FCBOH _MPS_SHP_2025 Request for Proposal_7_30.docx

REQUEST FOR PROPOSAL # 25RFP0047-01

2024-HIV Prevention Services CDC-RFA-PS24-0047 High Impact HIV Prevention and Surveillance for Health Departments

For

Fulton County Board of Health Medical and Preventive Services Sexual Health Promotion Department

RFP ISSUANCE DATE: July 30, 2025 RFP DUE DATE AND TIME: August 19, 2025, 11:00 A.M.

PRE-PROPOSAL CONFERENCE DATE: August 12, 2025 PURCHASING CONTACT: Quintard Isler E-MAIL: Quintard.isler@dph.ga.gov

LOCATION: FULTON COUNTY BOARD OF HEALTH

10 PARK PLACE SOUTH, SE

4TH FLOOR, SUITE 445

ATLANTA, GA 30303

Table of Contents

ATTACHMENTS

SECTION 5 – PROPOSAL FORMS

Exhibit B- Form A and Form B Georgia Security and Immigration Contractor Affidavit Exhibit C- Form C Disclosure Form and Questionnaire Exhibit D- Form D Professional License

SECTION 6 – CONTRACT COMPLIANCE REQUIREMENTS

SECTION 7 – RISK MANAGEMENT AND INSURANCE REQUIREMENTS

Attachment 10- Certificate Insurance

SECTION 8 – CONTRACT INFORMATION AND SAMPLE CONTRACT

Exhibit F- Sample Contract

SECTION 9 – EXHIBITS/ATTACHMENTS

Exhibit A- Proposal Application Exhibit E- Budget/Budget Justification (Budget Template attached as separate document) Exhibit G- Responsiveness RFP Checklist

(Attachments to be submitted with proposal)

Attachment 1- Workplan Attachment 2- Testing MOU’s Attachment 3- Linkage to Care MOU’s Attachment 4- nPEP/PrEP MOU’s Attachment 5-Confidentiality and Security Policy Attachment 6- Category B MOU’s Attachment 7- Category B Confidentiality and Security Policy Attachment 8-Resumes Attachment 9-References Attachment 10-Certificate of Insurance

SECTION 10 – APPENDICES

Appendices not required for this project.

SECTION 1 – INTRODUCTION

1.1 PROJECT DESCRIPTION

Fulton County Board of Health (“FCBOH”) is seeking proposals from qualified firms/vendors to provide HIV prevention services in Fulton County on the behalf of FCBOH Medical and Preventive Services (MPS), Sexual Health Promotion (SHP) HIV Prevention Program. The services being sought are an element of FCBOH’s High Impact HIV Prevention and Surveillance Program to increase knowledge of HIV status, reduce HIV transmission, prevent new HIV infections, improve linkage to care and viral suppression, and to eliminate perinatal transmission. The funds available are through the GIA 645 (Core funding initiative) and The Ending the HIV Epidemic (EHE) grant issued by the Center for Disease Control and Prevention (CDC) administered through the Georgia Department of Public Health (State). These funds focus on implementing strategies that will extend the four pillars of the EHE Initiative in communities most affected by HIV across Fulton County. These pillars are to: Diagnose all people with HIV as early as possible. Treat people with HIV rapidly and effectively to result in sustained viral suppression. Prevent new HIV transmissions by using proven interventions, including condom distribution, pre-exposure prophylaxis (PrEP), postexposure prophylaxis (PEP), and syringe services programs (SSP). Respond quickly to potential HIV outbreaks to get vital prevention and treatment services to people who need them. This RFP will focus on the diagnose, treat, and prevent pillars.

Through the issuance of this Request for Proposal (“RFP” and/or “Proposals”), FCBOH is soliciting Proposals from qualified Proposers for the implementation of comprehensive person-centered HIV prevention programs, among populations and sub-populations with the highest incidence of HIV for the purpose of diagnosing persons with HIV yet unaware of their status; linkage to HIV care for persons newly diagnosed with HIV; HIV prevention, including linkage and retention to biomedical interventions for persons documented to be HIV negative but reporting behaviors that place them at increased risk for seroconversion; and HIV prevention systems integration in healthcare settings. This RFP seeks innovative and disruptive proposals that aim to reduce morbidity, mortality, and related health disparities from HIV priority populations within Fulton County. These efforts should leverage cutting-edge strategies, technologies, and methodologies to combat HIV and its associated disparities. The Core and EHE workplans rely heavily on new voices and non-traditional CBOs; therefore, these entities are strongly encouraged to apply.

