JDE EOne Managed Services _ RFP.pdf

REQUEST FOR PROPOSALS

JDE EOne Managed Services

Proposal ID: 2024-IT-14

APRIL 2024

CLAYTON COUNTY WATER AUTHORITY

1600 Battle Creek Road

Morrow, GA 30260

Virtual Teams Proposal Opening Meeting: Thursday, May 30, 2024 at 2:00 p.m. local time.

Virtual Teams Non-Mandatory Pre-Proposal Meeting: Thursday, May 16, 2024 at 2:00 p.m. local time.

This solicitation includes SLBE Preference Points

Clayton County Water Authority April 2024

Table of Contents i

Division 1 Project Description Section 1 Request for Proposals ............................................................... 1-1.1

Section 2 General Overview ...................................................................... 1-2.1

2.1 Objective ......................................................................... 1-2.1

2.2 Scope of Services ........................................................... 1-2.1

2.3 Proposal Submission ...................................................... 1-2.2

2.4 Proposal Requirements .................................................. 1-2.2

2.5 Proposal Format ............................................................. 1-2.2

2.6 Proposal Schedule .......................................................... 1-2.13

2.7 Addenda ......................................................................... 1-2.13

2.8 Proposal Preparation Costs ............................................ 1-2.13

2.9 Proposal Evaluation Criteria ........................................... 1-2.14

2.10 Special Provisions .......................................................... 1-2.15

Division 2 Proposal Submittals Section 1 Instructions to Proposers ........................................................... 2-1.1

Section 2 Risk Management Requirements .............................................. 2-2.1

Section 3 Required Proposal Submittals ................................................... 2-3.1

Section 4 Cost Proposal Form .................................................................. 2-4.1

Section 5 Georgia Bid Bond (Not Required)

Section 6 Proposer Qualification Information ............................................ 2-6.1

Section 7 Contractor Affidavit & Agreement .............................................. 2-7.1

Section 8 Small Local Business Enterprises (SLBE) ................................. 2-8.1

Division 3 Contract Forms Section 1 Master Service Agreement Form ............................................... 3-1.1

Section 2 Performance Bond (Not Required)

Section 3 Payment Bond (Not Required)

Section 4 Non-Collusion Certificate ........................................................... 3-4.1

Section 5 Certification of Absence of Conflict of Interest ........................... 3-5.1

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Table of Contents ii

Attachments A. W-9 Form B. Vendor Information Form C. Proposal Package Label D. Cost Proposal Package Label

Addenda (None Issued at this time)

END OF TABLE OF CONTENTS

Clayton County Water Authority April 2024

Division 1 Project Overview Section 1: Request for Proposals

1-1.1

Clayton County Water Authority 1600 Battle Creek Road Morrow, Georgia 30260

Name of Project: JDE EOne Managed Services.

The Clayton County Water Authority (CCWA) will open sealed proposals via a Virtual Teams Meeting on Thursday, May 30, 2024 at 2:00 p.m. local time at its offices located at 1600 Battle Creek Road, Morrow, Georgia 30260, for JDE EOne Managed Services.

Any proposals received after the specified time will not be considered.

A Non-Mandatory Pre-Proposal Virtual Teams Meeting will be held on Thursday, May 16, 2024 at 2:00 p.m. local time.

To attend both Pre-Proposal and Proposal Opening Virtual Meetings, please use the following information:

Join Microsoft Teams Meeting Toll number: +1 912-483-5368 Conference ID: 692 872 00#

CCWA encourages Small Local, Minority and Women-Owned businesses to participate and respond to this proposal request.

In an effort to promote responsible environmental practices the proposal package is available in electronic (Adobe PDF) format and can be requested via e-mail to CCWA_Procurement@ccwa.us. Proposers will need to provide contact information and an email address and any file size transfer limits to ensure email transmittals can be made. A hardcopy proposal package can also be requested at a cost of $25.

Clayton County Water Authority By: Dr. Cephus Jackson, Chairman

END OF SECTION

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDAzZjYyNzQtYjQzYi00ZmNlLTgwODQtYzA2YWYzZTA3Njk3%40thread.v2/0?context=%7b%22Tid%22%3a%228fea069c-f6d5-44d1-abd6-59e36bb5e36f%22%2c%22Oid%22%3a%22312cf2dd-2eb5-4f74-a1ec-22139b9a0e3d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDAzZjYyNzQtYjQzYi00ZmNlLTgwODQtYzA2YWYzZTA3Njk3%40thread.v2/0?context=%7b%22Tid%22%3a%228fea069c-f6d5-44d1-abd6-59e36bb5e36f%22%2c%22Oid%22%3a%22312cf2dd-2eb5-4f74-a1ec-22139b9a0e3d%22%7d mailto:CCWA_Procurement@ccwa.us

Clayton County Water Authority April 2024

Division 1 Project Description Section 2: General Overview

1-2.1

2.1 Objective

The purpose of this Request for Proposals (RFP) is to select proposers who can provide the best solution and services and possess highly qualified and reliable personnel specialized in Functional Support, Managed Services and Configurable Networking Computing (CNC) Services relevant to the JD Edwards EnterpriseOne (9.2) System and associated technology.

