RFP 23_352 Final.pdf

RFP #23-352 Deferred Prosecution Program for the District Attorney’s Office Page 2 of 80

TABLE OF CONTENTS

1. INFORMATION AND INSTRUCTIONS TO PROPONENTS

2. SUBMITTAL CHECKLIST

3. INTRODUCTION

4. SCOPE OF SERVICES

5. MINIMUM REQUIREMENTS

6. EVALUATION PROCESS

7. PROPOSAL PREPARATION AND GUIDELINES

8. STANDARD COUNTY CONTRACT

9. APPENDICES

Appendix A – Contract Compliance Requirements Appendix B – Bonding and Insurance Requirements Appendix C – Required Form Submittals

Appendix D – Contract Compliance Requirements (LVP) Appendix E – Required Content of Proposal

10. ATTACHMENTS

Attachment A – Scope of Services Attachment B – Cost Proposal Form Attachment C – Draft County Contract

11. EXHIBIT

Exhibitt A – Community Service Requirements

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RFP #23-352 DEFERRED PROSECUTION PROGRAM

FOR THE DISTRICT ATTORNEY’S OFFICE

INFORMATION AND INSTRUCTIONS TO PROPONENTS

1. Services Required: This Request for Proposals (“RFP”) from qualified Proponents (“Proponent” or “Proponents”) is for Deferred Prosecution Program for the District Attorney’s Office for Clayton County (“County”), Georgia. A detailed Scope of Services (“SOS”) is set forth in this RFP.

2. Solicitation Method: This solicitation is being conducted in accordance with all applicable provisions of the Clayton County Code of Ordinances including Code Sec. 2-114 - Competitive sealed proposal process. By submitting a proposal in reference to this solicitation, a Proponent acknowledges that it is familiar with all laws applicable to this solicitation, including, but not limited to, the County’s Code of Ordinances, which laws are incorporated into this RFP by reference.

3. Minimum Qualifications: Each Proponent and its team members shall have the minimum experience set forth in this RFP.

4. Certificate of Authority to Transact Business in Georgia: Each Proponent shall submit documentation that demonstrates it is duly authorized to conduct business in the State of Georgia with its proposal. If the Proponent is not a Georgia corporation, Proponent is requested to submit a Certificate of Authority to Transact Business in the State of Georgia.

This requirement also applies to Joint Venture (JV) Team Members, Subconsultants, and Subcontractors.

5. Business License: Proponent is requested to submit a copy of its current, valid business license with its Proposal. If the Proponent is a Georgia corporation, Proponent is requested to submit a valid county or city business license. If Proponent is a joint venture, Proponent is requested to submit valid business licenses for each member of the joint venture. If the Proponent is a not a Georgia corporation, Proponent is requested to submit a copy of its current, valid business license issued by its home jurisdiction.

6. Professional License: Proponent must attach a copy any professional license required by this RFP with its response.

7. No Offer by County and Firm Offer by Proponent: This solicitation does not constitute an offer by County to enter into a contract and shall not be construed by any Proponent to form a contract. This solicitation is only an invitation for offers from interested Proponents and no offer shall bind the County. A Proponent’s offer is considered a firm offer and may not be withdrawn except as provided in this RFP, in the County’s Code of Ordinances and other applicable law.

8. Proposal Duration: Proposals submitted in response to this RFP must be valid for a period of One Hundred and Twenty (120) calendar days from the Proposal Submission Deadline and must be marked as such.

9. Proposal Submission Deadline: Responses to this RFP will be accepted online at https://www.bidnetdirect.com/georgia/claytoncounty on Thursday, January 25, 2024 by 3:00 P.M., Eastern Standard Time (EST).

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10. Non-Mandatory Pre-Proposal Conference: Non-Mandatory Pre-Proposal Conference has been scheduled for January 4, 2024 at 10:00 A.M., EST. and will be hosted virtually by our staff and responsible person(s). Please register by sending an email to centralservicesbids@claytoncountyga.gov. Attendance at the Pre-Proposal Conference is voluntary for Proponents responding to this RFP; however, Proponents are encouraged to attend. During the Pre-Proposal Conference, the general requirements of the project will be discussed. Any questions during the Pre-Proposal Conference will not be authoritative.