Proposals provided in response to this RFP that comply with the submittal requirements set forth in Section 4.0, including all forms and certifications, will be evaluated in accordance with the criteria and procedures described in Section 5.0. Based on the results of the evaluation, FCBOH will award the High Impact HIV Prevention and Surveillance for Health Departments funds to the most advantageous Proposer based on the cost and the evaluation factors set forth in the RFP.

A. Who May Apply Organizations that meet the following requirements are eligible to apply for funding under this RFP:

· Must be a non-profit public or private organization with 501(c)(3) IRS status (other than institutions of higher education) and provide a copy of the organization’s tax exempt 501(c)(3) IRS letter as documentation of the non-profit 501(c)(3) status. Included are the following types of organizations:

American Indian/Alaska Native tribally designated organizations Community-based organizations Faith-based organizations University, college, and other institutions of higher learning Hospitals and other healthcare institutions (non-government affiliation)

***Please note that other tax exemption certificates, such as state tax or sales tax exemption certificates and letters, will not be accepted as a substitution of the Federal 501(c)(3) IRS tax exemption letter.

Eligible Proposers must be, at the time of application, located in Georgia, provide services in Fulton County, GA, have a Unique Entity Identifier number (UEI), and must either have a history of providing HIV prevention services in Fulton County, GA or be able to document past efforts in providing services in Fulton County to one or more of the 6 priority populations outlined in the RFP. Organizations without extensive HIV experience but interested in integrating HIV prevention with other essential services (e.g., housing, mental health, substance abuse treatment) are also encouraged to apply. All Proposers must provide the following documentation with the application:

· Evidence of any HIV prevention or care services, location, and history of consistently serving the proposed priority population(s) for at least the last 24 months.

· Current CLIA certificate, if currently conducting rapid HIV testing.

Anticipated Funding Amount Component 1 Select at least 1 testing category for the Diagnose Pillar Component 2 Select at least 1 Priority Population

Component 3 Select at least 1 Pillar to implement disruptive innovative HIV Prevention Activities Component 4 Select 1 of the listed Awareness Day Events to Host Anticipated Number of Awards

Category A: Community Based HIV Testing in Non-Healthcare Setting HIV testing, diagnosis, and linkage to care of persons previously unaware of their HIV+ status

Black/African American MSM ($150,000) Treat: Linkage to & Retention in HIV Care/Rapid HIV Treatment Initiation ($40,000)

Prevent: PrEP & PEP Expansion ($40,000) National Black HIV/AIDS Awareness Day ($10,000)

Women and Girls HIV/AIDS Awareness Day ($10,000)

Youth HIV & AIDS Awareness Day ($10,000)

HIV Long-Term Survivor Day ($10,000)

Southern HIV/AIDS Awareness Day ($10,000)

National Faith HIV/AIDS Awareness Day ($10,000)

Latinx AIDS Awareness Day ($10,000)

International Transgender Day of Visibility ($10,000)

Non-Black MSM Hispanic/Latino & White ($150,000)

IDU/MSM who are IDU ($75,000)

Black/African American Heterosexual Males and Females ($125,000)

Hispanic/Latino Heterosexual Males and Females ($75,000)

Transgender MTF/FTM Gender-Nonconforming ($125,000)

($240,000)

Please Note:

· The actual number of awards and amount of funding available depends on the amount of funding awarded to FCBOH by the State and the quality of applications received.

· Agencies must apply for at least 1 category option (A. Non-Healthcare Setting HIV Testing and or B. Healthcare Setting HIV Testing) in Component 1.

· Agencies applying for Option A. Non-Healthcare Setting HIV Testing of Component 1 must also select at least 1 option in Components 2-4.

· Agencies applying for Category A. HIV Testing in Non-Healthcare Setting, may apply for multiple priority populations in Component 2, however separate work plans and budgets must be submitted for each.

· Agencies applying for Option B. Healthcare Setting HIV Testing, can test within ALL priority populations, and must select at least 1 option in Components 3 and 4.

· Individual proposals are required per category selected. Agencies may apply for both Category A. HIV Testing in Non-Healthcare Setting and Category B. HIV Testing in Healthcare Setting of Component 1, however must submit individual Proposals for each.

· All staff providing HIV testing services under this project must undergo and successfully complete 2025 certification training in HIV Testing and Counseling conducted by Georgia DPH Office of HIV, and or FCBOH.

· The Proposer must have a current CLIA Certificate of Waiver and Quality Assurance Plan on file for rapid HIV testing. If no CLIA certificate is current, Proposer must detail timeline for obtaining such.

