for Proposal will ONLY be received electronically and must be submitted ONLINE, through the Procurement Portal, no later than 3:00 pm on Monday, November 18, 2024.

All responses must adhere to the following guidelines:

• Suppliers are encouraged to submit responses as soon as possible. Responses are received through our secure Procurement Portal and cannot be opened prior to the due date and time. The time and date of receipt as recorded by the server will serve as the official time of receipt. The County is not responsible for late submissions, regardless of the reason.

• All requested information and forms MUST be uploaded as indicated in the

PROPOSAL SUBMITTAL Section. If you have a problem with your submittal, you may contact Support through the Procurement Portal.

https://procurement.opengov.com/portal/bcgov/projects/124980/document?section=1118534 mailto:cservice@vendorregistry.com

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TITLE VI STATEMENT

COUNTY COUNCIL OF BEAUFORT COUNTY

Title VI Statement to Prime Contractors, Subcontractors, Architects, Engineers, and

Consultants

It is the policy of the County Council of Beaufort County, South Carolina, hereafter referred to as

“Beaufort County” or “the County”, to comply with Title VI of the 1964 Civil Rights Act (Title

VI) and its related statutes. To this end, Beaufort County assures that no person shall be excluded from participation in, denied the benefit of, or subjected to discrimination under any of its programs or activities on the basis of race, color, national origin, age, sex, disability, religion, or language regardless of whether those programs and activities are Federally funded or not. The

County is also committed to assuring every effort will be made to prevent the discrimination of low-income and minority populations as a result of any impact of its programs or activities. Beaufort County also assures that every effort will be made to prevent discrimination through the impacts of its programs, policies, and activities on minority and low-income populations. Additionally, the County will take reasonable steps to provide meaningful access to services for persons with limited English proficiency. In addition, Beaufort County will not retaliate against any person who complains of discrimination or who participates in an investigation of discrimination. Beaufort County will, where necessary and appropriate, revise, update, and incorporate nondiscrimination requirements into appropriate documents, directives, and regulations.

Pursuant to Title VI requirements, any entity that enters into a contract with Beaufort County including, but not limited to Prime Contractors, Subcontractors, Architects, Engineers, and

Consultants, may not discriminate on the basis of race, color, national origin, age, sex, disability, religion, or language in their selection and retention of first-tier subcontractors, and first-tier subcontractors may not discriminate in their election and retention of second-tier subcontractors, including those who supply materials and/or lease equipment. Further, Contractors may not discriminate in their employment practices in connection with highway construction projects or other projects assisted by the U.S. Department of Transportation (USDOT) and/or the Federal

Highway Administration (FHWA).

In all solicitations either by competitive bidding or negotiation made by the Contractor for work to Beaufort County to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under the contract and the Title VI regulations relative to nondiscrimination on the basis of race, color, national origin, age, sex, disability, religion, or language by providing such a statement in its bidding and contract documents.

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Upon request, the Contractor shall provide all information and reports required by Title VI requirements issued pursuant thereto, and shall permit access to its books, records, accounts and other sources of information, and its facilities as may be determined by Beaufort County, USDOT, and/or FHWA to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to USDOT or FHWA, as appropriate and via Beaufort County, and shall set forth what efforts it has made to obtain the information. In the event of the Contractor's non-compliance with nondiscrimination provisions of this contract, USDOT may impose such contract sanctions as it or FHWA may determine to be appropriate, including, but not limited to:

• Withholding of payments to the Contractor under the contract until the Contractor complies, and/or

• Cancellation, termination, or suspension of the contract, in whole or in part.

In the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of this direction to comply with Title VI, the Contractor may request USDOT to enter into such litigation to protect the interests of USDOT and FHWA. Additionally, the

Contractor may request the United States to enter into such litigation to protect the interests of the

United States. Any person or Subcontractor who believes that they have been subjected to an unlawful discriminatory practice under Title VI has a right to file a formal complaint within one hundred eighty (180) days following the alleged discriminatory action. Any such complaint must be filed in writing or in person:

Beaufort County Government Post Office Drawer 1228 | Beaufort, SC 29901-1228

843-255-2304 Telephone | E-mail: dthomas@bcgov.net mailto:dthomas@bcgov.net

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SCOPE OF WORK

4.1. Scope of Work

This RFP reflects the commitment of Beaufort County to ensure high-speed broadband is available to as many residents and businesses in unincorporated Beaufort County (hereinafter primarily referred to as “County”) as possible. The successful Internet Service Provider(s) or other organization(s) responding to this RFP (hereinafter referred to as “Applicant”) will be expected to deploy a network that meets the eligibility requirements set forth in the American Rescue Plan Act of 2021 (ARPA), PL 117-2 (March 11, 2021), which amends Title VI of the Social Security Act (42 U.S.C. 801 et seq.). Successful applicants will demonstrate a clear and achievable plan to deliver high-speed, reliable, and affordable broadband communications services in one or more un/underserved area in unincorporated Beaufort County (see Figure 1).

