RFP_012-2421201-DV_-_Library_Materials_Vending_Machine(s).pdf

County of Orange OC Community Resources, OC Public Libraries

RFP #012-2421201-DV

Library Materials Lending Machine(s)

File No.: 2421201

COUNTY OF ORANGE

OC COMMUNITY RESOURCES, OC PUBLIC LIBRARIES

PROCUREMENT SERVICES

REQUEST FOR PROPOSALS (RFP)

FOR:

LIBRARY MATERIALS LENDING MACHINE(S)

RFP NO. 012-2421201-DV

Libraries

RFP #012-2421201-DV

Library Materials Lending Machine(s)

COVER PAGE

REQUEST FOR PROPOSALS (“RFP”)

The County of Orange, Orange County Community Resources (OCCR), Purchasing and Contracts Services on behalf of OC Public Libraries, hereinafter referred to as “County” is soliciting proposals from qualified vendors (“Respondents”) for Library Materials Lending Machine(s). Respondents must meet the minimum qualifications and requirements as set forth within the RFP and capable of providing services identified in the Scope of Work attached hereto and incorporated herein by this reference as Attachment A.

This RFP is set out in the following format:

SECTION I Introduction and Instructions to Respondents SECTION II Response Requirements SECTION III Model Contract

All questions and inquiries related to this RFP must be directed to: Dana Varela, hereinafter referred to as “Deputy Purchasing Agent” or “DPA”, via the County’s online bidding system at https://procurement.opengov.com/portal/ocgov; For assistance, please contact OpenGov via support@opengov.com. Respondents are not to contact other County personnel with any questions or clarifications concerning this RFP.

Respondents are not to contact other County personnel with any questions or clarifications concerning this RFP. The DPA will provide all official communication concerning this RFP. Any County response relevant to this RFP other than through or approved by the DPA is unauthorized and will be considered invalid.

* If the Respondent is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signatory to bind the corporation.

RETURN THIS SHEET WITH YOUR RESPONSE

I HAVE READ, UNDERSTOOD AND AGREE TO ALL STATEMENTS IN THIS REQUEST FOR QUALIFICATIONS, AND TO

THE TERMS, CONDITIONS AND ATTACHMENTS REFERENCED HEREIN.

Date: _______________________ Company Legal Name: _______________________________

*Legally Authorized Signature Name Title

*Legally Authorized Signature Name Title

INSTRUCTIONS:

1. SUBMIT PROPOSAL IN MS WORD FORMAT OR

TEXT SEARCHABLE PDF THROUGH COUNTY’S

ONLINE BIDDING SYSTEM

2. ALL PROPOSALS AND FEE PROPOSALS ARE TO

BE IDENTIFIED WITH RFP#.

3. FOR FURTHER INFORMATION, CONTACT OCCR

PROCUREMENT AT

DANA.VARELA@OCCR.OCGOV.COM.

Release Date: October 9, 2023

ORANGE COUNTY

COMMUNITY

RESOURCES

601 North Ross Street Santa Ana, CA 92701

PROPOSALS MUST BE RECEIVED

ON OR BEFORE 2:00 PM PDT

ON

October 23, 2023

Proposal Number:

RFP 012-2421201-DV

https://procurement.opengov.com/portal/ocgov https://help.procurement.opengov.com/en/collections/1392366-vendor-guides

Libraries

RFP #012-2421201-DV

Library Materials Lending Machine(s)

TABLE OF CONTENTS

Page No.

COVER PAGE

TABLE OF CONTENTS ........................................................................................................... 3-4

SECTION I: INTRODUCTION AND INSTRUCTIONS TO RESPONDENT

A. Introduction B. Selection Process Schedule C. Instructions to Respondents and Procedures for Submittal .................................................... 6-9 D. Evaluation Process and Criteria .......................................................................................... 9-10 E. Selection/Award Process .................................................................................................... 10-11 F. Department of the Treasury, Internal Revenue Service Form W-9 Requirements…………...11 G. County of Orange Local Small Business (OCLSB) and Disable Veteran Business

Enterprise (DVBE) Preference ........................................................................................... 11-12

SECTION II: PROPOSAL RESPONSE REQUIREMENTS

Part 1

1. Cover Letter/Executive Summary

2. Validity of Proposal

3. Certification of Understanding

4. Essential Requirements for Qualifications Statement

5. Certificate of Insurance

6. W-9 Requirements

7. Conflict of Interest

8. Statement of Compliance ................................................................................................... 16-17

9. Non-Collusion Declaration ................................................................................................. 17-18

10. Litigation

11. Name/Ownership Changes

12. Levine Act Compliance

Part 2

Company Profile & References ................................................................................................ 22-23

Part 3

Respondent’s Proposal .............................................................................................................. 24-25

Part 4

SECTION III: MODEL CONTRACT

Model Contract ......................................................................................................................... 27-56 Attachment A – Scope of Work ................................................................................................ 52-53 Attachment B – Payment and Compensation ........................................................................... 54-56 Attachment C – County of Orange Security Guidelines ........................................................... 57-75

