RFP_#074-2382701-SL_for_Printing_and_Mailing_Services_-_Final.docx

COUNTY OF ORANGE

TREASURER-TAX COLLECTOR

REQUEST FOR PROPOSALS (RFP)

OF

PRINTING AND MAILING SERVICES

RFP NO. 074-2382701-SL

COUNTY OF ORANGE

TREASURER-TAX COLLECTOR

P.O. BOX 4515

SANTA ANA, CA 92702-4515

PROPOSALS MUST BE RECEIVED ON OR BEFORE

JANUARY 31, 2025

BY: 2:00 PM (PDT)

RFP NUMBER

RFP 074-2382701-SL

INSTRUCTIONS:

1. SUBMIT AND UPLOAD ELECTRONIC COPY OF PROPOSAL VIA COUNTY’S ONLINE BIDDING SYSTEM.

2. RETURN THIS PAGE, SIGNED, WITH PROPOSAL.

3. ALL PROPOSALS ARE TO BE IDENTIFIED WITH

RFP#074-2382701-SL

4. FOR FURTHER INFORMATION, CONTACT DPA AT

SLEOSO@TTC.OCGOV.COM

DATE: DECEMBER 27, 2024

COVER PAGE

REQUEST FOR PROPOSALS (“RFP”)

The County of Orange, on behalf of the Treasurer-Tax Collector, (hereinafter referred to as “County”), is soliciting Proposals from qualified firms (hereinafter referred to as “Respondents”) to provide Printing and Mailing Services. Respondents must meet the minimum qualifications and requirements as set forth within the RFP and be 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:

**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 the County’s online bidding system** 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

* 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

SECTION I

INTRODUCTION

AND

INSTRUCTIONS TO RESPONDENTS

SECTION I: INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

A. INTRODUCTION

The intent of this Request for Proposals (“RFP”) is to obtain the necessary information to identify a qualified Contractor to enter into a contract with the County of Orange on behalf of the Treasurer-Tax Collector (“County” and/or “TTC”) to provide the County with Printing and Mailing Services.

The County hereby invites qualified Respondents to submit a Proposal to conduct the Printing and Mailing Services. Respondents are expected to provide all the services that fulfill or exceed the requirements and conditions set forth in this RFP.

B. BACKGROUND

The mission of the TTC is to ensure the safe and timely receipt, deposit, collection, investment, and disbursement of public funds. Our vision is to implement best business practices that maximize value, minimize costs, and provide timely, accurate, and courteous service to both internal and external customers.

To achieve our mission and vision, we will:

· Invest public funds to provide maximum security of principal and maintain public trust.

· Maintain sufficient liquidity to meet operating cash requirements.

· Obtain a stable market rate of return throughout budgetary and economic cycles.

· Provide timely, cost-effective, accurate, and courteous customer service.

· Invest resources to develop and maintain knowledgeable and competent staff.

· Act in an ethical and professional manner while maintaining honest, respectful, and open communications.

· Streamline cashiering and collection processes to enhance the timely collection of public revenues for the benefit of Orange County citizens.

The TTC operates with an annual budget of $14.5 million and has approximately 70 employees.

C. INSTRUCTIONS TO RESPONDENTS AND PROCEDURES FOR SUBMITTAL

1. Proposals are to be uploaded via the County's Online Bidding System.

Note: This is a fully electronic Request for Proposals (RFP). Respondents must submit their Proposals online via the County’s online bidding system. Only electronic Proposals will be accepted. Facsimile and e-mail Proposals will NOT be allowed. For assistance on uploading Proposals via the County’s online bidding system, please contact procurement-support@opengov.com or https://help.procurement.opengov.com/en/.

2. Examine the Contract Documents 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. Proposals must be valid for a period of at least one three hundred eighty (180) calendar days from the closing date and time of receipt. No Proposal may be withdrawn after the submission date.

4. 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.

5. Proposals are not to be marked as confidential or proprietary. The County may refuse to consider any Proposal so marked. All Proposals and supporting documents will be subject to the provisions of the California Public Records Act (California Code Government Code 6250 et seq.) (PRA) and will be disclosed or withheld in accordance therewith. 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.

Respondents should not request that certain information be treated as exempt, and statements in the Proposals should not be marked as confidential or proprietary. In the event that any information is marked as confidential or proprietary, as it may be absolutely necessary, Respondents have the sole responsibility of obtaining any applicable injunctive reliefs to prevent the disclosure of such confidential proprietary information in connection with any request made to the County pursuant to PRA or a subpoena for disclosure of such information.