To be considered for this RFP, Proposers must be approved Oracle Business Partners.

Proposers must be United States based companies, with headquarters physically located within the Continental United States. No less than 70% of the personnel resources of proposers to be assigned to these tasks must all be physically located within the Continental United States. All management personnel of proposers to be assigned to these tasks must be physically located within the Continental United States. Notwithstanding any other provisions herein, proposers shall perform no less than seventy (70%) of all services performed with employees of the proposer.

The initial term of this contract will be for thirty-six (36) months, with the option to extend up to two (2) twelve (12) months renewal terms by written mutual consent by the Proposer and CCWA.

CCWA reserves the right to award the Managed Services as well as Development and Support work to multiple proposers; however, there should be no expectation of equal distribution of work by any proposer. Additionally, CCWA further reserves the right to procure any such services by other means at its sole discretion.

A Master Service Agreement with be issued to all awarded proposers, followed by the issuance of a Statement of Work for each authorized task or project. A sample Master Service Agreement, including the Statement of Work is provided in this

RFP.

2.2 Scope of Services

The selected proposers will work with CCWA staff by providing Managed Services, including but not limited to, system monitoring, CNC services for project management, functional and technical subject matter expertise for the 9.2.2 applications and CNC support for maintaining the 9.2.2 architecture. The selected proposer(s) will also provide support for the associated technology as needed, as well as development and support for specified activities.

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1-2.2

2.3 Proposal Submission

One (1) original, five (5) bound copies and one (1) electronic submission in pdf format of the Proposal (excluding the Cost Proposal Form1) shall be submitted in a sealed container, and delivered by hand, courier service, or via the United States Postal Service to Clayton County Water Authority, 1600 Battle Creek Road, Morrow, Georgia, 30260. No facsimiles and/or email submittals will be accepted.

At the time specified for the Proposal Opening, the sealed containers shall be publicly opened, but only the names of the Contractors shall be read aloud.

2.4 Proposal Requirements

The awarded proposer along with designated CCWA personnel will be responsible for managing the tasks under this RFP.

2.5 Proposal Format

All proposals should include the information outlined below and be tabbed to denote the sections as noted:

1. Executive Summary

Please provide an Executive Summary highlighting your current managed services. Please include specific details of any services funneled offshore.

Please detail your current client technical composition, the various release levels, both application and tools releases and hardware configurations your managed service is supporting, along with which applications you are supporting. Also provide what your service renewal rate has been over the past five years.

Please provide a detailed Service Level Agreement, complete with a coverage matrix, outlining the services covered as they relate to various CNC processes. Also include standard response times in relation to varying criticality levels. Please describe your critical levels. Please document the upgrade, implementation, and support methodology your company uses for an In-house hosted EnterpriseOne project on Windows/SQL technology.

1 One original paper copy of the Cost Proposal Form must be submitted in a separate sealed envelope and placed within the sealed submittal package. The envelope must be marked: “Cost Proposal.” The cost proposal envelopes will NOT be opened until all evaluations and references are completed for all Proposers.

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1-2.3

Please describe or attach your standard process for full package build and deployment, data dictionary and vocabulary changes, promotion to production and ESU/ASU installation.

Provide the full name and address of the organization and the branch or office that will perform the work. Include telephone number, point of contact and official signature of an authorized company representative. Indicate whether you operate as a single proprietorship, partnership, or corporation. Include the State(s) in which you are incorporated and/or licensed to operate.

2. Qualifications/Experience/Service Level

Please describe your experience with regards to the following, including the number of clients in the last two years and their platform where you have gained that experience:

A. Functional modules supported and work that you have done

B. Server Manager Installation/Upgrade and monitoring set-ups

C. Installation of Configuration Manager.

D. Configuring AIS

E. Working with Orchestrations

F. Upgrading to Tools Release 9.2.2

G. Code Current Activities

H. Other relevant new E1 components or integrations that you have done.

I. Development work that you have done within JD Edwards

Using the CCWA Fact Sheet (shown below) and the initiatives listed above, please propose a service plan for Managed Services, Support and CNC for CCWA:

CCWA JDE Version EnterpriseOne 9.2.2 \ Tools Release 9.2.2.5

CCWA # JDE Users 125 +

CCWA # Fat Client 12

Went Live Initial 2001, 9.0 February 2012, 9.2.2 October 2018

Archiving Have never archived

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1-2.4

Modules we are currently running

• Budgeting

• Accounts Payable

• Accounts Receivable

• General Ledger

• Equipment Maintenance

• Fixed Assets

• Human Resources, including ESS

• Inventory and Purchasing (supply chain management)

• Work Orders

• Payroll

• Health and Safety

Enterprise Server

• All Cisco UCS

• All Running VmWare 6.0

• All servers running Windows 2016

• Production Servers:

• Dev/Test Servers:

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1-2.5

Load Balancing No Load Balancing

Web Server Running Weblogic 12.2.1.2.0/12.2.1.3.0

Deployment Server Details in Enterprise Servers

Databases SQL 2016

Database Size • 150GB per database

• 1 Production and 5 Test databases (DEV, TRN, SB, PY)

Interfaces 20+ Interfaces

Modification Several modifications, not high volume.