EXHIBITS:

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RFP #012-2421201-DV

Library Materials Lending Machine(s)

Exhibit 1- Local Small Business (OCLSB) Preference and Disabled Veteran Business Enterprise Certification Requirements ...................................................................................................... 76-78 Exhibit 2 – Campaign Contribution Disclosure Information Form Exhibit 3 – County of Orange Campaign Contribution Disclosure Form Exhibit 4 – Questions for Respondent ...................................................................................... 81-82

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RFP #012-2421201-DV

Library Materials Lending Machine(s)

SECTION I

INTRODUCTION

AND

INSTRUCTIONS TO RESPONDENTS

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RFP #012-2421201-DV

Library Materials Lending Machine(s)

SECTION I: INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

A. INTRODUCTION

The County of Orange, Orange County Community Resources (OCCR), Purchasing and Contracts Services on behalf of OC Public Libraries, hereby invites qualified Respondents to submit a Proposal to provide Library Materials Lending Machine(s) (see Section II for further description).

Refer to Section III of this RFP for an expanded description of the Scope of Work.

Respondent is expected to provide all the services that fulfill or exceed the requirements and conditions set forth in this RFP.

B. SELECTION PROCESS SCHEDULE

Date Scheduled Activities 10/16/2023 Written Questions from Respondents Due by 2:00 P.M. PDT 10/23/2023 Deadline for Submission of Proposals: Due by 2:00 P.M. PDT

TBD Evaluation of Written Proposals TBD Electronic Oral Interviews TBD Negotiations TBD Kick-Off Meeting

**This is a proposed schedule that is subject to change. Any changes to the schedule for the RFP process will be issued to all Respondents via addenda on OpenGov. **

C. INSTRUCTIONS TO RESPONDENTS AND PROCEDURES FOR SUBMITTAL

1. Clearly identified Proposals are due by 2:00 P.M. Pacific Standard Time on the date as specified on Cover Page and in Section B above. Proposals are to be uploaded through the OpenGov website via County’s online bidding system for the following project:

Re: RFP 012-2421201-DV: Library Materials Lending Machine(s)

This is a fully electronic Request for Proposals (RFP). Respondents must submit their proposals online via OpenGov website at County’s online bidding system. Only electronic proposals will be accepted. Facsimile and e-mail proposals will NOT be allowed.

2. Examine the Contract Documents and the site of the proposed work carefully before submitting a Proposal for the work contemplated. Investigate the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of all Contract Documents.

3. The County has attempted to provide all information available. It is the responsibility of each Respondent to review, evaluate, and, where necessary, request any clarification prior to submission of a Proposal. If any person contemplating submitting a response to this Request for Proposals is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or omissions from the specifications, they may submit a written request for clarification/interpretation to the County Deputy Purchasing Agent (DPA) via the County’s on-line bid system at: County’s online bidding system under the bid page for this solicitation.

If clarification or interpretation of this solicitation is considered necessary by County, a written addendum shall be issued and the information will be posted on the OpenGov website at: County’s online bidding system. Any interpretation of, or correction to, this solicitation shall be issued by https://opengov.com/ https://opengov.com/ https://opengov.com/

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RFP #012-2421201-DV

Library Materials Lending Machine(s) the County DPA. The County will make reasonable efforts to provide a copy of such addendum to each person/firm receiving the original solicitation documents directly from the County. However, the County does not guarantee receipt by Respondent of all addenda. It is the responsibility of each Respondent to periodically check the County’s on-line bid system to ensure that they have received and reviewed any and all addenda to this solicitation. The County will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information. If an addendum is issued, a signed copy must be included with proposal response.

All questions or requests for interpretations must be received by the date and time specified on Cover Page and in Paragraph B above.

4. Proposals must be valid for a period of at least three hundred sixty-five (365) calendar days from the closing date and time of receipt. No Proposal may be withdrawn after the submission date.

6. Each Respondent must provide: Signed Proposal in text searchable PDF through the OpenGov website via County’s online bidding system.

7. All pages must be numbered and identified sequentially by section. Proposals must be tabbed and indexed in accordance with the information requested in Section II, Proposal Response Requirements. It is imperative that all Respondents comply, exactly and completely, with the instructions set forth herein. All responses to this RFP shall be type written or word-processed (except where otherwise provided or noted), concise, straightforward, and must fully address each requirement and question. Although not as a substitute for a complete written response, additional material, such as technical documents, may be referenced in any response, if the material is included in the same section as additional information

8. Proposals are not to be marked as confidential or proprietary. The County may refuse to consider any Proposal so marked. Proposals submitted in response to this RFP may become subject to public disclosure. The County shall not be liable in any way for disclosure of any such records.

Additionally, all Proposals shall become the property of the County. The County reserves the right to make use of any information or ideas in the Proposals submitted.