The Proposer shall:

· When rapid HIV test is used, follow the State of Georgia Rapid HIV Testing and Prevention Counseling Quality Assurance Protocol.

· Follow the Revised Recommendations for HIV Testing of Adults, Adolescents, and Pregnant Women in Health-Care Settings, 2006, from CDC. (https://www.cdc.gov/mmwr/preview/mmwrhtml/rr5514a1.htm).

· Collect and enter client and test-level data for HIV testing, in accordance with CDC National HIV monitoring and Evaluation requirements.

· Follow the Recommendations for Partner Services Programs for HIV infections, Syphilis, Gonorrhea, and Chlamydia Infections, 2008. (http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5709a1.htm).

1.2 METHOD OF SOURCE SELECTION

This procurement is being conducted in accordance with all applicable provisions of FCBOH Policy No. BOH-FIN-150 Purchasing and Procurement.

1.3 BACKGROUND

The Fulton County Board of Health (FCBOH), formerly, the Fulton County Department of Health and Wellness, transitioned into a new organizational structure and became the FCBOH on July 1, 2017. This change now aligns the organization with the Georgia Department of Public Health. The MPS Branch operates under the direction of the FCBOH and administration of the Fulton County District Health Director, District 3-2. FCBOH is the largest county health department in Georgia. The department provides services to thousands of individuals annually and employs a sizable workforce of healthcare professionals and support staff. MPS has over 60 years of experience in providing preventive care and treatment to the citizens of Fulton County. FCBOH’s Vision, “All People are Healthy”, drives the department’s mission of “promoting and protecting the health of individuals, families and communities”. FCBOH offers a broad range of cost-effective health services at its headquarters at 10 Park Place SE in Atlanta, its seven additional onsite health clinics located throughout the county, and through its mobile clinics. In addition to its preventative health care offerings, FCBOH also offers an extensive referral network to guide patients to additional medical or social services. In addition to the MPS Branch, FCBOH is comprised of Environmental Health, Vital Records, Women’s Health, Family Planning, Women, Infants & Children Supplemental Nutrition Program (WIC), Immunizations, Emergency Management, Opioid Response Program, and Health Promotion.

MPS operates three clinics at the headquarters location: Sexually Transmitted Infections (STI) Clinic/Sexual Health Clinic, Ryan White Primary Care Clinic, and the Respiratory Health (Tuberculosis (TB)) Clinic. Other programs housed within MPS include Epidemiology (STI and Tuberculosis), STI Community Outreach, STI Surveillance, Drug User Health (SafeWorks), Status Neutral Linkage, and Medical Records. The Branch has a federally licensed, high complexity, CLIA approved laboratory for HIV and STI diagnosis. MPS provides a full array of support services; STI case management, treatment, Partner Services, and STI/TB prevention and education. Comprehensive services are provided to support HIV positive individuals through the Ryan White Program including HIV medical care, mental health and substance abuse treatment, case management, dental, and HIV support groups.

1.4 COUNTY OBJECTIVES

The following are the FCBOH Objectives for this project:

· Increase knowledge of HIV status among persons at risk for HIV.

· Reduce new HIV infections among persons at risk for HIV infection.

· Increase access to care for persons with diagnosed HIV infection.

· Improve health outcomes for persons with diagnosed HIV infection, including achieving viral suppression.

· Increase access and adherence to PrEP and nPEP for persons at risk for HIV infection.

· Increase access to and use of condoms.

· Reduce HIV-related health disparities.

· Increase participation in HIV partner services among persons diagnosed with HIV.

· Increase health system capacity to provide opt-out testing and PrEP referrals.

1.5 OBTAINING THE RFP

In order to obtain complete information about this solicitation, please click the link below where this document and supporting documents can be downloaded, https://www.fultoncountyboh.com/contact-us/updates.

1.6 PRE-PROPOSAL CONFERENCE

A Pre-Proposal Conference will be held via web-conference.

Date: August 12, 2025 Time: 11 AM, E.T.

Link: Join Pre-Proposal Conference Here The purpose of the Pre-Proposal Conference is to provide information regarding the project and to address any questions and concerns regarding the services sought by FCBOH through this RFP. However, no verbal response provided at the Pre-Proposal Conference binds FCBOH. Only those responses to questions submitted via email to Quintard Isler, Quintard.isler@dph.ga.gov and responded to by FCBOH will be official.