Security • Single Security Server

• We utilize AllOut Security

3. Project Understanding and Approach

The following are the minimum requirements for external CNC Support to be provided to CCWA. To illustrate their appreciation of the type of CNC Services offered and needed, proposers are encouraged to include any additional options to enhance their offering.

A. Tier-1 Support – CNC, Technical and Functional

There must be Tier-1 level support for CCWA. Tier-1 will provide the critical support for CCWA and enable proficient response times with live specialists. Tier-1 also provides support for daily maintenance routines with a live specialist on a ‘call back’ basis.

1. Initial Dedicated Onsite Support: Per CCWA’s request, the primary resource will be onsite for the transition phase if needed.

Please provide an estimate of the duration of this phase.

2. Guarantee of xx hours a month (or per quarter): Of offsite/onsite support throughout term, which you will specify the number of guaranteed hours offered, and the number of unused hours that roll over into subsequent time periods.

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1-2.6

3. Dedicated Person: Dedicated person could be primary and secondary CNC technical and functional resources (prequalified by CCWA) will be assigned to the account.

4. Scheduled Hours: Guaranteed time to speak with primary support specialist, during the week, twice a week (time and day to be pre-determined by CCWA), as needed.

5. Standard Onsite Support: When required, the primary CNC Support Specialist will be onsite at CCWA.

6. Emergency Onsite Support: A CNC technician will be onsite ‘no later’ than one (1) business day from communicated emergency.

7. Offsite Standard Response: 30-minute response time for a standard call.

8. Offsite Emergency Response: 15-minute response time for emergencies.

9. Upgrade Support: When required, the primary CNC Technician (and Functional support) will be onsite on upgrade initiatives and mock upgrade efforts.

10. Workshop Support: When required, the primary CNC Technician (and Functional support) will be onsite to provide needed workshops for CCWA internal employees.

11. System Health Support: CCWA is a 24 by 7 operation with heavy users from 7:00 am to 5 pm and minimal users the rest of the day.

Please describe how you would handle system checks to ensure that CCWA’s operations are monitored, and its health checked to support the 24 x 7 operation described above.

12. Incident/Request Tracking System: Please provide detailed description of your Incident/Request Tracking System. Do you have a Service Ticket site that CCWA will be using to enter ticket request?

Include procedures for entering requests and/or incidents. Include training to be provided with regards to using the system.

13. SYSTEM Monitoring: What are your system monitoring solutions in place? Are they automated? What types of tools/reporting are in place? How will they be shared with CCWA? Are there any additional charges for these services?

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1-2.7

14. Reporting: Please describe the different types of reporting or portals that you will be providing CCWA. Please attach samples of the reports or provide an URL to view.

15. Use of DWS Global Suite of products: CCWA uses the DWS Global’s suite of products to help eliminate unnecessary testing and to automate testing. To that end, the successful proposer will need to work with CCWA and DWS so that we can use their products on an ongoing basis.

B. Onsite Support

1. The dedicated CNC Specialist or Functional resource will provide Onsite support as required. The backup will be notified in the event they are required. Onsite support will be a part of the guaranteed hours/month but can be extended. Onsite support must be scheduled by CCWA 2 weeks in advance.

2. Emergency onsite support is available with a one-business day expectation.

Travel expenses will be paid by CCWA in accordance with CCWA’s Travel policy as listed in the Master Services Agreement that is attached as part of this package. A time sheet and expense report must be produced by the primary support specialist and requires approval signatures by CCWA and the Proposer on a weekly basis as well as on the last scheduled day of onsite support.

C. Dedicated JDE/CNC Specialist

1. The Proposer must dedicate a primary and secondary resource solution to CCWA. It is expected that one of these resources is the CNC assigned to CCWA. The secondary resource is to be contacted by the primary resource in the event of an emergency. It is the responsibility of the Proposer to have the primary and secondary resources stay current with CCWA's E1 environment.

2. The secondary resource will be updated weekly by the primary and will often sit in on the weekly meetings.

3. The primary resource will be available per contract terms and will make daily decisions per contract terms and client needs on a weekly basis.

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1-2.8

4. There should be a singular method of communication between CCWA and both resources (single phone number and e-mail for both resources), as well as a defined process for reporting and tracking issues.

5. The primary resource should conduct a yearly CNC audit to verify the soundness of the CNC infrastructure of CCWA. The audit should produce a written report with recommendations for improvement.

The first audit should be conducted as soon as the engagement with CCWA commences.

6. The primary resource should document CNC settings, set-ups and any changes made to CCWA’s CNC configuration.

D. High Availability Support

1. High availability support is required in emergency situations requiring immediate action from Proposer. The “primary” support specialist from Proposer must be responsible for this support with the secondary on call.