9. By submitting a Proposal, the Respondent represents that it thoroughly examined the County’s requirements, is familiar with the services required under this RFP and is qualified and capable of providing the services to achieve the County’s objectives.

10. Each Respondent must submit its Proposal in strict accordance with all requirements of this RFP and compliance must be stated in the Proposal. Deviations, clarifications and/or exceptions must be clearly identified and listed separately as alternative items for the County’s consideration as specified in Section II, Part 1, 8. “Statement of Compliance.”

Note: Allow sufficient time to upload all required files. OpenGov will not allow any uploads after the due date and time specified herein, e.g., if Part 1 and 2 uploaded successfully at 3:58:38 P.M.

and Part 3 is in progress of being uploaded at 4:00:01 P.M., Part 3 will not upload successfully.

11. County reserves the right to request proposal revisions and hold discussions and negotiations with any Respondent as necessary to serve the best interests of the County. Any Proposal may be rejected if it is conditional, incomplete or deviates from specifications in this RFP. The County reserves the right to waive, at its discretion, any procedural irregularity, immaterial defects or other improprieties which the County deems reasonably correctable or otherwise not warranting rejection of the Proposal. Any waiver will not excuse a proponent from full compliance.. Pre-contractual expenses are not to be included in the Price Proposal, Attachment B, Cost/Compensation.

Libraries

RFP #012-2421201-DV

Library Materials Lending Machine(s)

12. Pre-contractual expenses are defined as including, but not limited to, expenses incurred by the Respondent in: a) preparing its Proposal in response to this RFP; b) submitting that Proposal to the County; c) negotiating with the County any matter related to the Respondent’s Proposal; and d) any other expenses incurred by the Respondent prior to the date of award and execution, if any, of the Contract.

13. Any Proposal may be construed as non-responsive and ineligible for consideration if it does not comply with the requirements of the RFP. Failure to comply with the technical features and acknowledgment of receipt of addenda are common causes for holding a Proposal nonresponsive.

14. Attachment B, Cost/Compensation shall be submitted with Proposal.

15. County reserves the right to: a) negotiate the final Contract with any Respondent(s); b) withdraw this RFP in whole or part at any time without prior notice (the County makes no representations that any Contract will be awarded to any Respondent responding to this RFP); c) award its total requirements to one Respondent or to apportion those requirements among two or more Respondents; and/or d) reject any Proposal if it is conditional, incomplete or deviates significantly from the services requested in this RFP. In addition, negotiations may or may not be conducted with Respondents. Therefore, Proposals submitted shall contain the Respondent’s most favorable GMP, terms and conditions, since the selection and award may be made without discussion with any Respondent.

16. Where two or more firms desire to submit a single Proposal in response to this solicitation, they only may do so as prime/subcontractor relationships.

The County does not require and neither encourages nor discourages the use of advocates or other consultants for the purpose of securing business.

In the event a Respondent believes that the County’s solicitation is unfairly restrictive or ambiguous or contains conflicting provisions or the Respondent believes that any resulting Contract would be commercially impractical to perform, the Respondent must file a written protest with the County

DPA.

a. Procedure:

All protests shall be typed under the protestor’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:

1) The name, address, and telephone number of the protestor.

2) The signature of the protestor or the protestor’s representative.

3) The solicitation or contract number.

4) A detailed statement of the legal and/or factual grounds for the protest; and,

5) The form of relief requested.

b. Protest of Bid/Proposal Specifications:

All protests related to proposal specifications must be submitted to the Deputy Purchasing Agent no later than five (5) business days prior to the RFP Closing Date for proposals. Protests received after the five (5) business-day deadline will not be considered by the County.

In the event the protest of specifications is denied, and the protestor wishes to continue in the solicitation process, the protestor must still submit a proposal prior to the close of the solicitation in accordance with the proposal submittal procedures provided in this RFP.

Libraries

RFP #012-2421201-DV

Library Materials Lending Machine(s)

c. Protest of Award of Contract

In protests related to the award of a contract, the protest must be submitted no later than five

(5) business days after the notice of the proposed contract award is provided by the DPA.

Protests relating to a proposed contract award which are received after the five (5) business day deadline will not be considered by the County.

d. Protest Process

1) In the event of a timely protest, the County shall not proceed with the solicitation or award of the contract until the Deputy Purchasing Agent renders a decision on the protest.

2) Upon receipt of a timely protest, the Deputy Purchasing Agent will within ten (10) business days of the receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.

3) The County may, after providing written justification to be included in the procurement file, make the determination that an immediate award of the contract is necessary to protect the substantial interests of the County. The award of a contract shall in no way compromise the protestor’s right to the protest procedures outlined herein.

4) If the protestor disagrees with the decision of the Deputy Purchasing Agent, the protestor may submit a written appeal to the County Procurement Officer requesting an appeal to the Procurement Appeals Board, in accordance with the process stated below.

e. Appeal Process

1) If the protestor wishes to appeal the decision of the Deputy Purchasing Agent, the protestor must submit, within three (3) business days from receipt of the Deputy Purchasing Agent’s decision, a written appeal to the Office of the County Procurement Officer.