Inquiries regarding the solicitation, either technical or otherwise, may be submitted prior to the Pre-Proposal Conference and will be addressed during the Pre-Proposal Conference.

Any additional questions asked at the Pre-Proposal Conference will be responded to in the form of an addendum with FCBOH’s official responses.

FCBOH does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in the Pre-Proposal Conference should be directed to Quintard Isler Quintard.isler@dph.ga.gov.

1.7 PROPOSAL DUE DATE

All proposals will be received by FCBOH electronically via email directed to Quintard Isler through email at Quintard.isler@dph.ga.gov on or before August 19, 2025 at 11:00 A.M., Eastern Time. All submitted responses will be electronically time and date stamped at the time all documents are received.

Any proposals received after this appointed schedule will be considered late and will be returned unopened to the Proposer. The proposal’s due date can be changed only by addendum.

1.8 CONTACT PERSON AND INQUIRIES

Information regarding the bid or bid requirements, either procedural or technical, may be obtained by submitting questions to:

Purchasing Contact Name: Quintard Isler Email: Quintard.isler@dph.ga.gov Phone: 770-520-7536

1.9 PROCUREMENT SCHEDULE

The following is the procurement schedule for this project and will be strictly adhered to.

SECTION 2 – INSTRUCTIONS TO PROPOSERS

2.1 PROCUREMENT PROCESS

The procurement will be on a formally advertised basis. All technical requirements, unless otherwise specified, must be met, or be capable of being met by the Proposer or their proposal will be disqualified as being non-responsive.

2.2 CONTRACT DEFINITIONS

In addition to any other terms that may be defined in this solicitation and for purposes of this RFP, the following terms and acronyms have the following meaning:

products and services delivered by a program (output), or the results of those products and services (outcomes). A “program” may be any activity, project, function, or policy that has an identifiable purpose or set of objectives.

2.3 NO CONTACT DURING PROCUREMENT PROCESS

It is the policy of FCBOH that the evaluation and award process for FCBOH contracts shall be free from both actual and perceived impropriety, and that contacts between potential vendors and FCBOH officials, elected officials and staff regarding pending awards of FCBOH contracts shall be prohibited.

Proposers may submit requests for clarifications or interpretations regarding this RFP and the Contract. Proposers must submit such requests via email directed to Quintard Isler Email: Quintard.isler@dph.ga.gov for FCBOH’s consideration as set forth in this section of this RFP. While FCBOH has not placed an initial limitation on the number of requests which can be submitted, Proposers are cautioned that if Proposers do not request meaningful clarifications or interpretations in an organized manner (e.g., limited frequency of requests), FCBOH will set restrictions on the frequency and number of requests permitted. FCBOH will not respond to requests, oral or written, received after, August 15, 2025, 5:00PM, Eastern Time. Proposers are advised that this section places no obligation on the part of FCBOH to respond to any or all requests for clarification or interpretation, and that FCBOH’s failure to respond to any such request will not relieve the Proposer of any obligations or conditions required by this RFP.

All responses to written requests for clarification, interpretation, or additional information will be distributed as addenda to this RFP and posted on https://fultoncountyboh.com/contact-us/updates.

No oral interpretation, instruction, or information concerning this RFP given by any employee or agent of FCBOH shall be binding on the County. Proposers who submit a Proposal in reliance on any such oral information risk having their response to this RFP deemed non-responsive by FCBOH. Only written responses issued by addendum to this RFP should be considered by the Proposers.

During the period provided for the preparation of Proposals, FCBOH may issue addenda to this RFP. These addenda will be numbered consecutively and will be posted on https://fultoncountyboh.com/contact-us/updates. These addenda will be issued by, or on behalf of, FCBOH and will constitute a part of this RFP. Each Proposer is required to acknowledge receipt of each addendum by submitting an executed acknowledgment form. This acknowledgment shall include all addenda distributed prior to the Proposal Submission Date. All responses to this RFP shall be prepared with full consideration of the addenda issued prior to the Proposal Submission Date.

2.5 TERM OF CONTRACT

The initial term of the contract shall be for a one (1) year term, with three (3), one (1) year renewal options. No Renewal Term of this Agreement shall be authorized, nor shall any Renewal Term of this Agreement commence unless and until each Renewal Term has first been approved in writing by FCBOH for the calendar year of such Renewal Term. If approved by FCBOH, the First Renewal Term shall begin on the 1st day of June 2026 and shall end no later than the 31st day of May 2027. If approved by FCBOH, the Second Renewal Term shall begin on the 1st day of June 2027 and shall end no later than the 31st day of May 2028. If approved by FCBOH, the Third Renewal Term shall begin on the 1st day of June 2028 and shall end no later than the 31st day of May 2029. If FCBOH chooses not to exercise any Renewal Term as provided in this Section, then the Term of this Agreement then in effect shall also be deemed the “Ending Term” with no further obligation on the party of either party.