Each Proponent must be fully informed regarding all existing and expected conditions and matters, which might affect the cost or performance of the Services. It should be emphasized, however, that nothing stating or discussed during the court of this Pre-Proposal conference shall be considered to modify, alter, or change the requirement of the solicitation documents, unless it shall be subsequently incorporated into an addendum to the solicitation documents

11. Solicitation Questions/Prohibited Contacts: Any questions and communications regarding this RFP shall be submitted in writing by logging into https://www.bidnetdirect.com/georgia/claytoncounty on or before Thursday, January 11, 2024 by 3:00 P.M., EST. Questions received after the designated period may not be considered. Any response made by the County will be posted online at https://www.bidnetdirect.com/georgia/claytoncounty by addendum. No Proponent may rely on any verbal response to any question submitted concerning this RFP.

12. All Proponents, and/or representatives of Proponents, seeking an award of a Clayton County contract may not initiate or continue any verbal or written communications regarding a solicitation with any County officer, elected official, employee or other County representative other than the Department of Central Services employee named in the solicitation, between the date of the issuance of the solicitation and the date of the final contract award by the Board of Commissioners, unless specified otherwise herein.

Attempting to influence the outcome of any given contract prior to a recommendation of award to the Board of Commissioners is strictly prohibited. The Chief Procurement Officer will review alleged violations of this prohibition. If the Chief Procurement Officer determines that such a communication has compromised the competitive process, the proposal submitted by that Proponent may be disqualified from consideration for award, and that Proponent may, among other things, be placed on the ineligible source list. Violations of this prohibition may also be subject to prosecution under federal, state, or local laws. Clayton County employees, officials, and their family members are prohibited from seeking, requesting, or receiving any material payment, gift, job offer, security, promise of future benefit, or any other tangible or intangible thing of value when such receipt has the potential to influence a procurement decision or to gain unfair advantage in a procurement competition, and as outlined in the County's Ethics Code found in Article 2, Section 70-61, et seq. and all other applicable policies.

13. Ownership of Proposals: Each Proposal submitted to the County shall become the property of the County, without compensation to a Proponent, for the County’s use, in its discretion. The County shall not be liable for any proposal preparation costs incurred by Proponents.

mailto:centralservicesbids@claytoncountyga.gov

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14. Georgia Open Records Act: Information provided to the County is subject to disclosure under the Georgia Open Records Act, O.C.G.A. § 50-18-70 et. seq. Pursuant to O.C.G.A. § 50-18-72(a) (34), “[a]n entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 [O.C.G.A. § 10-1-760 et seq.]” and any such documents shall be labeled as confidential by Proponent. All such information shall be clearly labeled as a trade secret or confidential and include the relevant cite to the Open Records Act.

15. Bonding and Insurance Requirements: The Bonding and Insurance requirements for any Contract that may be awarded pursuant to this RFP are set forth in Appendix B, Bonding and Insurance Requirements. Proponent must provide a copy of a current certificate of insurance evidencing any policies issued for Proponent as required in Appendix B. For purposes of this section, “Proponent” shall mean an individual, corporation, or other corporate entity submitting a proposal in connection with this solicitation, including each Joint Venture partner if Proponent is a Joint Venture.

16. Applicable County Small Local Business Programs: The SLBE Programs applicable to this solicitation are set forth in Appendix A, Contract Compliance Requirements, included in this RFP. By submitting a Proposal in response to this solicitation, each Proponent agrees to comply with such applicable SLBE Programs.

17. Applicable Local Vendor Preference Program: The Local Vendor Preference Program if applicable to this solicitation are set forth in Appendix D. The terms for this Program will only be set forth in the contract if the Proponent is submitting a proposal stating that it is a local vendor.

18. Evaluation of Financial Information: The County’s evaluation of financial information concerning a Proponent and its consideration of such information in determining whether a Proponent is responsive and responsible may involve a review of several items of information required to be included in a Proposal. The County will review the Financial Information disclosed by Proponent and attached to this RFP. Further, if this RFP requires the successful Proponent to post some type of performance guarantee (e.g. letter of credit, guaranty agreement, etc.), a Proponent must submit with its Proposal a notarized letter from an appropriate financial institution indicating that it is willing to issue such performance guarantee for the Proponent if a Contract is awarded.

19. Sub-consultants and Manufacturers: Proponents are required to submit, in writing, the addresses of any proposed Subcontractors or equipment manufacturers listed in the Proposal and may be required to submit other material information relative to proposed Subcontractors. County reserves the right to disapprove any proposed Subcontractors whose technical or financial ability, or resources, or experience are deemed inadequate.