Written appeals must be sent by mail to the address below with a courtesy copy by email;

County of Orange/County Executive Office County Procurement Office 1300 South Grand Avenue Santa Ana, CA 92705 Attn: County Procurement Officer CPOAppeals@ocgov.com

2) Within fifteen (15) business days, the County Procurement Officer will review all materials in connection with the grievance, assess the merits of the protest and provide a written determination that shall contain his or her decision on whether the appeal shall be forwarded to the Procurement Appeals Board.

3) The decision of the County Procurement Officer will be final and there shall be no right to any administrative appeals of this decision.

D. EVALUATION PROCESS AND CRITERIA

Proposals deemed to meet all minimum RFP requirements will be scored based on the established criteria, which have been weighted and will be assigned points that measure the responsiveness to each mailto:CPOAppeals@ocgov.com

Libraries

RFP #012-2421201-DV

Library Materials Lending Machine(s) identified criterion. The total number of points earned will be tallied for each Proposal, based upon the Respondent(s) submitted written materials.

Proposals shall be evaluated by an Evaluation Panel on the basis of the responsiveness to the requirements in this RFP. The County may request clarifications, or otherwise verify the contents of the Proposal, including information about the Respondent, consultants and sub-consultants. The County Reserves the right to seek publicly available information about the Respondents.

The scoring is based on evaluation of the Proposal as measured against the Scoring Criteria. Proposals will be evaluated from the most advantageous to the least advantageous to the County.

The Respondent will be selected through a qualifications-based selection process based on the following criteria with 100 total points available:

1. Written Proposal Scoring Format: 80 percent maximum:

Criteria Description Max Percentage

I Qualification and Related Experience TBD II Ability & Availability to Provide Services TBD III Organization /Completeness of Proposal/Response TBD IV Degree of Compliance with the County Model

Contract

TBD

V Cost TBD

2. Presentation/Interview Scoring Format: 20 percent maximum:

County reserves the right to conduct, or to not conduct, oral interviews and/or presentations with the highest-scored Respondent(s). The decision whether to conduct oral interviews/presentations rests solely with County and the decision of the DPA is final. Respondents shall be ready to attend interview, virtually via Microsoft Teams video conferencing within five (5) calendar days of notification. Any inquiry to determine the responsibility of a Respondent to this RFP may be conducted. Respondent agrees that the submission of a Proposal is permission by Respondent for County to verify all information contained therein. If County believes it necessary, additional information may be requested from Respondent. The County may also send written questions and ask for written responses within five (5) business days. Failure to comply with any such request may disqualify a Respondent from further consideration. Respondents must be prepared to discuss all aspects of their proposal in detail, including technical questions. Respondents will not be allowed to alter or amend their Proposal through the use of the presentation process.

E. SELECTION/AWARD PROCESS

Upon the completion of the evaluation process, the Evaluation Committee will make a recommendation for award to County DPA. Final award determination shall be subject to reference checks and past performance and may be subject to approval(s) by County Board of Supervisors. In addition, County reserves the right to verify and validate any information prior to Contract Award and during the entire term of Contract.

The Model Contract contained in Section III of this RFP is Contract proposed for execution. It may be modified to incorporate negotiated items and other pertinent terms and conditions set forth in this RFP, including special conditions and requirements and those added by addendum, necessary attachments, and to reflect Respondent’s Proposal and qualifications. Any additional exceptions to the terms and

Libraries

RFP #012-2421201-DV

Library Materials Lending Machine(s) conditions made by any Respondent after submission of its Proposal may result in elimination from further consideration.

Negotiations may or may not be conducted with the finalist(s); therefore, the Proposal submitted should contain Respondent(s) most favorable terms and conditions, since the selection and award may be made without further discussion or need for clarification. Any exceptions to the terms and conditions of the proposed Contract or the statements regarding Respondent(s) inability to comply with any of the provisions thereof are to be declared in Respondent(s) proposal: Section II entitled Proposal Response Requirements. Any additional exceptions to the terms and conditions made by any Respondent(s) after submission of its proposal may result in elimination from further consideration.

If a satisfactory Contract cannot be negotiated in a timely manner, County, in its sole discretion, may terminate negotiations with the selected Respondent and begin negotiations with next Respondent.

Exceptions to the terms and conditions of the proposed Contract or the statements regarding Respondent’s inability to comply with any of the provisions thereof are to be declared in the response to the RFP in Section II, Part 1, 8. “Statement of Compliance”.

F. DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE FORM W-9 REQUIREMENTS

Effective June 3, 2006, all Contractors, entering into a Contract with County, who are not already established in Countywide Accounting and Personnel System (CAPS) as an Auditor-Controller vendor, will be required to submit to County a federal Form W-9, or form W-8 for foreign vendors. County will inform Contractor, at the time of award, if the Form W-9 or W-8 will be required.