The County is offering one-time direct capital funding to qualified and committed private sector partners to support deployment. Furthermore, to achieve their goal, the County understands it may need to fund more than one Applicant to achieve the County’s desired solution.

The purpose of the direct capital funding will be to partially defray the cost of the infrastructure necessary to meet the requirements of the RFP, which might include construction or improvement of fiber optics, cabinets, pedestals, poles, pole attachments, CPE, etc. (collectively this infrastructure is hereinafter referred to as “Assets”). Applicants may submit multiple approaches to this RFP within a single proposal that differ in service areas, technology, requested County funding, timing of deployment, eligibility requirements or any combination thereof.

Through this RFP, the County seeks proposals from Applicants to build, operate, and maintain Assets to provide underground fiber broadband internet service throughout one or more geographic area(s) of unincorporated Beaufort County.

The County seeks proposals that state clearly how many premises will be covered and at what levels of service.

Figure 1: Unincorporated Beaufort County Underserved/Unserved The Applicant shall clearly and thoroughly define any proposed solutions or technical alternatives which may not meet the eligibility requirements of ARPA due to constraints with geography, topography, or excessive costs, but will expand high-speed internet to un/underserved premises.

4.2. Project Overview, Purpose, and Objectives

The following are the County’s requirements and goals under this RFP.

1. Provide High-Speed Internet Service to Unserved and Underserved Premises

The County seeks to make available high-speed broadband services to as many premises in the

County as possible, specifically to underserved or unserved households and businesses, defined as those that are not currently served by a wireline connection that reliably delivers at least 25

Mbps download speed and 3 Mbps upload speed.

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The high-speed broadband services shall specifically provide a service designed to reliably meet or exceed a symmetrical speed of 100 Mbps download and 100 Mbps upload; or in cases where the symmetrical 100/100 Mbps service is not practicable, provide a service designed to reliably meet or exceed 100 Mbps download and at least 20 Mbps upload speeds, and be scalable to a minimum of 100 Mbps download and 100 Mbps upload. Interim Rule, 31 C.F.R § 35.6(e)(2), 86

Fed. Reg. 26786, 26823.

The purpose of the RFP is to seek fiber broadband solutions from one or more Applicants proposing one or multiple solutions over all or portions of the unincorporated county. From these

RFP responses, the County will select the best Applicant(s), to finalize project details by creation and execution of a contract with the County.

The County does not intend to enter the broadband business as a competitive service provider.

The County does not intend to own the network infrastructure assets it financially supports through this RFP process.

The County does not intend to operate the network enterprise it financially supports through this

RFP process. The network enterprise will be owned and operated by the selected Applicant, and/or Applicant’s subcontractor, as per the contract to be negotiated with the County.

If the Applicant is currently providing service in some areas of the County, the County requires that the Applicant provide similar pricing and service tiers for data services the Assets in the newly served areas.

This request for proposals does not constitute a contract for services performed or to be performed.

The County intends the project be deployed in a continuous fashion commencing immediately upon contract execution.

2. Beaufort County Financial Contribution & Federal Funding Requirements

The County will provide a direct capital dollar contribution for the project to one or more

Applicants under the terms and timelines specified in a negotiated contract. The County funding will be released upon completion and acceptance of agreed upon project milestones.

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All deployment, maintenance, and operational costs, including customer acquisition and customer service, will be the responsibility of the Applicant.

The capital financial contribution of the County is explicitly designed to compensate and adjust the overall project’s financial metrics to acknowledge that the selected Applicant will be creating and making available specific, pre-defined broadband products within one or more specified geographic areas of Beaufort County. Contiguous geographic areas are not required.

4.3. Service Areas

The County seeks to close the broadband availability gap throughout unincorporated Beaufort

County. Address level data is also available as a web service upon request. Applicants are encouraged to supplement this data with other available sources. Applicants may also provide proof of underserved areas using proprietary data or other state, federal, or private sources.