2. High availability includes live response via phone, email, pager, and or onsite support per contract terms.

3. Emergencies are described as EnterpriseOne services are down;

UBE’s do not process properly in a live environment (i.e. Production is down). Update packages for custom objects must be applied for an unforeseen reason. Soft maintenance issues regarding EnterpriseOne need immediate attention.

E. JD Edwards Functional/Development Support

1. From time to time, functional and development support will be needed for specific JD Edwards activities that may be determined to be outside the scope of the normal monthly managed services. For certain projects it is anticipated that CCWA may request a scope of work and cost estimate from all contractors to determine which firm to award the project. Based on detailed project requirements, understanding and specific expertise of the Contractor, schedule, and cost estimate, CCWA will issue the Statement of Works to the Proposer which provides the best approach to meeting CCWA’s interests. Where CCWA determines that current Proposer’s have

Clayton County Water Authority April 2024

1-2.9 provided expertise or costs that are acceptable to CCWA, CCWA does reserve the right to procure services from others.

F. Response times and scheduled hours

1. Scheduled time to speak with a JDE functional or CNC specialist during the week (time and day to be pre-determined by CCWA). This time is intended to provide a weekly overview of outstanding tasks or any unresolved issues from the past week.

2. 30-minute response time for a standard call when working remotely.

The 30-minute response time does NOT indicate a resolution to the issue(s) but that dedicated work on the request will begin immediately.

3. All times will be based on EST. This allows CCWA to continue business without time changes, which impedes performance and effectiveness of issue resolution.

4. Hours are based on a 40-hour workweek during normal business hours. Provisions must be available for communication outside normal business hours for the primary and backup CNC Support Specialists.

G. Issue Escalation and Warranty

1. Please define how escalations are handled and the different levels of your escalation process.

2. Please define your solution warranty process.

3. How is CCWA acceptance of the solution recognized?

4. How are post promotion issues prevented, analyzed, and resolved?

5. Is there a post promotion warranty period?

H. Other Required Terms

1. Bankruptcy: Proposer must give CCWA a minimum two-month advance notice in the event of, a pending Chapter 9, 11 filing, or any potential interruption of service.

2. Penalty Assessment: Penalty assessments are to be used when Proposer involved does not meet the requirements per contract terms. In the event Proposer does not respond during the standard

Clayton County Water Authority April 2024

1-2.10 half hour or emergency 15-minute allotted time to CCWA, Proposer will credit CCWA 2 hours of time per occurrence.

I. Staffing Functional and Technical Experience

1. Please provide the composition of your technology team and include resumes for each individual that you propose to work with CCWA managed services including individuals that will be part of the reporting structure. Also provide the number of full-time JDE CNC and Functional resources that you have.

2. Technology (CNC and Functional) staff shall possess the following qualifications for Enterprise One:

a. Strong CNC/Enterprise One 9.2.2 applications and tools release 9.2.2.5 and higher experience, preferably in a Windows/SQL environment. We highly recommend highlighting years of experience on the specific E1 version and environment.

b. Responsible for documenting all desired requirements, developing programmatic/configuration solutions, testing solutions for accuracy with defined test plan, coordinate the implementation and completion of specifications, system changes and problem correction.

c. Ability to design detailed functional, technical and program specification oversees the creation of unit test plans and test data and monitor the execution of test procedures.

d. Ability to create logical and physical data models and design user interfaces.

e. Experience in structured design, analysis and development techniques, and structured test methodologies.

f. Working knowledge of quality assurance methodologies.

g. Good written and oral communication skills; ability to make presentations to both technical and non-technical audiences.

h. Interface with functional users to define and document functional requirements for application software using structured interviewing techniques.

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1-2.11

3. Define and document system scope, current logical view, general requirements and proposed logical view using structured design and analysis techniques.

4. Convert system requirements into detailed program specifications appropriate for delegation to programmers.

5. Evaluate and recommend design and development technology alternatives.

6. Coordinate the setup and upkeep of the development and testing environments for the applications to be developed.

7. Coordinate and participate in testing and evaluation of test results.

8. Coordinate the implementation, technical writing and user training activities associated with the system changes and new system development efforts.

9. Perform follow-up validation of corrected deliverables with the user community.

10. Coordinate and lead the effort in installation of the different servers in line with EnterpriseOne (AIS, Weblogic Portal, Business Services Server, Data Browser Server, Media Object Servers, etc.).

11. Define and document system scope, current logical view, general requirements and proposed logical view using structured design and analysis techniques.

12. Evaluate and recommend design and development technology alternatives.

13. Ensure that systems are in good working order

14. Coordinate and participate in testing and evaluation of test results.

15. Coordinate the implementation, technical writing and user training activities associated with the system changes and new system development efforts as needed.

4. References

List at least 3 references (with contact information), excluding CCWA, to provide the following information:

A. List of Utility customers that you have supported on JDE 9.2.2, and Windows/SQL

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1-2.12

B. A customer in the Utilities Industry servicing water, reclamation, and storm water.

C. A customer in the Utilities Industry with moderate modification and interfaces.

D. A customer in the Utilities Industry with one or more of the services being requested within this proposal.

5. Financial Viability

Include the most recent two years of financial data, including:

A. Audited Financial Statement.

B. Balance Sheet.

C. Dun & Bradstreet Report.

6. Cost Proposals

One paper original of the cost proposal form must be submitted in a separate sealed envelope and placed within the sealed submittal package. The cost proposal envelopes will NOT be opened until all evaluations and references are completed for all proposers.