In order to comply with this County requirement, within ten (10) days of notification of selection of award of Contract but prior to official award of Contract, the selected Contractor agrees to furnish to Contract administrator, DPA, or the agency/department deputy purchasing agent the required W-9 or W-8.

G. COUNTY OF ORANGE LOCAL SMALL BUSINESS (OCLSB) AND DISABLED VETERAN BUSINESS

ENTERPRISE (DVBE) PREFERENCE POLICIES:

A. OCLSB: Effective January 1, 2020, County of Orange Board of Supervisors adopted the OCLSB

Preference policy. Implementation of the OCLSB Preference policy supports local businesses, the local economy and the development of the County’s tax base.

To be certified as a Local Small Business by the County of Orange, a business shall meet (1) and

(2) below:

(1) Local Business requirements:

a. maintains their principal center of operations (i.e. headquarters) within Orange County, and;

b. has:

i. a business address located in the County of Orange that is not a post office box, or

ii. a valid business license or certificate of occupancy issued by the County of Orange or by an Orange County city, or other documentation acceptable to the County of Orange.

(2) Small Business Requirements:

a. must be certified as a Small Business by the State of California Department of General Services (DGS); and,

b. DGS Small Business requirements must be valid at the time of bid/proposal submittal.

Libraries

RFP #012-2421201-DV

Library Materials Lending Machine(s)

B. DVBE: Effective January 1, 2021, County of Orange Board of Supervisors adopted the DVBE

Preference policy. The DVBE Preference policy supports local business opportunity, economy and the development of the County’s tax base, and in addition recognizes the service and sacrifice given by the men and women of our Armed Forces.

To be certified as a Disabled Veteran Business Enterprise by the County of Orange, a business shall meet (1) below:

(1) Disabled Veteran Business Enterprise Requirements:

a. must be certified as a DVBE by the State of California Department of General Services (DGS); and,

b. DGS DVBE requirements must be valid at the time of bid/proposal submittal.

To participate as an OCLSB and/or DVBE please read and follow the process outlined in

EXHIBIT I - COUNTY OF ORANGE LOCAL SMALL BUSINESS (OCLSB) AND

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) CERTIFICATION

REQUIREMENTS

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Library Materials Lending Machine(s)

SECTION II

PROPOSAL RESPONSE REQUIREMENTS

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Library Materials Lending Machine(s)

SECTION II: PROPOSAL RESPONSE REQUIREMENTS

Proposals must be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content with sufficient detail to allow for accurate evaluation and comparative analysis. Proposals are limited to twenty (20) single side pages. Response to Part 1 and Part 2 will not count against the 20-page limit. All items listed in Part 3 will count against the page limit, no exceptions. Note: Proposals that exceed the page limit noted above may be disqualified from further consideration.

Proposals must be electronically organized into three (3) sections and must be indexed in the order outlined below. List questions and your responses and/or attachments as numbered and listed within each section.

A. Responsive proposals shall include the following completed submittals:

Part 1 – Compliance Statements

1. Cover Letter/Executive Summary

2. Validity of Proposal

3. Certification of Understanding

4. Essential Requirements for Qualifications Statement

5. Certificate of Insurance

6. W-9 Requirements

7. Conflict of Interest

8. Statement of Compliance

9. Non-Collusion Affidavit

10. Litigation

11. Name/Ownership Changes

12. Levine Act Compliance

Part 2 – Company Profile & References

Part 3 – Respondent’s Proposal

B. Upon recommendation of contract award, Respondent will be required to submit the following documents within ten (10) days of County notification, unless otherwise specified in the RFP:

1. Insurance Certificate(s) of Insurance including additional Insured Endorsement(s) (see Model Contract).

2. W-9 Current signed form W-9 (Taxpayer Identification Number & Certification) which includes D-BE’s legal business name(s).

3. Signed Contract – Selected Respondent will be required to sign a contract upon award. If awarded Respondent is a corporation, signature will be provided in accordance with the corporation’s code as specified in this solicitation.

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RFP #012-2421201-DV

Library Materials Lending Machine(s)

Part 1: Compliance Statements

(Complete this section and submit as Part 1 in the first tabbed section of Proposal.)

1. Cover Letter/Executive Summary

All Proposals must be accompanied by a cover letter of introduction and executive summary of the Proposal. The cover letter must be signed by person(s) with authority to bind the Respondent. If the Respondent is a corporation, two (2) signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above-described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signatory to bind the corporation. An unsigned or improperly signed Proposal submission is grounds for rejection of the Proposal and disqualification from further participation in this RFP process. All Proposals shall include in this first tabbed section, the Cover Page of this RFP and any subsequent addenda issued to this RFP with appropriate signatures as required.

2. Validity of Proposal

The County requires that all Proposals be valid for at least three hundred sixty-five (365) calendar days.

Submissions not valid for at least three hundred sixty-five (365) days will be considered nonresponsive.