20. Examination of Proposal Documents:

20.1 Each Proponent is responsible for examining with appropriate care the complete RFP and all Addenda and for informing itself with respect to all conditions, which might in any way affect the cost or the performance of any Services. Failure to do so will be at the sole risk of the Proponent, who is deemed to have included all costs for performance of the Services in its Proposal.

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20.2 Each Proponent shall promptly notify County in writing should the Proponent find discrepancies, errors, ambiguities or omissions in the Proposal Documents, or should their intent or meaning appear unclear or ambiguous, or should any other question arise relative to the RFP. Replies to such notices may be made in the form of an addendum to the RFP, which will be issued simultaneously to all potential Proponents.

20.3 County may in accordance with applicable law, by Addendum, modify any provision or part of the RFP at any time prior to the Proposal due date and time.

20.4 Each Proponent must confirm Addenda have been received and acknowledge receipt by executing the Acknowledgment of Addenda form provided with each Addendum.

20.5 Solicitation cancellation or rejection of Proposals. The County may waive any technicalities and formalities in the proposals received. Additionally, this RFP may be canceled at any time, any or all proposals may be rejected in whole or in part, or the award may be deferred, where it is determined to be in the best interest of the County.

21. Oral Presentations/Interviews: Responsive Proponents may be required to make an oral presentation of their proposed solution to the County’s Evaluation Committee.

Representatives of the Key Personnel as identified in the Proponent’s proposal, and those with decision making ability and authority speak on behalf of and to bind the Proponent, must be active participants in the oral presentation. If required, oral presentations will be held the week of February 19 - 26, 2024. The County will notify responsive proponents of the date, time, and location for the presentation, and will supply an agenda or topics for discussion.

22. Award and Execution of Contract: If the County awards a Contract pursuant to this solicitation, such award shall be made to the responsive and responsible proposer whose proposal is determined to be the most advantageous to the County based upon the evaluation factors set forth in this RFP. The County will prepare and forward to the Proponent a Contract for execution substantially in the form of the Draft Contract included in this RFP.

Changes may be made to reflect the specified portions of the Proponent’s proposal, negotiated changes to the Scope of Services, and Cost Proposal Forms. All Proponents should thoroughly review the document prior to submitting a proposal. Any proposed revisions to the terms or language of this document must be submitted in writing with the Proponent’s response to the RFP. Since proposed revisions may result in a proposal being rejected if the revisions are unacceptable to the County, Proponent should review any proposed revisions with an Authorized Representative having authority to execute the Contract. Upon approval of the contract by the Clayton County Board of Commissioners, the County will provide the Proponent with three (3) unsigned Contracts. The Proponent shall execute and return three (3) Contracts, with required insurance certificates and other documents as listed in this RFP or required by the County, within no more than ten (10) calendar days from receipt of the Contracts.

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23. Illegal Immigration Reform and Enforcement Act: This RFP is subject to the Illegal Immigration Reform and Enforcement Act of 2011 (Act), formerly known as the Georgia Security and Immigration Compliance Act. Pursuant to Act, the Proponent must provide with its proposal proof of its registration with and continuing and future participation in the E-Verify Program established by the United States Department of Homeland Security. Completed Contractor Affidavit, Illegal Immigration Reform and Enforcement Act Forms attached herein as Form F6.6 and F6.7, Appendix C, Required Form Submittals must be submitted with the Proposal at the time of submission. Under State Law, the County cannot consider any Proposal, which does not include the completed form F6.6. Where the business structure of a Proponent is such that Proponent is required to obtain an Employer Identification Number (EIN) from the Internal Revenue Service, Proponent must complete the Contractor Affidavit on behalf of, and provide a Federal Work Authorization User ID Number issued to, the Proponent itself. Where the business structure of a Proponent does not require it to obtain an EIN, each entity comprising the Proponent must submit a separate Contractor Affidavit.

It is not the intent of this notice to provide detailed information or legal advice concerning the Act. All Proponents intending to do business with the County are responsible for independently apprising themselves of and complying with the requirements of the Act and assessing its effect on County solicitations and their participation in those solicitations. For additional information on the E-Verify program or to enroll in the program, go to: https://e-verify.uscis.gov/enroll. Additional information on completing and submitting the Contractor Affidavit can be found preceding this form in this RFP.

24. Multiple Awards: The County reserves, in its sole discretion, the right to make one (1) award, no award, or award contracts to multiple Proponents.

25. Joint Ventures: Each party to a Joint Venture will be required to fully complete and submit the Required Submittal Forms unless otherwise indicated in this RFP.