CCWA reserves the right to negotiate costs with all Proposers that may be awarded work under this RFP. Such negotiations are at the sole discretion of the CCWA.

The fee/rate schedule shall be all-inclusive for all services.

2.6 Proposal Schedule

Non-Mandatory Pre-Proposal Meeting Thursday, May 16, 2024 at 2:00 p.m.

Deadline for Questions Monday, May 20, 2024 at 2:00 p.m.

Issue Last Addendum Friday, May 24, 2024 at 2:00 p.m.

Virtual Proposal Opening Thursday, May 30, 2024 at 2:00 p.m.

Anticipated Award Thursday, August 1, 2024

Sign Contract Friday, August 30, 2024

Planned Start Date Monday, September 2, 2024

All times listed are local time.

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1-2.13

2.7 Addenda

Proposers may ask questions regarding this Contract prior to the proposal opening. To be considered, all questions must be received in writing by email to CCWA_Procurement@ccwa.us by 2:00 p.m. (local time) on Monday, May 20, 2024. Any and all responses to proposers’ questions will be issued in the form of an Addenda by email. All addenda issued shall become part of the Proposal Documents.

2.8 Proposal Preparation Costs

Costs for developing proposals are entirely the responsibility of the Proposer and shall not be chargeable to the CCWA.

2.9 Evaluation Criteria

Proposals will be evaluated by CCWA staff and ranked based on the following criteria items 1-4 below. CCWA staff will then evaluate the cost submission portion of the proposals. SLBE Preference Points will be assigned to CCWA certified SLBE Proposers based on their business locations (see Division 2 Section 8 of this RFP package. The ranking of proposals and the proposed contract award will be made at the sole discretion of the CCWA.

Section Evaluation Criteria Points

1 Qualifications/Experience/Service Level 30

2 Project Understanding and Approach 25

3 References 15

4 Financial Viability 10

5 Cost Proposal 20

6 SLBE Preference Points (Up to) 10

Maximum Total Points 110 mailto:CCWA_Procurement@ccwa.us

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1-2.14

2.10 Special Provisions

No work will be assigned to subcontractors without the written approval of the

CCWA.

Proposers must be United States based companies, with headquarters physically located within the Continental United States. No less than seventy percent (70%) of the personnel resources of proposers to be assigned to this task shall be physically located within the Continental United States. All management personnel of proposers to be assigned to this task shall be physically located within the Continental United States. Notwithstanding any other provisions herein, proposers shall perform no less than seventy percent (70%) of all services performed with employees of the proposer.

The Contractor shall provide the necessary insurance and other requirements as per attached “Risk Management Requirements”.

I have read and understand the scope of work, conditions, and requirements. I also understand, and have provided, all documentation required to be included for the CCWA’s evaluation of criteria in this Request for Proposal. Omission of any part of the requested documentation may result in the disqualification of the proposal by the CCWA.

The Proposer is submitting a proposal for: (Please select all that apply)

Monthly Managed Services including Functional assistance JD Edwards Functional/ Development Projects Both

Name (printed): ______________________________________________

Signature: ______________________________________________

Title: ______________________________________________

Company: ______________________________________________

Date: ______________________________________________

Clayton County Water Authority April 2024

Division 2 Proposal Requirements Section 1: Instructions to Proposers

2-1.1

These instructions are to be followed by every entity proposing to provide the Clayton County Water Authority (CCWA) with goods and/or services. These instructions constitute an integral part of the proposal, and any Proposer agrees that tender of a proposal constitutes acknowledgment and acceptance of its obligation to adhere to these instructions, which are to be incorporated into and considered part of any contract the Proposer ultimately executes with the CCWA.

1. If there is any question whatsoever regarding any portion of the specifications, it shall be the Proposer’s responsibility to seek clarification immediately from the CCWA, as early as possible prior to the proposal opening. Regarding public works projects, requests for interpretations of specifications must be made in writing to the department proposing out the project not later than five (5) days prior to receipt of proposals.

2. Unless it is otherwise stated in the proposal documents, it shall be the responsibility of the proposer to inform itself as to all conditions of the work site and to make and take account thereof in calculating and submitting its proposal.

Documents may be made available by the CCWA during the proposal process; no warranty of accuracy is made in regard to these documents, and it is the responsibility of the proposer to make its own investigations as to the nature of the work and the conditions under which it shall be performed, and to make its own independent assumptions as to these matters. The burden of anticipating unforeseen circumstances, either hidden or latent, and the conditions of the work site and all related circumstances, and the cost of accommodating therefore should unanticipated circumstances be later encountered shall rest upon the proposer.