The Respondent shall state the length of time for which the submitted Proposal shall remain valid below:

Validity of Proposal (in days) (Signature required)

3. Certification of Understanding

The County assumes no responsibility for any understanding or representation made by any of its officers, employees or agents during or prior to the execution of any Contract resulting from this solicitation unless:

A. Such understanding or representations are expressly stated in the Contract; and B. The Contract expressly provides that the County therefore assumes the responsibility.

Representations made but not expressly stated and for which liability is not expressly assumed by the County in the Contract shall be deemed only for the information of the Respondent.

By signing below, Respondent certifies that such understanding has been considered in this response.

(Signature required)

4. Essential Requirements for Qualifications Statement

Respondent shall certify that it meets all minimum qualifications and requirements set forth above in this Section II by signing below.

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Library Materials Lending Machine(s)

5. Certificate of Insurance The Respondent shall certify its willingness and ability to provide the required insurance coverage and certificates as set forth in Section III, Model Contract by signing below (see Section 8.3.2 for insurance requirements).

(Signature required)

6. W-9 Requirements

The Respondent shall certify its willingness and ability to provide W-9 Requirements as indicated in Section I by signing below (will obtain at the time of award).

(Signature required)

7. Conflict of Interest

Respondent must certify either 1 or 2 by signing below:

1. Respondent certifies current/past financial, business or other relationship(s) with the County exist/existed as follows:

i. Disclose any financial, business or other relationship with the County, any other entity that the County Board of Supervisors governs, or any County Board member, officer or employee, which may have an impact, affect or influence on the outcome of the services you propose to provide. Provide a list of current clients, employees, principals or shareholders (including family members) who may have a financial interest in the outcome of services you propose to provide.

ii. Disclose any financial, business or other relationship within the last three (3) years with any firm or member of any firm who may have a financial interest in the outcome of the work.

OR

2. Respondent certifies that no relationships exist/existed as outlined in item 1 above.

8. Statement of Compliance

Respondent must verify either 1 or 2 by signing below:

A statement of compliance with all parts of this RFP or a listing of exceptions and suggested changes must be submitted in response to this RFP.

A. This response is in strict compliance with said RFP, including, but not limited to, the terms and conditions set forth in the Contract and its Attachments, and no exceptions thereto are proposed.

Libraries

RFP #012-2421201-DV

Library Materials Lending Machine(s)

B. This response is in strict compliance with said RFP, including the terms and conditions set forth in the Contract and its Attachments, except for those proposed exceptions listed in a separate attachment hereto.

(Signature required)

Attachment for each proposed exception must include:

1. The RFP page number and section of the provision Respondent is taking exception to; and

2. The complete provision Respondent is taking exception to; and

3. The Respondent’s suggested rewording; and

4. Reason(s) for submitting the proposed exception; and

5. Any impact the proposed exception may have on cost, scheduling, or other areas.

9. Non-Collusion Declaration Form (Page 20)

Each Respondent must execute the Non-Collusion Declaration contained in the RFP and submit it with the Proposal.

The County of Orange may require that the Respondent, before awarding any subcontract, secure Non-Collusion Declarations from proposed Subcontractors. The County of Orange does not conduct business with Respondents who engage in the act of Collusion. A “Yes” answer may preclude you from moving forward in the RFQ Process. Respondent must certify both questions below:

a. Has your firm ever initiated discussions with competing consulting firms about the payment structure of an existing or potential future contract with the County of Orange? Respondent must select one (1). If Respondent selects Yes answer, Respondent must provide a brief explanation below.

Yes

Reason for Collusion:

(Additional space on next page)

Reason for Collusion Continued:

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No

b. If not, has your firm participated in any discussions with competing firms in an effort to influence the payment structure for existing or potential County contracts? Respondent must select one (1)

Yes

Provide names of competing firms:

No

10. Litigation:

Respondent must certify either A or B by signing below:

A. Respondent certifies current/past litigation as follows:

Respondent shall provide detailed information regarding litigation (court and case number), liens, or claims involving Respondent, or any company that holds a controlling interest in Respondent, against County of Orange in the past seven (7) years.

Respondent shall provide detailed information regarding litigation (court and case number), liens, or claims involving any proposed subcontractors, or any company that holds a controlling interest in subcontractor firm(s), against County of Orange in the past seven (7) years.

B. Respondent certifies that Respondent or any proposed subcontractors do not have any past or current litigation.

Libraries

RFP #012-2421201-DV

Library Materials Lending Machine(s)

11. Name/Ownership Changes:

Respondent must certify either A or B by signing below:

A. Respondent certifies past company name changes and/or ownership changes, for Respondent’s firm and any proposed subcontractor firm, as follows:

Respondent shall provide detailed information regarding any company name changes

(including legal business names) in the past seven (7) years.

Respondent shall provide detailed information regarding any company ownership changes (including legal business names) in the past seven (7) years.

B. Respondent certifies that Respondent or any proposed subcontractors have not had any company name change or ownership changes in the past seven (7) years.