7. Each Respondent shall exercise reasonable care and diligence to avoid submitting a Proposal that could result in a conflict of interest if Respondent were to be selected. This obligation shall apply to the Respondent, the Respondent’s employees, agents, and relatives, sub-contractors, and third parties associated with accomplishing work and services in Proposal. In the event Respondent has done work for the County on this Project in the past or has reason to believe that a conflict of interest may exist for Respondent in regard to this Project, Respondent should consult with its legal counsel prior to responding to this RFP. Any Respondent who is found to have an actual conflict of interest may have its Proposal rejected.

Respondent, its employees and/or consultants may be subject to the provisions of the California Political Reform Act of 1974 (the “Act”), which (1) requires such persons to disclose any financial interest that may be materially affected by services provided under this Contract, (2) prohibits such persons from making, or participating in making, decisions that could reasonably affect such interest; and (3) may require the filing of a Statement of Economic Interest (Form 700).

If subject to the Act, Respondent shall conform to all requirements of the Act. Failure to do so shall constitute a material breach and is grounds for immediate termination of the Contract by the County. Respondent shall indemnify and hold harmless the County for any and all claims for damages resulting from Respondent’s violation of this Section.

8. 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.

9. 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, 7. “Statement of Compliance.”

Note: Allow sufficient time to upload all required files. The County’s online bidding system will not allow any uploads after the due date and time specified herein, e.g., if Part 1 and 2 uploaded successfully at 1:58:38 P.M. and Part 3 is in progress of being uploaded at 2:00:01 P.M., Part 3 will not upload successfully.

10. 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.

11. County shall not be liable for any expenses incurred by Respondent in the preparation or submission of their Proposal. 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.

12. 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.

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

14. The County requires a valid D-U-N-S number prior to Contract Award. If needed, your company may obtain one at no cost at www.dnb.com. If you are unable to provide/obtain a D-U-N-S number, please indicate so in your Proposal/bid submission response.

15. If applicable, the County requires a valid UEI number prior to Contract Award. If needed, your company may obtain one at no cost at www.usfcr.com. If you are unable to provide/obtain a UEI number, please indicate so in your Proposal submission response.

16. 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; d) reject any Proposal if it is conditional, incomplete or deviates significantly from the services requested in this RFP; and/or e) request Best and Final Offer from any Respondent determined to be within the competitive range. Unless requested by the County, late Best and Final Offers will not be accepted by the County for any reason. In addition, negotiations may or may not be conducted with Respondents. Therefore, Proposals submitted shall contain the Respondent’s most favorable terms and conditions, since the selection and award may be made without discussion with any Respondent.

D. PROTEST PROCEDURES:

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.

6. 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.

7. 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 intent to 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.

8. Protest Process

a. In the event of a timely protest, the County shall not proceed with the solicitation or award of the contract until the DPA renders a decision on the protest.

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

c. 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.

d. If the protestor disagrees with the decision of the DPA 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.

9. Appeal Process

a. If the protestor wishes to appeal the decision of the DPA, the protestor must submit, within three (3) business days from receipt of the DPA’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 400 W. Civic Center Drive Santa Ana, CA 92701 Attn: County Procurement Officer CPOAppeals@ocgov.com

b. 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.

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

E. EVALUATION PROCESS AND CRITERIA

Proposals deemed to meet all minimum RFP requirements will be scored based on the established criteria, and will be assigned points that measure the responsiveness to each 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 of subject matter experts 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, Contractors and sub-contractors. 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.

*These minimum qualifications must be verified for the Proposal to be deemed responsive. Any Proposal may be construed as non-responsive and ineligible for consideration if it does not comply with the requirements of the RFP.

Minimum Qualifications/Requirements: Respondent’s Proposal shall meet the following minimum requirements and qualifications to proceed to the evaluation and scoring process. Failure to answer or provide any of the items requested below may result in disqualification of your response.

· Must have at least five years of experience in providing print and mail services.

· Ability to handle the required volume of documents, including printing, sorting, assembling and mailing.

· Compliance with data protection laws and secure handling of sensitive information.

· Use of Intelligent Mail Barcodes (IMB) and other technologies to optimize mailing processes.

1. Written Proposal Scoring Format: 800 points maximum:

*Note: Respondents submitting exceptions to the County Model Contract listed in Section III of this RFP, may receive a score of “0” for this criterion. Any additional exceptions to the terms and conditions made by any Respondent after submission of its Proposal may result in elimination from further consideration.

2. Interview/Presentation Scoring Format: 200 points 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 within fifteen (15) 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.

NOTE: If interview/presentations are not conducted, the Written Proposal shall account for 1,000 total points of the scoring.