3. Pre-proposal meeting or any other information session will be held at the location as indicated in the solicitation. Unless indicated otherwise, attendance is not mandatory, although proposers are strongly encouraged to attend. However, in the event the meeting is mandatory, then a representative of the proposer must attend the meeting in its entirety to be considered eligible for solicitation award. Late entry to the meeting will not be allowed.

4. In the event that, after the acceptance of a proposal by the Board of Directors of the CCWA, any unsuccessful proposer wishes to contest such action, a written “Notice of Contest” must be filed with the General Manager no later than close of business on the 5th business day after the selection of successful proposer by the Board. Failure to timely file such notice shall forever preclude the filing of a contest of the award, or any civil action in the courts of the State of Georgia or of the United States.

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Division 2 Proposal Requirements

2-1.2

5. Information submitted by the Proposer in the proposal process shall be subject to disclosure after proposal award in accordance with the Georgia Open Records Act.

Proprietary information must be identified and be accompanied by a signed affidavit outlining the redacted information. Entire proposals may not be deemed proprietary.

6. Proposals must be made on the enclosed Proposal Form. Unless otherwise requested, one (1) original and at least two (2) copies of the Proposal Form need to be submitted, and these copies must be typewritten or printed in ink. All copies of any Proposal Forms must be signed in ink by the person or persons authorized to sign the Proposal Form. The person signing the Proposal Form must initial any changes or corrections.

7. The name of the person, firm, or corporation making the proposal must be printed in ink, along with the Proposer’s signature, on all separate sheets of the Proposal Form. If a proposal is made by an individual, his name and post office address must be shown. If made by a firm, or partnership, the name and the post office address of each member of the firm or partnership must be shown. If made by a Corporation, the person or persons signing the proposal must show the name of the State under the laws of which the Corporation is chartered and his, or their, authority for signing same. The names, titles and addresses of the President, Secretary and the Treasurer and the corporate authority for doing business in this state shall be listed and returned with the Proposal Form.

8. All proposals must be hand delivered, delivered by courier service, or mailed via the United States Postal Service. No facsimiles will be accepted. The person, firm, or corporation making the proposal shall submit it in a sealed envelope on or before the date and time specified in the proposal package. The envelope shall be marked “Sealed Proposal” and carry the proposal title, Contractor’s License Number and date and time of opening as set forth in the proposal package. The envelope shall also bear the name of the party making the proposal and the party’s address. Address proposals to Clayton County Water Authority, 1600 Battle Creek Road, Morrow, Georgia, 30260. Even if a proposal is not submitted, the Proposal Form should be returned signed and with an explanation, otherwise the result will be deletion from the mailing list.

9. If published price books are a part of your proposal, one price book must be included with your Proposal Form, and the successful Proposer is required to furnish additional current price books after award of the proposal.

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Division 2 Proposal Requirements

2-1.3

10. Alterations to the documents are strictly prohibited and shall result in automatic disqualification of the Contractor’s proposal. If there are "exceptions" to the specifications or comments to any of the solicitation requirements or other language, then the proposer may ask questions regarding those requirements or submit additional documentation as to the variation from the specifications but may not alter any of the language contained in the solicitation.

11. In the case of goods, the person, firm or corporation making the proposal may propose all items. All items may be considered separately, at the discretion of the

CCWA.

12. Bids for public works whose price exceeds $100,000.00 must be accompanied by a certified check, cashier's check, or acceptable bid bond in an amount not less than five percent (5%) of the amount bid.

13. Proposers for construction contracts where the laws of Georgia or the United States of America require a license in order to perform such construction must list the license number and class on the face of the proposal envelope and must enclose copies of any required license with the proposal.

14. When public work is let out for proposal, no person shall prevent or attempt to prevent competition in such proposal. Such Proposers must make an oath filed with the officer who makes payments under the contract that they have not prevented or attempted to prevent competition in the proposal process. Such oath must be signed by: if a partnership, all partners and any officer or agent or other person who acted on the partnership’s behalf during the proposal process; if a corporation, all officers, agents, or other persons who acted for the corporation in the proposal process.

15. Proposals shall not be withdrawn or cancelled by the proposer past the proposal opening date and time. The proposer may make modifications/ corrections to the proposal by submitting a corrected seal proposal but only if the change is prior to the proposal opening. The corrected document should be clearly marked that it supersedes the proposal originally submitted. No modification or corrections will be allowed subsequent to the proposal opening.

16. By tendering a proposal, the Proposer agrees to leave the proposal open for acceptance by the CCWA for ninety (90) days after the date set for the opening thereof.

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Division 2 Proposal Requirements

2-1.4

17. By tendering a proposal, the Proposer certifies that the Proposer has carefully examined these instructions and the terms and specifications applicable to and made a part of the proposal. The Proposer further certifies that the prices shown in any schedule of items on which the Proposer is proposing are in accordance with the conditions, terms, and specifications of the proposal and that they are aware that any exception taken thereto may disqualify the proposal. Proposers are required to inform themselves fully as to the availability of materials and the conditions relating to construction and labor under which any work will be or is now being performed. No error or misjudgment nor any lack of information on local conditions, general laws or regulations on the part of the Proposer shall merit withdrawal of the proposal.