12. Levine Act Compliance

The Levine Act compliance is a minimum submittal requirement of this solicitation. A proposer’s failure to review Exhibit 7 “Campaign Contribution Disclosure Information” and provide a completed and signed copy of Exhibit 8 will render its proposal as incomplete and nonresponsive.

Please complete and sign Exhibit 3, the “County of Orange Campaign Contribution Disclosure Form” attached hereto.

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RFP #012-2421201-DV

Library Materials Lending Machine(s)

PART 1

NON - COLLUSION AFFIDAVIT

(To be executed by proposer and submitted with proposal)

State of California ) County of Orange )

Representative, , being first duly sworn, deposes (Name) and says that he or she is of (Title)

, the party/proposer making the foregoing proposal.

(Firm/Vendor)

Representative affirms each of the following:

1) Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation.

2) Proposal is genuine and not collusive or a sham.

3) Proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal.

4) Proposer has not directly or indirectly colluded, conspired, connived, or agreed with any other proposer or anyone else to put in a sham bid.

5) Proposer has not directly or indirectly induced or solicited anyone to refrain from submitting a proposal.

6) Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer or proposal.

7) Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix any overhead, profit, or cost element of its own proposal price, or of that of any other proposer.

8) Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to secure any advantage against the public body awarding the contract.

9) Proposer has not, directly or indirectly, submitted his or her proposal or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay, any fee to any corporation, partnership, company association, organization, bid depository or to any member or agent thereof to effectuate a collusive or sham proposal.

10) All statements contained in the proposal are true.

Libraries

RFP #012-2421201-DV

Library Materials Lending Machine(s)

NON - COLLUSION AFFIDAVIT (CONTINUED)

I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

(Signature)

Subscribed at:

(City) (County) (State) on , NOTARY TO AFFIX SEAL

AND CERTIFICATE OF ACKNOWLEDGMENT

(Signature)

(State License No.) (Classification) (Exp. Date)

(Address)

(City, State, Zip Code)

(Telephone) (Fax)

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RFP #012-2421201-DV

Library Materials Lending Machine(s)

Part 2: Company Profile & References

(Complete this form and submit as Part 2 in the second section of Proposal)

Company Legal Name:

Company Legal Status (corporation, partnership, etc.):

Active licenses issued by the California State Contractor’s License Board: _________________________

DIR Registration No: ________ __ DVBE Certification No: _______ __SBA Certification No: ________

Local Business Address:

(If more than one, use separate sheet of paper)

Telephone Number: (___) Fax Number: (___)

Email Address:

Length of time Respondent has been in business: _____ Length of time at current location:

Is your firm a sole proprietorship doing business under a different name: Yes No

If yes, please indicate sole proprietor’s name and the name you are doing business under:

Is Respondent incorporated: _____Yes ______ No If yes, State of Incorporation:

Federal Taxpayer ID Number: _______________________ *D-U-N-S® No.:

Regular business hours:

Regular holidays and hours when business is closed:

Contact person in reference to this RFP:

Email Address: _____________________________ Mobile Number: ( )

Contact person for Accounts Payable:

E Email Address: _____________________________ Mobile Number: ( )

Name of Project Manager:

Mobile Number: ( )

In the event of an emergency or declared disaster, the following information is required:

Name of contact during non-business hours:

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Library Materials Lending Machine(s)

Company Profile & References (Continued)

California Secretary of State

Except for Proposers operating as sole proprietors, Proposers must be registered with the California Secretary of State (CA SOS) at www.sos.ca.gov at the time of proposal submission. Proposers operating as sole proprietors must disclose such information and provide a copy of their business license in their Cover Letter/Executive Summary. Failure to comply shall result in being deemed non-responsive. Company Legal Name and CA SOS status must remain the same throughout the evaluation process and contract execution.

References

Submit the company names, addresses, telephone numbers, contact names, contract effective dates, contract amount, and brief contract descriptions of at least three (3) clients (preferably three different clients) for whom comparable projects with similar scope of work to this RFP have been completed or submit letters from your references which include the requested information. These references must be verifiable.

**Cannot be from the County of Orange or more than one from the same entity**

Company Name: Telephone Number:

Contact Name(s): Email:__________________________

Address: _________________________________

Contract Effective Dates: Contract Amount:

Brief Contract Description:

Company Name:

Telephone Number:

Contact Name(s): Email:___________________________

Address: _________________________________

Company Name: Telephone Number:

Contact Name(s): Email:___________________________

Address: _________________________________

Number of projects the Prime has completed in Orange County _____________________ http://www.sos.ca.gov/

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RFP #012-2421201-DV

Library Materials Lending Machine(s)

PART 3:

RESPONDENT’S PROPOSAL

(Complete this section and submit as Part 3 in the third section of Proposal)

I. Qualification and Related Experience

This section of the Proposal will establish the ability of Respondent to satisfactorily perform the required work by reasons of experience in performing services of a similar nature, demonstrated competence in the services to be provided, strength and stability of the team, staffing capability, workload, record of meeting schedules on similar projects, and supportive client reference. As part of its response to the following, Respondent should justify how the minimum qualifications/requirements of Scope of Services have been satisfied.