F. SELECTION/AWARD PROCESS

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

The Model Contract contained in Section III of this RFP is the 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 conditions made by any Respondent after submission of its Proposal may result in its 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 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 the 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”.

G. 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 the Countywide Accounting and Personnel System (CAPS) as an Auditor-Controller vendor, will be required to submit to the 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.

H. COUNTY OF ORANGE LOCAL SMALL BUSINESS (OCLSB) AND DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PREFERENCE POLICIES:

1. OCLSB: Effective January 1, 2020, the Orange County 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.

2. 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) and (2) below:

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

(2) 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 1 - COUNTY OF ORANGE LOCAL SMALL BUSINESS (OCLSB) AND DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) CERTIFICATION REQUIREMENTS.

SECTION II

PROPOSAL RESPONSE REQUIREMENTS

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 45 single sided pages. Response to Part 1 and Part 2 will not count against the 45-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. Requirements for Qualifications Statement

5. Certificate of Insurance

6. W-9 Requirements

7. Conflict of Interest

8. Statement of Compliance

9. Non-Collusion Form

10. Litigation

11. Name/Ownership Changes

12. The Levine Act: County of Orange Campaign Contribution Disclosure Form

Part 2 – Company Profile & References

Part 3 – Respondent’s Proposal

Exhibit 1 – County of Orange Local Small Business (OCLSB) and Disabled Veteran Business Enterprise (DVBE) Certification requirements

Exhibit 2 – Non-Collusion Affidavit

Exhibit 3 – The Levine Act: County of Orange Campaign Contribution Disclosure Form

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) including additional Insured Endorsement(s) (see Model Contract).

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

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

PART 1: COMPLIANCE STATEMENTS

(Complete and submit as Part 1 of Proposal)

1. 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:

2. 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)

3. Minimum Qualifications/Requirements Statement Respondent shall certify that it meets all minimum qualifications and requirements set forth above in this Section II by signing below.

(Signature required)

4. 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 Article O for insurance requirements).

(Signature required)

5. 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)

6. Conflict of Interest Respondent must certify either 1 or 2 by signing below:

A. 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.

(Signature required)

OR

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

(Signature required)

7. 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.

(Signature required)

OR

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:

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

ii. The complete provision Respondent is taking exception to;

iii. The Respondent’s suggested rewording;

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

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

8. Non-Collusion Declaration Form 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 RFP 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:

· 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

9. Litigation Respondent must certify either A or B by signing below:

0. 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.

(Signature required)

OR

0. Respondent certifies that Respondent or any proposed subcontractors do not have any past or current litigation described in Option A above.

(Signature required)

10. 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.

(Signature required)

OR

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.

(Signature required)

11. The Levine Act: County of Orange Campaign Contribution Disclosure The Levine Act compliance is a minimum submittal requirement of this solicitation. A proposer’s failure to provide a completed and signed copy of Exhibit 3 will render its Proposal as incomplete and nonresponsive.

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

PART 2: COMPANY PROFILE & REFERENCES

(Complete and submit as Part 2 of Proposal)

COMPANY PROFILE

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:

Contact person for Accounts Payable:

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:

PART 2: COMPANY PROFILE & REFERENCES (CONTINUED)

(Complete and submit as Part 2 of Proposal)

REFERENCES

Provide contact information for a minimum three (3) references from public sector entities and clients that are comparable to the County of Orange for which these types of services have been performed within the past five (5) years.

**Cannot be from any of the 22 County Departments of the County of Orange or more than one from the same entity**

Address: _________________________________ Contract Effective Dates: Contract Amount:

Brief Contract Description:

Address: _________________________________ Contract Effective Dates: Contract Amount:

Brief Contract Description:

Address: _________________________________ Contract Effective Dates: Contract Amount:

Brief Contract Description:

PART 3: RESPONDENT’S PROPOSAL

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

I. FIRM’S BACKGROUND, QUALIFICATIONS & EXPERIENCE

A. Background and Qualification

1. Include an overview of firm and brief description of the firm’s history including:

i. Length of time in business;

ii. Services provided relevant to the RFP;

iii. Describe the Respondent’s experience in performing work to that solicited in this RFP; and

iv. List certifications and/or affiliations that may be relevant to this RFP.

2. Provide the following information:

i. Name and title of person(s) authorized to bind the Respondent;

ii. Main office address; and

iii. Telephone number

3. List any previous or current contracts with the County of Orange within the last five (5) years. Include:

i. Department name, address and contact person;

ii. Contract Number; and

iii. Contract Amount B. Experience

1. Descriptions of at least three (3) recent similar projects that the firm has completed (public sector experience preferred).

i. Include project name, date, and location,

ii. Include client name and describe the scope of work,

iii. Describe any obstacles encountered and project outcome, and

iv. Describe, including experience with successfully coordinating and maintaining project schedules while staying on budget.