18. Copies of all communications pertaining to proposals must be sent to the Contracts, Compliance and Risk Management Section.

19. The purpose of this proposal is to establish contract prices. Unit price extension and net total must be shown if applicable. Cash discounts should be indicated separately. Any applicable sales taxes should be included in the unit prices for all materials to be provided by the successful Proposer.

20. Proposers are hereby notified and agree by submission of a Proposal Form that if additional items not listed in the Proposal Form become necessary and require unit prices not established by the Proposal Form, the unit prices of such items shall be negotiated and shall be directly proportional to the established unit prices of similar items in the Proposal Form.

21. All prices on goods shall be for delivery, our destination, F.O.B. destination freight prepaid Jonesboro, Georgia, and/or Morrow, Georgia, unless otherwise shown.

Any deliveries shall be made as needed and requested throughout the contract period.

22. Quantities when shown are estimates only, based on anticipated needs. The CCWA reserves the right to purchase more or less based on actual need at contract price. If a Proposer intends to offer minimum or maximum shipment quantities, such intent and such quantities should be specified on the Proposal Form. Otherwise, none will be assumed.

23. The time for completion of the work is stated in the Proposal Form. Failure to complete the work within this period shall result in payment to the CCWA of liquidated damages in an amount provided for by contract for each calendar day in excess of the Contract time.

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Division 2 Proposal Requirements

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24. The Proposer must employ such methods and means in carrying out the work as will not cause any interruption of or interference with any other Proposer.

25. The successful Proposer must comply with the applicable Risk Management Requirements prior to beginning performance, and during the contract period.

26. The Contract between the CCWA and the Proposer shall be executed on a form provided by CCWA and will be subject to all requirements of the contract documents (which include but may not be limited to the Contract, these instructions, any Purchase Orders, and the Risk Management Requirements), and shall form a binding contract between the contracting parties.

27. Failure to execute the Contract, any required Surety Performance and Payment Bonds, or to furnish any required satisfactory proof of carriage of required insurance within ten (10) days from the date of notice of award of the Contract shall be just cause for the annulment of the award and for forfeiture of the proposal guaranty to the CCWA, not as a penalty, but in liquidation of damages sustained.

At the discretion of the CCWA, the award may then be made to the next lowest responsible proposer, or the work may be re-advertised or constructed by the

CCWA.

28. Any Contract and Contract Bonds shall be executed in duplicate.

29. Award of this proposal shall be by action of the CCWA Board at its regular monthly meeting.

30. The CCWA reserves the right, with or without notice or cause, to accept any proposal regardless of the amount thereof; to reject any proposal, or any number of proposals; to negotiate with any Proposer for a reduction of or alterations in its proposal; to reject all proposals and to call for additional proposals upon the same or different invitations to proposal, plans or specifications; to be sole judge, in its discretion, on all questions as to whether or not a proposal complies with the invitation to proposal, the plans or the specifications, and as to the solvency and sufficiency of any and all sureties on all bonds.

31. The apparent low proposal for goods shall be the lowest aggregate total price of specified products at their unit prices times the estimated required quantities of these specified products.

32. While CCWA intends to purchase at the lowest responsible proposal available, price shall not be the sole criteria utilized by the CCWA in evaluating the proposal

Clayton County Water Authority April 2024

Division 2 Proposal Requirements

2-1.6 packages submitted. The following criteria shall also be utilized by the CCWA in determining the lowest responsible proposal:

a. Ability of proposer to perform in the time frame needed by the CCWA.

b. Reputation of the proposer in its industry.

c. Reasonableness of the proposal in relation to anticipated costs.

d. Ongoing relationships with the CCWA based on above-average prior performance of work with CCWA.

e. Preference for local proposers where there is no significant variance in price or service.

33. Proposers are notified that CCWA reserves the right except in the case of public works contracts to include among the factors considered in awarding the contract the proximity of each Proposer's place of business to any affected Authority facility.

CCWA further reserves the right to award the contract to a Proposer other than the Proposer offering the lowest price where: (a) the difference in price between the low Proposer and the preferred Proposer is nominal: and (b) CCWA's Board determines that the preferred proposal provides the most cost-effective option due to the closer proximity of the preferred Proposer's place of business to the affected Authority facility or facilities. In such a situation, by responding to this proposal, the Proposer waives any cause of action against CCWA for frustration of proposal or under any similar legal theory; furthermore, the Proposer agrees to pay all costs and expenses, including but not limited to attorney fees, incurred by CCWA in defending against any such claim.

34. It is the policy of the Clayton County Water Authority (CCWA) to promote award of sub-agreements for goods and/or services to qualified minority and women-owned businesses. Proposers are encouraged to solicit minority and women-owned businesses whenever they are potential sources.

35. Proposers are encouraged to utilize the services and assistance of the U.S. Small Business Administration (SBA), and the office of the Department of Commerce Minority Business Development Agency (MBDA). These agencies can provide assistance in securing the names of qualified minority and women-owned businesses. Additionally, it is encouraged that bidders access certified Small Local Business Enterprise (SLBE) vendors from Clayton County, DeKalb County, and City of Atlanta.