A. Respondent shall provide:

1. A brief profile of your firm, including the name, a brief history, description of your firm, types of services offered;

a. The year founded

b. Form of the organization (corporation, partnership, sole proprietorship)

c. Number of employees

d. Size and location of offices

e. Staff and technical capabilities and the type of services that the Respondent is qualified to perform, including any discipline where the Respondent has special expertise.

f. Describe the Respondent’s experience in performing work of a similar nature to that solicited in this RFP.

g. Describe Respondent’s availability to perform requested services on County projects.

Include experience with other governmental agencies in California.

h. Provide a general description of the Respondent’s financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, or impending merger) that may impede Respondent’s ability to complete the services.

2. Limit each example to one (1) page. Describe at least three (3) types of services examples completed in Southern California that demonstrate the Respondent’s qualifications and experience which best illustrate proposed firm’s qualifications for the services noted in Attachment A (Scope of Work). If the service includes sub-contractor(s), include projects examples that demonstrate qualifications and experience. Examples may include, but are not limited to the following:

a. Scope, size, cost, principal elements and special features of the services provided.

b. Relevance of the example project to Services.

II. Ability and Availability to Provide Library Materials Lending Machine(s)

This section of the RFP should demonstrate availability of experienced personnel/resources of the firm’s ability to provide/perform both current and anticipated Library Materials Lending Machine(s) Services to the County. Respondent shall provide a brief narrative that addresses the Scope of Work and demonstrates the Respondent’s understanding of the County’s need.

Respondent shall:

A. Describe the approach to completing each required objective specified within the Scope of Work. In addition, provide an approach structured to ensure the following:

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RFP #012-2421201-DV

Library Materials Lending Machine(s)

1. Quality performance

2. Cost control

3. Responsiveness to County staff and service location(s) requirements; and,

4. Coordination between Respondent and County staff.

5. Integration

6. Proposed methods of approaching/completing Services

7. Identification/acknowledgement of adequate staff, resource allocations, and other solutions by the Respondent to provide/accomplish Services to the County as described in Attachment A, Scope of Work of the Model Contract

8. Additional Information: Respondent shall describe additional relevant information concerning the services offered in this RFP that it considers important in evaluating its services.

III. Organization/Completeness of Proposal/Response

IV. Compliance with the County’s Model Contract

Respondents submitting exceptions to the County Model Contract in Section III of this RFP.

V. Cost Proposal Respondents are to complete and submit Attachment B, of the Model Contract (See Section III of

RFP).

Libraries

RFP #012-2421201-DV

Library Materials Lending Machine(s)

SECTION III

MODEL CONTRACT

Libraries

RFP #012-2421201-DV

Library Materials Lending Machine

SECTION III: MODEL CONTRACT

CONTRACT MA-012-XXXXXXXX

FOR

LIBRARY MATERIALS LENDING MACHINE(S)

WITH

VENDOR NAME

This Contract TBD for Library Materials Lending Machine(s), hereinafter referred to as “Contract” is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California on behalf of OC Community Resources, OC Public Libraries hereinafter referred to as “County” and TBD, with a place of business at TBD, hereinafter referred to as “Contractor”, with County and Contractor sometimes individually referred to as “Party”, or collectively referred to as “Parties”.

ATTACHMENTS

This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:

Attachment A – Scope of Work Attachment B – Payment and Compensation

Attachment C – County of Orange Information Technology Security Standards

RECITALS

WHEREAS, County solicited Contract for Library Materials Lending Machine(s) as set forth herein, and Contractor responded and represented that it is qualified to provide Library Materials Lending Machine(s) to the County as further set forth here; and

WHEREAS, Contractor agrees to provide Library Materials Lending Machine(s) to the County as further set forth in the Scope of Work, attached hereto as Attachment A; and

WHEREAS, County agrees to pay Contractor based on the schedule of fees set forth in Payment and Compensation, attached hereto as Attachment B; and

WHEREAS, the Orange County Board of Supervisors has authorized the Purchasing Agent or designee to enter into a contract for Library Materials Lending Machine(s) with Contractor; and

NOW, THEREFORE, the Parties mutually agree as follows:

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RFP #012-2421201-DV

Library Materials Lending Machine(s)

DEFINITIONS

A. “DPA” shall mean the Deputy Purchasing Agent assigned to this Contract.

B. “Department” and “Agency” shall mean any County Department or Agency requesting Services of

Contractor.

C. “May” shall mean something that is not mandatory but permissible.

D. “Service or Services” shall mean Contractor’s duties, tasks and responsibilities to fulfill the requirements of this Contract, which are more specifically identified in Scope of Services.

E. “Shall” and “Must” shall mean a mandatory requirement. Failure to meet a mandatory requirement may result in termination for cause under this Contract.

F. “Should” shall mean something that is recommended but not mandatory.

ARTICLES

I. General Terms and…