26. Conflict of Interest: Proponents are advised to read and familiarize themselves with the conflict of interest provisions of this RFP. The County reserves the right to issue RFPs for projects that are independent of RFP #23-352 Deferred Prosecution Program for the District Attorney’s Office for Clayton County, Georgia. Except as stated in this RFP these Instructions, and the Notice to Proponents concerning Conflicts of Interests, successful Proponents under this RFP are not precluded from responding to such solicitations.

27. Tax Exemption Status: The County is exempt from Federal Excise Tax and Georgia Sales Tax with regard to goods and services purchased directly by Clayton County. Exemption certificates are furnished upon request.

28. Codes, Permits, Fees, Licenses and Laws: All permits, fees, arrangements for inspections, licenses, and costs incurred for the same shall be the sole responsibility of the successful Proponent. All materials, labor and construction must comply with all applicable rules and regulations of local, state and/or national codes, laws and ordinances of all authorities having jurisdiction over the project, which shall apply to the contract throughout and will be deemed to be included in the contract the same as though herein written out in full.

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29. Negotiations; Best and Final Offers: The County reserves the right to negotiate specifications, terms and conditions, which may be necessary or appropriate for the accomplishment of the intent of this RFP. The County may require the submission of Best and Final Offers. The County may require that this RFP and Proponent’s response be incorporated in full or in part as Contract Documents. The RFP and all responses, supplemental information, and other submissions provided by Proponent during discussions or negotiations may be held by the County as contractually binding upon Proponent. The County may seek clarification from a Proponent at any time during the procurement process, and failure of a Proponent to respond by the date set forth in the communication may be cause for rejection of Proponent’s proposal.

30. TITLE VI SOLICITATION NOTICE - Clayton County, GA, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations (28 CFR Part 42), hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded a full and fair opportunity to submit bids in response to this invitation and will not be, on the grounds of race, color, or national origin, excluded from participation in, denied the benefits of, or subject to discrimination in consideration for an award for any program or activity that receives Federal funds or other

Federal financial assistance.

31. COOPERATIVE PROCUREMENT - The County may permit other governmental entities to purchase the same commodity, equipment, or service from suppliers at the same price and under the same terms and conditions as extended to the County in a competitively procured contract. Other governmental entities may utilize the County's competitively procured contracts as “piggyback” purchases if such contract stipulates allowance for such governmental entities to purchase the same commodity, equipment, or service from the supplier at the same price and under the same terms and conditions as extended to the County or if the governmental entity obtains written permission from the director and awarded supplier.

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SUBMITTAL CHECKLIST

1. Please use the following checklist to verify that all required information is included in your proposal.

2. It is the sole responsibility of each proponent to ensure that their proposal is inclusive of all Submittals outlined below or elsewhere in this RFP.

3. Failure to submit any of the items below may cause rejection of the Proposal.

4. Proponents are required to submit responses to solicitations electronically online at:

https://www.bidnetdirect.com/georgia/claytoncounty. The County will not consider any proposal that does not include completed Illegal Immigration Reform and Enforcement Act Affidavit Form(s).

5. The Financials must be submitted and uploaded as a separate attachment. Do not upload the Financials with the

Technical Proposal.