2. Describe additional relevant information concerning the services offered in this RFP that it considers important in evaluating its services.

II. KEY PERSONNEL/PROPOSED STAFFING

A. Assigned management personnel must have a minimum of five (5) years of expertise and experience with emphasis on the public sector with depth and breadth of services available.

B. Describe the Respondent’s team that is being proposed for the project. In particular, please describe how the proposed team will be organized to provide the requested scope of services. Provide a brief background of each team member’s experience and the roles and responsibilities they will play in the project.

C. Team organization including an identification of the lead Contractor, project manager, and key personnel who will be working on the project. An organizational chart and description of the project team may be included. Key members of the project team should be included in the organizational chart.

D. A statement of qualifications for all team members including resumes and educational background. One-page resumes of all key personnel should be provided (one page per person). The office locations of each team member should be specified on the resumes. The submittal should, as a part of the information provided for subcontractors, include the names, locations, and general roles of the project team members.

III. QUALITY/EFFECTIVENESS OF WORK PLAN/PROJECT APPROACH

A. Provide an outline, detailed description of the process, and a comprehensive timeline for accomplishing the services outlined in Attachment A of the Model Contract, Scope of Work.

B. The Respondent should document a clear understanding of the scope of work.

C. The Respondent should describe the current challenges and opportunities specific and how your company is best suited to assist the County in facing those challenges and opportunities.

D. An explanation of how the Respondent will adhere to the scope of work narrative including an explanation of the following:

E. An indication of your understanding of the project. Other factors that may be relevant to the requested services.

IV. COST PROPOSAL

Respondents must complete and submit Attachment B of the Model Contract (See Section III of the RFP). They must ensure that all quoted prices are the lowest offered to any comparable customer and extend the benefit of any lower prices to TTC for comparable customers.

V. ORGANIZATION/COMPLETENESS OF RESPONSE

A. Proposal demonstrates understanding of project and objectives as it relates to the scope of work.

B. Proposal demonstrates requirements are addressed and adhered to.

C. Proposal is complete, comprehensive, and well-organized.

VI. COMPLIANCE OF THE COUNTY MODEL CONTRACT

Respondents submitting exceptions to the County Model Contract listed in Section III of this RFP will receive a score of “0” for that criterion.

SECTION III

MODEL CONTRACT

SECTION III: MODEL CONTRACT

CONTRACT TBD

FOR

PRINTING AND MAILING SERVICES

WITH

TBD

This Contract TBD for the Printing and Mailing Services, 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 Treasurer-Tax Collector, hereinafter referred to as “County” and 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 – Pricing and Compensation

RECITALS

WHEREAS, County solicited, via a Request for Proposal (“RFP”), for Printing and Mailing Services as set forth herein; and

WHEREAS, Contractor responded and represented that it is qualified to provide Printing and Mailing Services 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 Pricing and Compensation, attached hereto as Attachment B; and

NOW, THEREFORE, the Parties mutually agree as follows:

ARTICLES

General Terms and Conditions:

A. Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county.

B. Entire Contract: This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County employee or agent, including but not limited to installers of software, shall not be valid or binding on County unless accepted in writing by County’s Purchasing Agent or designee.

C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing.

D. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment. The Auditor-Controller will then pay use tax directly to the State of California in lieu of payment of sales tax to Contractor.

E. Delivery: Time of delivery of commodities and services is of the essence in this Contract. County reserves the right to refuse any commodities and services and to cancel all or any part of the commodities not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed scope of work. Acceptance of any part of the order for commodities shall not bind County to accept future shipments nor deprive it of the right to return commodities already accepted at Contractor’s expense. Over shipments and under shipments of commodities shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all commodities or services have actually been received and accepted in writing by County.

F. Acceptance Payment: Unless otherwise agreed to in writing by County, 1) acceptance shall not be deemed complete unless in writing and until all the commodities/services have actually been received, inspected, and tested to the satisfaction of County, and 2) invoices are to be submitted in advance, once a year for the fixed cost by line of coverage (property, casualty or miscellaneous, as applicable) to the user agency/department to the ship-to address, unless otherwise directed in this Contract.

G. Warranty: Contractor expressly warrants that the commodities covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor’s part to indemnify, defend and hold County and its indemnities as identified in paragraph “Z” below, and as more fully described in paragraph “Z,” harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by County by reason of the failure of the commodities/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.

H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in paragraph “Z” below, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.

I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of County. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract.

J. Non-Discrimination: In the performance of this Contract, Contractor agrees that it will comply with the…