2.6 PROPOSAL EVALUATION

All proposals will be evaluated using the criteria specified in Section 4 of this RFP. Each proposal will be reviewed to determine whether it has been submitted in accordance with the proposal requirements. Proposals deemed non-responsive will be rejected from further review and the Offeror will be advised in writing.

Proposals deemed responsive will be evaluated based on the evaluation criteria set forth in this RFP. FCBOH will determine which proposals are reasonably susceptible of being selected for award based on the evaluation criteria. FCBOH may also conduct oral presentations/interviews.

Selection will include an analysis of proposals by an Evaluation Committee composed by FCBOH personnel who will review the proposal submittals in accordance with the submittal requirements and the evaluation criteria set forth in Section 4 of this RFP. The committee may request oral interviews and/or site visits. FCBOH will determine which proposals are reasonably susceptible of being selected for award based on the evaluation criteria. Other factors, as detailed in the RFP, will be considered in determining what proposal will be deemed to best meet the needs of FCBOH. Awards will not necessarily be based on cost alone.

2.7 DISQUALIFICATION OF PROPOSERS

The submission of more than one (1) proposal to FCBOH as the primary Proposer or member of a joint venture for the same work by an individual firm, partnership or corporation under the same or different names may be grounds for disqualification of a Proposer and the rejection of the proposal.

2.8 RESERVED RIGHTS

FCBOH reserves the right to accept or reject any and/or all proposals, to waive irregularities and technicalities, and to request resubmission. Any sole response that is received may or may not be rejected by FCBOH depending on available competition and timely needs of FCBOH. There is no obligation on the part of FCBOH to award the contract to the lowest proposer and FCBOH reserves the right to award the contract to the proposers responsible submitting responsive proposals with resulting agreements most advantageous and in the best interest of FCBOH. FCBOH shall be the sole judge of the proposals and the resulting agreements that are in its best interest and its decision shall be final. Also, FCBOH reserves the right to make such an investigation as it deems necessary to determine the ability of any proposer to perform the work or service requested. The information FCBOH deems necessary to make this determination shall be provided by the proposer. Such information may include, but shall not be limited to, current financial statements by an independent CPA; verification of availability of personnel; and past performance records.

2.9 APPLICABLE LAWS

All applicable laws and regulations of the State of Georgia and policies of FCBOH shall apply. Protestors shall seek resolution of their complaints in the manner provided in FCBOH Policy No. BOH-FIN-150 Purchasing and Procurement, which is incorporated by reference herein.

2.10 INSURANCE AND RISK MANAGEMENT PROVISIONS

Insurance and Risk Management provisions and Indemnification and Hold Harmless provisions are outlined in Section 7 of this RFP.

Upon award, the successful Proposer must obtain at their expense, a Certificate of Insurance (“COI”) with policy limits equal to or greater than the limits outlined in Section 7, and listing FCBOH as an Additional Insured (except for Workers Compensation and Professional Liability). Proof of insurance must be provided to FCBOH prior to the start of any activities/services as described in the bid document(s). Any and all insurance coverage(s) and/or bonds required under the terms and conditions of the contract shall be maintained during the entire term of the contract, including any extensions or renewals thereto, and until all work has been completed to the satisfaction of FCBOH.

2.11 ACCURACY OF RFP AND RELATED DOCUMENTS

FCBOH assumes no responsibility that the specified technical and background information presented in this RFP or otherwise distributed or made available during this procurement process, is complete or accurate. Without limiting the generality of the foregoing, FCBOH will not be bound by or be responsible for any explanation or interpretation of the Proposal documents other than those given in writing as an addendum to this RFP.

Should a recipient of this RFP find discrepancies in or omissions from this RFP and related documents, the recipient of this RFP shall immediately notify the Purchasing Contact Person identified in Section 1.8 A written addendum, if necessary, will be made available to each recipient of this RFP.

2.12 RESPONSIBILITY OF PROPOSER

Each Proposer is encouraged to conduct all necessary investigations and review all available and relevant data and information which are necessary in its judgment in order to assume this responsibility prior to the submittal of its Proposal. Proposers are reminded of FCBOH's “No Contact During Procurement” policy set forth in Section 2.3 and shall only contact the person designated by the RFP.