Applicants are encouraged to provide response information engineered to the highest level of detail possible for an RFP of this nature. Beaufort County GIS mapping resources can be found at: https://www.Beaufortcountysc.gov

4.4. Project Requirements

The following section is intended to describe the network and product requirements associated with the Rural Broadband Coverage project.

1. Technical Requirements

Applicants’ proposed solutions should meet the following technical performance requirements:

a. System designed to 99.9% uptime.

b. Network backhaul capacity per base station site must be 1 Gigabit per second

(Gbps) minimum, but capable of scaling to accommodate the maximum customer capacity as designed.

c. Total Internet peering capacity must accommodate the aggregate backhaul bandwidth of all base stations be scalable if implementing a hub-and-spoke design.

d. All products proposed MAY NOT contain monthly data caps or bandwidth/speed reduction due to metered usage.

https://www.dorchestercountysc.gov/

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e. If Applicant has a technology or solution which does not meet the speed eligibility requirements of ARPA but the technology or solution will reliably serve un/underserved premises with high-speed internet, Applicant is encouraged to submit a proposal which clearly identifies levels of services obtainable and the anticipated number of premises able to be served.

1. Open Access Requirements

There are no requirements for open access related to this RFP.

2. Network Construction Standards

Applicants should expect that upon successful completion of a negotiated contract for deployment of a rural broadband network, and commencement of work by the selected

Applicant, the County may provide inspection oversight to ensure compliance with design and deployment standards per the negotiated contract.

The selected Applicant will fully engineer and permit the project prior to commencement of construction as a function of the negotiated contract.

Deployment of all fiber and fiber-related infrastructure must comply with all National Electrical

Contractors Association (NECA) codes and laws at the local, state, federal, and private land levels as they pertain to fiber optic installations.

The selected Applicant will be expected to have all routes surveyed by a licensed surveyor as well as provide the County with GIS/CAD mapping showing the locations of all facilities deployed and service areas of engineered coverage design(s). The County has available certain

GIS layers that may prove useful to the applicant, which can be found at:

https://www.Beaufortcountysc.gov. However, Applicant shall note that GIS layers for parcel lines, public easements, and right of ways do not suffice as a survey of for public routes/sites.

Other construction requirements that are the responsibility of the Applicant include:

a. Provide the County with monthly reports of activities and progression towards milestones, such reports to include information as required by the county.

b. Provide the County with ongoing service statistics regarding adoption rates of service(s).

https://www.dorchestercountysc.gov/

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c. Work with all appropriate agencies to obtain all required right of way approvals.

d. Obtain all required permits and private easement approvals.

e. Coordinate project deployment with all utilities.

f. Obtain any necessary contractor licensing issued by the Beaufort County Building

Services.

g. Provide on-site construction inspections to ensure design.

h. Coordinate and resolve third party or private claims.

i. Repair any and all damages to private property.

j. At all times, maintain an adequate staff of experienced and qualified employees for efficient performance.

k. At all times, furnish or perform any services in a safe, proper, and workmanlike, manner.

1. Network Equipment, Design and Technical Specifications

The Applicant must provide network architecture documentation. These should include:

a. Fiber/circuit utilization

b. Equipment to be used

c. Active equipment locations

d. Logical equipment designs and specifications

e. Any other documents necessary to define and describe the intended architecture.

Network architecture should consider a redundant topology that provides resiliency in the network. While not every component of the network can be redundant, where feasible the

Applicant should take steps to make service offerings as resilient as possible. It is expected that an Applicant may have some preexisting core Assets (fiber, towers, hut sites, etc.) they intend to utilize in providing services to the proposed service areas. Applicants utilizing preexisting infrastructure should describe how these Assets fit into their proposed network architecture. The

Applicant will be responsible for selecting equipment that can deliver the service as outlined in section 4.1.

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1. Network Test and Acceptance Standards

The Applicant will be required to demonstrate network performance to specified test standards.

These standards will need to be met for services offered and infrastructure built or contracted.

Speeds will be tested and proven as negotiated in the contract.

2. Presence in County

While the successful Applicant will receive a capital dollar subsidy from the County, the

Applicant may also be contributing significant capital and operational Assets and shall demonstrate they can successfully deliver broadband where the network is required to offer service.

A significant component of the scoring criteria will be the County’s assessment of the

Applicant’s proposed presence within the County, demonstrating its ability to provide adequate service and support to its customers.