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Division 2 Proposal Requirements

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The Georgia Department of Transportation (DOT) has established a list of qualified Disadvantaged Business Enterprises. Information is available online under the tab for “Directories”, link for “UCP Directory - Excel” at:

http://www.dot.ga.gov/PS/Business/DBE.

The successful Bidder will be asked to provide, along with his Request for Payment each month, a list of qualified SLBE and MBE/WBE businesses utilized on this Project.

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OF 2006

36. Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the successful Proposer understands and agrees that compliance with the requirements of O.C.G.A.13-10-91 and Georgia Department of Labor Rule 300- 10-02 are conditions of this proposal and contract document. The Proposer further agrees that such compliance shall be attested by the Proposer and any of his Subcontractors by execution of the appropriate Affidavit and Agreement included after the Agreement Form of these documents.

http://www.dot.ga.gov/PS/Business/DBE

Clayton County Water Authority April 2024

Division 2 Proposal Requirements Section 2: Risk Management Requirements

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The Contractor will provide minimum insurance coverage and limits as per the following:

The Contractor will file with the Authority Certificates of Insurance, certifying the required insurance coverage and stating that each policy has been endorsed to provide a minimum of thirty (30) day advance written notice to the Authority in the event of cancellation, material change, or nonrenewal of policies required under the contract to the Authority. All bonds and insurance coverage must be placed with an insurance company approved by Authority Management, licensed or approved to do business in the State of Georgia, and rated Secure (“A-”, “VII” or better) by A.M. Best’s Insurance Guide throughout the duration of the contract. The letter denotes the company’s financial strength, and the Roman numeral represents the financial size of the carrier. Worker’s Compensation self-insurance for individual Contractors must be approved by the Worker’s Compensation Board, State of Georgia and/or Self-Insurance pools approved by the Insurance Commissioner, State of Georgia. The insurer shall agree to waive all rights of subrogation against the Authority, its elected or appointed officers, officials, agents, authorized volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Authority, but this provision applies regardless of whether or not the Authority has received a waiver of subrogation from the insurer.

As the risk management requirements herein are minimum required insurance coverage and limits, the Authority’s Risk Manager may require additional and/or increase in coverage and limits driven by the complexity of the relevant contract.

The Authority requires insurance on an “occurrence” basis whenever possible. Policies written on a “claims made” basis (e.g. cyber, professional liability and pollution liability) require the inclusion of the following provisions:

(a) The retroactive date must be shown on the certificate of insurance (or provided a copy of the declarations page showing it).

(b) Insurance must be maintained for at least two (2) years after completion of the work and/or contract.

(c) If coverage is canceled or non-renewed after the work has been completed and/or the contract has ended, the contractor must purchase the extended reporting period for at least two (2) years.

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ALL CONTRACTS AS APPLICABLE

Worker’s Compensation – Workers’ Compensation coverage on a statutory basis for the State of Georgia with an Employer’s Liability MINIMUM limits of $500,000 bodily injury for each Accident, $500,000 bodily injury for each Disease, and $500,000 bodily injury by Disease for each Employee. Disease $100,000 each employee, $500,000 Disease policy limit. If any work is performed out of state including any remote worker, then those states must be covered as well. If there is an exposure of injury to any contractors or providers to any maritime exposures then coverage shall include the appropriate endorsements such as USL&H (United States Longshore and Harbor Workers Comp Act), Jones Act or other federal statutes.

Automobile Liability – Automobile liability required for all contracts except for products or services that are remote only or are delivered by professional delivery service. ISO policy form CA0001 or its equivalent liability coverage. Coverage shall be included for any owned, leased, hired, or non-owned autos (ISO symbol 1 is preferred). For any contracts involving the transportation of hazardous materials, limited pollution endorsement ISO form CA9948 or its equivalent shall be on the policy. Sole proprietors shall provide the same limits as stated above via a personal auto policy plus an umbrella. Uninsured motorist coverage should be equal to the per occurrence limit except for contracts with other governmental entities.

Umbrella Liability Insurance – recommended for all contracts. The umbrella or Excess Liability Policy may be used to combine with underlying policies to obtain the

Crime Liability – Crime Liability required for all contracts involving any use, care, custody, or control of any cash, money, securities, and/or wire transfers. Any use of crypto currencies must be pre-approved by the risk management department.

Cyber Liability – Cyber Liability required for all software, computer hardware installation, data access, data integrations, data usage, cloud storage, SaaS, and or technology related contracts. Coverage shall include the minimum:

Information Security & Privacy Liability, Regulatory Fines and Penalties, Payment Card Industry (PCI) – if credit cards and/or banking information is obtained or accessed, and Ransomware. Since cyber insurance policies are written on a claims made basis insurance must be maintained for at least two (2) years after completion of the work and/or contract.

Professional Liability (Errors & Omissions)

– Professional Liability required for all professional service contracts. This shall include any consultants, medical, legal, technical, insurance agents, or other professions that require proper licenses.

Terrorism Liability – Terrorism Liability required on specific contracts stated by the risk…