REQUIRED DOCUMENTATION INITIAL IF INCLUDED

1. PROPOSAL SOLICITATION FORM ____________

2. SUBMITTAL CHECKLIST (THIS FORM) ____________

3. ADDENDA (IF APPLICABLE) ____________

4. ENTIRE PROPOSAL ____________

5. COST PROPOSAL (ATTACHMENT B) ____________

6. REQUIRED FORM SUBMITTALS (APPENDIX C)

F6.1 W-9 FORM ____________

F6.2 NON-CONFLICT OF INTEREST ____________

F6.3 NON-COLLUSION AFFIDAVIT ____________

F6.4 BUSINESS ENTITY CERTIFICATE ____________

F6.5 CERTIFICATE OF AUTHORITY – JOINT VENTURE ____________

F6.6 ILLEGAL IMMIGRATION REFORM AND

ENFORCEMENT ACT - CONTRACTOR AFFIDAVIT ____________

F6.7 ILLEGAL IMMIGRATION REFORM AND

ENFORCEMENT ACT - SUBCONTRACTOR AFFIDAVIT ____________

F6.8 SUBCONTRACTOR INFORMATION FORM ____________

F6.9 ACKNOWLEDGEMENT OF PROPONENT ____________

F6.10 REFERENCE AND RELEASE FORM ____________

F6.11 ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS ____________

F6.12 EXCEPTIONS FORM ____________

F6.13 CERTIFICATION OF ABSENCE OF CONFLICT OF INTEREST FOR

DEVELOPMENT OF SPECIFICATIONS OF SCOPE OF WORK ____________

F6.14 DEBARMENT FORM ___________

7. BUSINESS LICENSE ____________

8. PROFESSIONAL LICENSE (IF APPLICABLE) ____________

9. SLBE FORMS ____________

Printed Name Title Date

Signature Firm Name

Email Address Phone Number https://www.bidnetdirect.com/georgia/claytoncounty

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1. INTRODUCTION

The County is soliciting proposals from interested, and qualified firms that are experienced in providing Deferred Prosecution Program for the District Attorney’s Office for Clayton County, Georgia.

1.1 BACKGROUND

The Deferred Prosecution Program will award to a qualified firm(s) who will monitor compliance with the conditions imposed by a deferred prosecution order, which allows an offender diagnosed with addiction, mental health or behavior problems, who fully accepts the need to undergo treatment, and to complete a positive treatment program(s). The successful proponent should offer adult offenders whose lives have become unmanageable as a result of their substance use, treatment which focuses on helping the individual accept his/her addiction, support the individual in establishing a recovery lifestyle, address and contribute to their addiction and regain some of the control and manageability. Other programs shall address offenders who have issues related to theft, mental health and/or educational and vocational needs.

1.2 PROGRAM MISSION

1.2.1 Options for this diversion program for the individuals are a result of:

1.2.1.1 Treatment as a condition of bail;

1.2.1.2 Deferred prosecution;

1.2.1.3 Deferred sentencing;

1.2.1.4 The individual’s record does not reflect a conviction; and

1.2.1.5 Pleading guilty with treatment as a condition of probation.

1.2.2 With the broader concept of diversion, there is often much more willingness by prosecutors and the courts because they retain jurisdiction and help insure that the treatment expected is actually received in order to:

1.2.2.1 Protect the public interest and safety of the community;

1.2.2.2 Provide services to the courts in the enforcement of their orders;

1.2.2.3 Provide services that meet the needs of offenders placed on community supervision to assist them in becoming law-abiding citizens;

1.2.2.4 Provide programs and activities designed to reduce the impact of crime;

1.2.2.5 Provide alternate sanctions and options to the court for sentencing and supervision;

1.2.2.6 Provide programs designed to take appropriate measures to diminish the likelihood of further criminal behavior; and

1.2.2.7 Provide restitution to victims of said offenders and to the county for court appointed attorney and for translator fees.

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1.3 INTENT TO AWARD

The County intends to award to a responsive and responsible Proponent whose proposal is determined to be the most advantageous to the County based upon the evaluation factors set forth in the RFP. The County reserves the right to make one (1) award, multiple awards or no award for RFP #23-352 Deferred Prosecution Program for the District Attorney’s Office.

1.3.1 Responsiveness check- Each proposal shall be evaluated to determine whether it is responsive to the specifications and other terms and conditions contained in the RFP.

1.4 TERM OF CONTRACT

1.2.1 The Contract shall commence within ten (10) calendar days after receipt of written

Notice to Proceed.

1.2.2 The initial term of this Annual Contract and any renewal terms are collectively referred to as the “Term”. The initial term of this Contract shall be for one (1) year and may be automatically renewed for four (4) successive one (1) year terms upon the same terms and conditions. The services to be performed under this Contract shall commence on the effective date of the Contract and terminate absolutely and without further obligation on the part of the County on December 31st of the year in which it was executed and on December 31st of each succeeding and renewed year, as required by O.C.G.A. § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of this Contract. If needed, the Annual Contract will be extended ninety (90) days or for such period beyond the Contract expiration date as it may be necessary to afford the County a continuous supply of the item(s) and/or services.

1.5 CONFLICT OF INTEREST NOTICE TO PROPONENTS

1.5.1 All firms, Subcontractors and their employees are notified and advised to avoid potential conflicts of interests. Full and prompt disclosure of involvement in any project or services to other clients that may be in conflict with the County’s projects shall be made to the County in the technical response of the Proponent’s proposal and in advancement of assignment so that real or potential conflicts of interest can be avoided;

1.5.2 In any circumstance where Proponent, including any joint venture partners, parent or subsidiary companies, or affiliates under common control, is providing services or work under another contract with the County and a dispute, claim or conflict of interest arises between the County and such Proponent under the Contract for this project or another contract, the County may in its sole determination and discretion, suspend all existing work under this Contract and may or may not issue any further work to the Proponent under this Contract unless and until such dispute, claim or conflict of interest is resolved to the County’s satisfaction. Should the County take such action, Proponent shall not be entitled to any additional costs of any kind resulting from such action except that Proponent may be paid for any authorized services provided to the County under this Contract prior to the effective date of the suspension of the work. This provision shall not be deemed exclusive and shall be supplemental to any rights and remedies available to the County under this Contract, its ordinances, any other agreement or as may be available under applicable law.