3. Network Deployment Timing

The County intends the project be deployed in a continuous fashion commencing immediately upon contract execution.

The County requires that all Rural Broadband Project(s) be completed prior to December 2025, preferably sooner, or by the negotiated date of the contract with the County. Within their RFP response, Applicants shall provide a proposed schedule for implementation that reflects the most expeditious timeline possible, including engineering, permitting, licensing, construction, and validation.

4. Service Requirements

Applicants’ proposed solutions should meet the following service requirements:

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a. All residential and commercial services within the agreed territory are able to request and receive service install perpetually at no cost for the fiber install.

Households that initially decline service at rollout may request service at a later date with no additional costs incurred.

b. Any costs for in-home hardware must be equal to what you would require for someone wishing to sign up for service as a customer elsewhere in your service territory.

c. Services are to be offered perpetually or until such time this infrastructure is no long viable technology for broadband delivery.

d. This infrastructure may not be sold, only transferred if you were to be acquired in a merger, in which case the same terms would need to be disclosed to the firm acquiring them.

e. Applicant must already service fiber infrastructure within 15 miles of the proposed project area.

PROPOSAL SUBMISSION INSTRUCTIONS

A. Award shall be posted on the County's Procurement Portal.

B. Prohibition of Gratuities: It shall be unethical for any person to offer, or give, or agree to give any County employee or former County employee, or for any County employee or former County employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore.

C. Questions

1. Submit questions you have through the Procurement Portal no later than 5:00 pm on

Tuesday, November 5, 2024.

2. Answers to questions received that would change and/or clarify this solicitation will be posted on the Procurement Portal as addendum.

3. Selection Committee members SHALL NOT be contacted during the RFP process.

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D. In order to do business with the Beaufort County, vendors must register through the

Procurement Portal at https://procurement.opengov.com/portal/bcgov. Registering allows businesses to identify the type of goods and services they provide so that they may receive email notifications regarding relevant solicitations out for bid.

EVALUATION CRITERIA

No. Evaluation Criteria Scoring Method Weight (Points)

1. Understanding

Demonstrated understanding of the objectives, scope of work and issues needing to be addressed during each phase of the project.

Points Based 25 (25% of Total)

2. Approach

Approach to the process and ability to meet objectives in all phases of the project.

Points Based 25 (25% of Total)

3. Key Milestones

Understanding of the tasks to be performed and timeline of key milestone dates that fit within the desired completion date.

Points Based 25 (25% of Total)

4. Experience

Quality and breadth of experience as provided in the form of similar projects and references.

Points Based 25 (25% of Total)

PROPOSAL SUBMITTAL

1. Proposer confirms the proposal is firm for a period of at least 90 days from the closing date for submission of proposal.*

☐ Please confirm

*Response required

2. Please Provide Licenses and Certificate of Insurance. *

*Response required

3. Certification regarding Debarment, Suspension, Ineligibility, and Voluntary exclusion*

The contractor certifies, by submission of this qualification statement or acceptance of a contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State, Federal department, or agency.

It further agrees by submitting this qualification statement that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts.

https://procurement.opengov.com/portal/bcgov

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Where the bidder/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/bid.

☐ Please confirm

*Response required

4. State whether your company has been involved in any litigation within the past five (5) years, arising out of your performance. *

☐ Yes

☐ No

*Response required

When equals "Yes"

4.1. Explain fully any litigation involving performance.*

*Response required

5. Non-Segregated Facilities*

CERTIFICATION BY CONTRACTOR

Regarding

NON-SEGREGATED FACILITIES

The Bidder certifies that he does not, and will not, provide and maintain segregated facilities for his employees at his establishments and, further that he does not, and will not, permit his employees to perform their services at those locations, under his control, where segregated facilities are provided and maintained. Segregated fountains, transportation, parking, entertainment, recreation, ad housing facilities; waiting, rest, wash, dressing, and locker room, and time clock, work, storage, restaurant, and other eating areas which are set apart in fact, or by explicit directive, habit, local custom, or otherwise, based on color, creed, national origin, and race. The Bidder agrees that, except where he has obtained identical certifications from proposed subcontractors for specific time periods, he will obtain identical certifications from proposed subcontractors prior to the award of subcontractors exceeding $10,000.00 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files.

The Bidder agrees that a breach of this certification is a violation of the Equal Opportunity clause in this Contract. The penalty for making false statements is prescribed in 18 U.S.C. 1001.