2.13 CONFIDENTIAL INFORMATION

If any Proposal contains technical, financial, or other confidential information that the Proposer believes is exempt from disclosure, the Proposer must clearly label the specific portions sought to be kept confidential and specify on what the exemption is based. FCBOH, at its sole discretion and subject to applicable law, will determine whether such exemption applies. FCBOH has sole discretion to make such determination regarding the disclosure of information, and by responding to this RFP, Proposers waive any challenge to FCBOH’s decisions in this regard. Marking all or substantially all of a Proposal as confidential may result in the Proposer being deemed non-responsive to this RFP.

Notwithstanding the foregoing, Proposers recognize and agree that FCBOH, its staff, and its consultants will not be responsible or liable in any way for any losses that the Proposer may suffer from the disclosure of information or materials to third parties.

2.14 FCBOH RIGHTS AND OPTIONS

This RFP constitutes an invitation to submit Proposals to FCBOH. Without limitation or penalty, FCBOH reserves and holds at its sole discretion the following rights and options:

· This RFP does not obligate FCBOH to select, procure or contract for any services whatsoever.

· FCBOH reserves the right to award a contract based on this RFP and the proposal(s) received (in whole or in part) to one or several vendors.

· FCBOH reserves the right to change or alter the schedule for any events associated with this procurement and, if required, notify the Proposers. A Proposer, by submitting a Proposal, agrees to be bound by any modifications made by FCBOH.

· All costs incurred by a Proposer in connection with responding to this RFP, the evaluation and selection process undertaken in connection with this procurement, and any negotiations with FCBOH will be borne by the Proposer.

· FCBOH reserves the right to reject all Proposals and components thereof to eliminate all Proposers responding to this RFP from further consideration for this procurement, and to notify such Proposers of FCBOH's determination.

· FCBOH may cancel this RFP without the substitution of another RFP and terminate this procurement at any time without any liability whatsoever.

· FCBOH reserves the right to waive any technicalities or irregularities in the Proposals.

· FCBOH reserves the right to eliminate any Proposer who submits incomplete or inadequate responses or is not responsive to the requirements of this RFP.

· FCBOH may request Proposers to send representatives to FCBOH for interviews and presentations.

· To the extent deemed appropriate by FCBOH, FCBOH may select and enter into discussion and negotiations with the Proposer(s) submitting Proposal(s), which are found to be reasonably susceptible for award.

· FCBOH reserves the right to discontinue negotiations with any selected Proposer.

· FCBOH reserves the right, without prior notice, to supplement, amend, or otherwise modify this RFP.

· All Proposals (other than portions thereof subject to patent or copyright protection) become the property of FCBOH and will not be returned, and FCBOH reserves the right to utilize all such information contained in the Proposals without further cost to FCBOH.

· FCBOH may add to or delete from the Project Scope of Work set forth in this RFP.

· Any and all Proposals not received by the Proposal Submission Date shall be rejected and returned unopened.

· Neither FCBOH, its staff, its representatives, nor any of its consultants or attorneys will be liable for any claims or damages resulting from the solicitation, collection, review, or evaluation of responses to this RFP.

· FCBOH, including its representatives and consultants, reserves the right to visit and examine any of the facilities referenced in any Proposal and to observe and investigate the operations of such facilities.

By responding to this RFP, Proposers acknowledge and consent to the rights and conditions set forth in this RFP.

2.15 COST OF PROPOSAL PREPARATION AND SELECTION PROCESS

Each Proposal, including preparation of all information required to be included in a Proposal pursuant to this RFP, shall be prepared at the sole cost and expense (including, but not limited to, engineering and legal costs) of the Proposer. In addition, the Proposer shall be solely responsible for all costs (including engineering and legal costs) incurred by such Proposer in connection with this selection process, including any costs incurred by the Proposer in any subsequent negotiations entered into in connection with developing the Proposal. There shall be no claims whatsoever against FCBOH, its staff, or its consultants for reimbursement for the costs or expenses (including, but not limited to, engineering and legal costs) incurred during the preparation of the Proposal or other information required by this RFP or procurement process or in connection with the selection process or any negotiations.

2.16 TERMINATION OF NEGOTIATIONS

FCBOH at its sole discretion may, at any time, to the extent permitted by Applicable Law, exclude a Proposer from further participation in any negotiation process if FCBOH determines that such Proposer is failing to progress in the negotiations or if the terms of its Proposal are less advantageous than those of other Proposers and such Proposer is deemed to be no longer susceptible of selection.