☐ Please confirm

*Response required

6. Please upload any relevant certifications and/or licenses

7. Proposal (excluding pricing)*

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To achieve a uniform review process and allow for adequate comparability, the information is to be organized in the manner specified below and the entire package must not exceed 15 double-sided printed pages excluding cover pages. Please include a cover page at the start of each section.

A. Executive Summary: Objectives of the project, scope of work, and related issues which must be addressed throughout development stages of the planning.

B. Approach to the Ranking/Planning Process: Explanation of the process to provide a ranking system that is equitable and repeatable based on parameters defined in the scope of work.

C. Work Plan and Scheduling: A summary of tasks to be performed from evaluation of data through County approval of the final plan. Include a timeline of key milestone dates to include overall durations for each major task.

D. Experience and Qualifications: Experience and qualifications of the team members, with an emphasis on similar type project completed within the last five (5) years. Provide an organization chart including sub-consultants and contractors.

E. List any exceptions, qualifications, or exclusions to this RFP:

*Response required

RESERVED RIGHTS

The County shall not be responsible for any of the costs associated with responding to this request and all submitted materials shall become the property of the County. Furthermore, the County expressly reserves the right and options to:

• Reject any or all consultants and re-advertise if deemed necessary

• Waive any or all formalities and technicalities

• Approve, disapprove, or cancel all services associated with the project

The County has yet to decide whether to select one or more other firms to provide some or all of the professional services described in this document. All selected firms will perform such services under the direct supervision of Beaufort County.

SELECTION AND NOTIFICATION

The selected firms will be given written notification of being selected by the County. This work may be awarded in whole or in part at the sole discretion of the County. The County will negotiate and execute a contract with the selected firm(s) prior to the beginning of the actual services. Should contract negotiations fail, the County will negotiate with one or the other highly ranked firms. In general, the contract will comply with applicable laws and standard provisions and shall contain the following terms:

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• Detailed scope of services

• Schedule for providing services

• Cost of services

BEAUFORT COUNTY STANDARDS FOR CONTRACTING

CHAPTER 1. TYPES OF CONSULTANT SERVICES REQUIRED:

Please see Scope of Work Section.

CHAPTER 2. PROCEDURES FOR SELECTION OF CONSULTANTS

2-1. GENERAL

Qualifications-based procedures require that a contract for consulting services be awarded pursuant to a fair and open selection process based on the qualifications of the firms. The fees for such services are established following selection of a firm through a negotiation process to determine a fair and reasonable price.

2-2. OBJECTIVE

Consultants employed for work on projects shall be responsible and possess the ability to perform successfully under the terms and conditions of the proposed procurement. Consideration shall be given to such matters as integrity, record of past performance, extent of experience with the type of services required by the sponsor, technical resources, and accessibility to other necessary resources.

2-3. QUALIFICATIONS-BASED SELECTION PROCEDURES.

Consultants shall be selected based on their qualifications and experience, with fees determined through negotiations following selection. The highest ranked offeror shall be selected, and price proposals shall be negotiated with one or more of the firms identified through the qualifications-based selection procedure.

2-4. SELECTION CRITERIA.

Criteria include, but are not limited to, the following:

A. Please see the Evaluation Criteria Section.

CHAPTER 3. CONTRACT FORMAT

3-1. MANDATORY CONTRACT PROVISIONS.

All contracts involving State or Federal funds must contain the applicable procurement standards in 49 CFR 18.36. Listed below are those provisions which pertain to consultant contracts:

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A. Contracts shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and provide for sanctions and penalties as may be appropriate.

B. Contracts over $10,000 shall contain suitable provisions for termination by the sponsor, including how it will be affected and the basis for settlement. In addition, contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the consultant.

C. All negotiated contracts shall include provisions to the effect that sponsors, the Federal

Department of Transportation, the Comptroller General of the United States, or any of the duly authorized representatives shall have access to any books, documents, papers, and records of consultants which are directly pertinent to a specific grant program, for the purpose of making audits, examinations, excerpts, and transcriptions. Sponsors shall require consultants to maintain all required records for 3 years after the sponsor makes final payment and all other pending matters are closed.

D. In addition to the requirements contained in 49 CFR Section 23, Participation by

Minority Business Enterprises in Department of Transportation Programs, and AC

150/5100-15, Civil Rights Requirements for the Airport Improvement Program, current edition, the Title VI, and Disadvantaged Business Enterprise Assurances in Appendix 1 shall be included in each contract.

3-2. TIME OVERRUNS BEYOND CONTROL OF THE CONSULTANT.

Frequently, the consultant is called upon to continue technical inspection services on construction contracts--overrunning the program schedule contemplated at the time of negotiation. In most instances, the time element is beyond the control of the consultant. To provide for the contingency of overrun of time, the agreement between the County and the consultant will state the period for which the compensation shall apply and that the consultant shall be reimbursed for services in excess of the specified period of time at a mutually acceptable fee negotiated at the time all the pertinent circumstances are known.

CHAPTER 4. METHODS OF CONTRACTING AND ALLOWABLE COSTS

4-1. ALLOWABLE COSTS.

A. Direct Salary Costs.

1. Direct salary cost is defined as the cost of salaries of engineers, draftsmen, surveyors, stenographers, clerks, etc., for time directly chargeable to the project.

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2. Salaries or imputed salaries of partners or principals, to the extent that they perform technical or advisory services directly applicable to the project, are to be added to salary cost.

B. Overhead Costs. Overhead costs include overhead on direct salary costs and general and administrative overhead.

1. Labor Overhead. Overhead on direct salary costs includes sick leave, vacation, and holiday pay; unemployment, excise, and payroll taxes; contributions for social security, employment compensation insurance, retirement benefits, and medical insurance benefits; and any other benefits customarily paid to or enjoyed by all employees. The allowable percentage for labor overhead allocable to a project is the ratio of (a) a firm's total direct labor overhead costs to (b) a firm's total direct salary costs (excluding overtime) for a given period, usually the average for the past 3 years.

2. General and Administrative Overhead. General and administrative overhead includes the following indirect costs which are not directly attributable to specific projects.

a. Provisions for office, light, heat, and similar terms for working space, depreciation allowances or rental for furniture, drafting equipment and engineering instruments, and office and drafting supplies not identifiable to specific projects.

b. Taxes and insurance other than those included as salary cost but excluding state and Federal income taxes.

c. Library and periodical expenses, and other means of keeping abreast of advances in engineering such as attendance at technical and professional meetings and subscriptions to trade, business, professional, or technical periodicals.

d. Executive, administrative, accounting, legal, stenographic, and clerical salaries, and expenses (other than identifiable salaries included in salary costs and expenses included in reimbursable non-salary expenses, plus salaries or imputed salaries of partners and principals) to the extent that they perform general executive and administrative services as distinguished from technical or advisory services directly applicable to projects.

e. Costs of memberships in trade, business, technical, and professional organizations.

f. Incentive compensation for management employees, cash bonuses, suggestion awards, safety awards, and incentive compensation based on production, cost reduction, or efficient performance are allowable to the extent that the overall compensation is determined to be reasonable, and such costs are paid or accrued

RFP #111824 DOCUMENTS Page 20 pursuant to an agreement entered into in good faith between the consultant and the employees before the services are rendered or pursuant to an established plan followed by the consultant so consistently as to imply, in effect, an agreement to make such payment. The allowable percentage for general and administrative overhead allocable to a project is the ratio of (a) all general and administrative costs to (b) total direct salary costs (excluding overtime) for a given period, usually the average for the past 3 years.

C. Direct Non-salary Expenses. Direct non-salary expenses usually incurred may include the following (detailed records must be kept supporting charges and allow auditing):

1. Living and traveling expenses of employees, partners, and principals when away from the home office on business connected with the project. (Records must include employee name, dates, points of travel, mileage rate, lodging, and meals.)

2. Identifiable communication expenses such as long-distance telephone, telegraph, cable, express charges, and postage, other than for general correspondence.

3. Services directly applicable to the work such as special legal and accounting expenses, computer rental and programming costs, special consultants, borings, laboratory charges, commercial printing and bindings, and similar costs that is not applicable to general overhead.

4. Identifiable drafting supplies and stenographic supplies and expenses charged to the sponsor's work as distinguished from such supplies and expenses that are applicable to two or more projects.

5. Identifiable reproduction costs applicable to the work such as blueprinting, photosetting, mimeographing, printing, etc.

6. Advertising costs which are solely for the recruitment of personnel required for the performance by the consultant of obligations arising under the contract.

4-2. NON-ALLOWABLE COSTS.

The expenses listed below are not allowable for reimbursement:

A. Costs of amusement and social activities and incidental costs relating thereto such as meals, lodging, rentals, transportation, and gratuities.

B. Contributions and donations.

C. Bad debts, including losses due to uncollectible customer's accounts and other claims, related collection costs, and related legal costs, arising from other businesses of the consultant.

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D. Dividend provisions or payments and, in the case of sole proprietors and partners, distributions of profit.

E. Interest on borrowed capital.

F. Bonus payment for early completion of work.

4-3. FIXED PAYMENT.

To all the estimated costs, including overhead, a percentage rate is applied to determine payment for profit, willingness to serve, and assumption of responsibility.

CHAPTER 5. BEAUFORT COUNTY STANDARD CLAUSES

CONTRACTUAL REQUIREMENTS

1.0 EXCUSABLE DELAY: The Contractor shall not be liable for any excess costs, if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the

Contractor to meet the required delivery schedule.

2.0 S.C. LAW CLAUSE: Upon award of a contract under this Request for PROPOSALS, the person, partnership, association, or corporation to whom the award is made must comply with local and State laws which require such person or entity to be authorized and/or licensed to do business in Beaufort County. Notwithstanding the fact that applicable statutes may exempt or exclude the successful offeror from requirements that it be authorized and/or licensed to do business in

Beaufort County, by submission of this signed Request for PROPOSALS the offeror agrees to subject itself to the jurisdiction and process of the Fourteenth Judicial Circuit Court of Beaufort

County, as to all matters and disputes arising or to arise under the contract and the performance thereof including any questions as to the liability for taxes, licenses, or fees levied by State or local government.

3.0 OFFEROR’S PROPOSALS: Offeror must, upon request of the County, furnish satisfactory evidence of their ability to furnish products or services in accordance with the terms and conditions of this Request for PROPOSALS. The Procurement Services Department reserves the right to make the final determination as to the offeror’s ability to provide the services requested herein, before entering into any contract.

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4.0 OFFEROR RESPONSIBILITY: Each offeror shall fully acquaint himself with conditions relating to the scope and restrictions attending the execution of the work under the conditions of this Request for PROPOSALS. It is expected that this will sometimes require on-site observation. The failure or omission of an offeror to acquaint themselves with existing conditions shall in no way relieve him of any obligation with respect to this Request for PROPOSALS or to the contract.

5.0 AFFIRMATIVE ACTION: The Contractor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of the handicapped and concerning the treatment of all employees, without regard or discrimination by reason of race, religion, sex, national origin, or physical handicap.

6.0 PRIME CONTRACTOR RESPONSIBILITIES: The Contractor will be required to assume sole responsibility for the complete effort, as required by this RFP. The County will consider the

Contractor to be the sole point of contact with regard to contractual matters.

7.0 SUBCONTRACTING: If any part of the work covered by this RFP is to be subcontracted, the Contractor shall identify the subcontracting organization and the contractual arrangements made with same. All subcontractors must be approved, in writing by the County, or when applicable a political subdivision within the County with the County’s concurrence. The successful offeror will also furnish the corporate or company name and the names of the officers of any subcontractors engaged by the vendor. The County reserves the right to reject any or all subcontractors and require substitution of a firm qualified to participate in the work as specified herein.

8.0 OWNERSHIP OF MATERIAL: Ownership of all data, material, and documentation originated and prepared for the County pursuant to this contract shall belong exclusively to the

County.

9.0 PERFORMANCE AND PAYMENT BONDS: (NOT Required for Professional Services)

The successful Contractor shall furnish, within ten (10) days after written notice of acceptance of

Request for PROPOSALS, Performance and Payment Bonds. Contractor shall provide and pay the cost of a both bonds. The Bonds shall be in the amount of one hundred percent (100%) the contract, issued by a Surety Company licensed in South Carolina with an “A” minimum rating of performance as stated in the most current publication of “Best’s Key Rating Guide, Property

Liability” which shall show a financial strength rating of at least five (5) times the Contract

Price. The Bond shall be accompanied by a “Power of Attorney” authorizing the attorney-in-fact to bind the surety and certified to include the date of the bond.

10.0 NONRESIDENT TAXPAYERS: If the offeror is a South Carolina nonresident taxpayer and the contract amount is $10,000.00 or more, the offeror acknowledges and understands that in the event he is awarded a contract offeror shall submit a Nonresident Taxpayer Registration

Affidavit (State form #1-312-6/94), before a contract can be signed. Affidavit must certify that the nonresident taxpayer is registered with the S.C. Department of Revenue or the S.C. Secretary of State’s Office, in accordance with Section 12-9-310(A) (2) (3) of S.C. Code of Laws (1976) as amended.

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11.0 BUSINESS LICENSE In accordance with the Beaufort County Business License

Ordinance, 99-36, Article III, as enacted November 22, 1999, any business or individual generating income in the unincorporated area of Beaufort County is required to pay an annual license fee and obtain a business license. The ordinance referenced is available on the Beaufort

County website at www.beaufortcountysc.gov or by calling the Business License Administrator at

(843) 255-2270 for a list of schedules.

12.0 ADDITIONAL ELIGIBILITY: Other Beaufort County Public Procurement units shall, at their option, be eligible for use of any contracts awarded pursuant to this Invitation.

13.0 INSURANCE REQUIREMENTS: Prior to commencing work/delivery hereunder, Contractor/Vendor, at his expense, shall furnish insurance certification showing the certificate holder as Beaufort County, P.O. Drawer 1228, Beaufort, SC 29901-1228, Attention: Procurement

Services Director and with a special notation naming Beaufort County as an additional insured on the liability coverage. Minimum coverage shall be as follows:

A. Worker’s Compensation Insurance - Contractor shall have and maintain, during the life of this contract, Worker’s Compensation Insurance for his employees connected to the work/delivery, in accordance with the Statutes of the State of South Carolina and any applicable laws.

B. Commercial General Liability Insurance – Contractor shall have and maintain, during the life of this contract, Commercial General Liability Insurance. Said Commercial General

Liability Policy shall contain Contractual Liability and Products/Completed Operations

Liability subject to the following minimum limits: $1,000,000 Each Occurrence/

$2,000,000 General Aggregate and $2,000,000 Products/Completed Operations

Aggregate naming Beaufort County as an additional insured.

C. Comprehensive Automobile Liability Insurance - The Contractor shall have and maintain, during the life of this contract, Comprehensive Automobile Liability, including non-owned and hired vehicle, of at least $500,000 COMBINED SINGLE LIMIT.

D. ADDITIONAL INSURANCE REQUIREMENT: Umbrella Liability Insurance –

Contractor shall have and maintain, during the life of this contract, Umbrella Liability

Insurance with a minimum limit of $2,000,000

E. Professional Liability (Errors & Omissions) – The vendor shall maintain a limit no less than $1,000,000 per occurrence.

F. The required insurance policy at the time of issue must be written by a company licensed to do business in the State of South Carolina and be acceptable to the County.

G. The Contractor/vendor shall not cause any insurance to be canceled or permit any insurance to lapse. All insurance policies shall contain a clause to the effect that the policy shall not be canceled or reduced, restricted, or limited until fifteen (15) days after

RFP #111824 DOCUMENTS Page 24 the County has received written notice, as evidenced by return receipt of registered or certified letter. Certificates of Insurance shall contain transcript from the proper office of the insurer, the location, and the operations to which the insurance applies, the expiration date, and the above-mentioned notice of cancellation clause.

H. The information described above sets forth-minimum amounts and coverages and is not to be construed in any way as a limitation on the Contractor’s liability.

14.0 INDEMNITY:

The Contractor hereby agrees to indemnify and save harmless the County, its officers, agents, and employees from and against any and all liability, claims, demands, damages, fines, fees, expenses, penalties, suits, proceedings, actions and cost of actions, including attorney’s fees for trial and on appeal of any kind and nature arising or growing out of or in any way connected with the performance of the Agreement, whether by act of omissions of the Contractor, its agents, servants, employees or others, or because of or due to the mere existence of the Agreement between the parties.

15.0 TERMINATION FOR DEFAULT:

15.1 The performance of Work under the Agreement may be terminated by the

Procurement Services Director, in accordance with this clause, in whole or in part, in writing, whenever the Director of Procurement Services shall determine that the Contractor has failed to meet the performance requirements of this Agreement.

15.2 The Procurement Services Director has the right to terminate for default, if the

Contractor fails to make delivery of the supplies or perform the Work, or if the Contractor fails to perform the Work within the time specified in the Agreement, or if the Contractor fails to perform any other provisions of the Agreement.

16.0 TERMINATION FOR CONVENIENCE: The County may without cause terminate this contract in whole or in part at any time for its convenience. In such instance, and adjustment shall be made to the Contractor, for the reasonable costs of the work performed through the date of termination. Termination costs do not include lost profits, consequential damages, delay damages, unabsorbed or under absorbed overhead of the Contractor or its subcontractors, and/or failure to include termination for convenience clause into its subcontracts and material purchase orders shall not…