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1.6 SUB CONSULTANTS AND SUBCONTRACTORS

1.6.1 Proponent must ensure the responsibility standards for each of its Subconsultants, and Subcontractors as listed below and in each and every part of this RFP. Verification must include documentation that each Subconsultant or Subcontractor meets the responsibility criteria required to perform the work including any professional license, certification, insurance requirements of this RFP, any governmental agency having jurisdiction over the matter, or any law or regulation pertaining to the work, or requirements. Proponent must not furnish any statement, representation, or certification in connection with Subconsultants or Subcontractors that is materially false, deceptive, incorrect, or incomplete. Failure of the Proponent to provide information concerning the responsibility of any Subconsultant or Subcontractor may result in a finding that the Proponent is not responsible.

1.6.2 All proposed Subconsultants and Subcontractors must be listed in the Proponent’s response. Proponent must ensure that all proposed Subcontractors have adequate personnel, past experience, adequate facilities, finances, and business systems to perform the scope of services. The County reserves the right to approve all Subcontractors and Subconsultants.

1.6.3 Proponent must have the responsibility of verifying the existence, authenticity, and dates of expiration of all licenses required by all Subconsultants and Subcontractors engaged in the work of this RFP. The lack of a valid license from Proponent or any Subconsultant or Subcontractor shall be grounds for default, and for immediate termination for cause with prejudice as it relates to the Proponent, and the removal of any unlicensed entity from the project. In the event Proponent, a Subconsultant or Subcontractor is required to be licensed or certified as a condition precedent to providing goods or services under this RFP, the revocation or loss of such license or certification may result in immediate termination of the Proponent’s contract effective as of the date on which the license or certification is no longer in effect.

1.6.4 All Subconsultants and Subcontractors must be approved by the County prior to performing. Proponent must receive written permission to add Subconsultants or Subcontractors not initially submitted with Proponent’s response. Failure of the Proponent to obtain from the County prior approval of each Subconsultant or Subcontractor performing work on the project may result in suspension of work by that subcontractor, removal of work performed by unapproved subcontractor(s) and all permissible sanctions against the Proponent.

2. SCOPE OF SERVICES

The County is seeking Deferred Prosecution Program for the District Attorney’s Office for Clayton County, Georgia as specified in this RFP and Attachment A, Scope of Services (SOS), attached hereto and incorporated herein by reference.

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3. MINIMUM REQUIREMENTS

3.1 Proponent shall have a minimum of three (3) years of experience in providing the management of treatment services for deferred prosecution program services.

3.2 Proponent shall comply with all applicable federal, state, and local laws.

3.3 Proponent must have a physical facility within Clayton County, Georgia or surrounding counties such as Henry, Fayette, Spalding, DeKalb, and Fulton in which to provide services.

3.4 Proponent must offer interpretation in multiple languages for offenders.

3.5 Proponent shall provide copies of all facility state and local licenses/certificates; include expiration and renewal dates.

4. EVALUATION PROCESS

The County desires to select the Proponent whose proposal is determined to be the most advantageous to the County considering the technical and price evaluation criteria listed below. All Proposals will be evaluated by an Evaluation Committee in accordance with the County’s Code of Ordinances and the criteria specified in this RFP as follows:

Relative

Weight

ITEM FOR EVALUATION

Scoring Value

Maximum Points

25% Understanding the Scope of Services 25

20% Organizational Qualifications 20

20% Project Management and Personnel 20

10% Financial Capability 10

25% Cost Proposal 25

100% TOTAL SCORE 100

Optional Oral Presentation and Product Demonstration

Oral presentations/interviews and product demonstrations may be required before the final selection and award. Additional points for oral presentations/interviews and product demonstrations will be added to the proponent’s total score.

Scoring Value

Maximum

Points

Oral Presentation/Interview (If Applicable) 15

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5. PROPOSAL PREPARATION AND GUIDELINES

5.1 PROPOSAL FORMAT

Proponents are required to submit their proposals in the following format:

5.1.1 Technical Proposal. Proponents are asked to submit evidence of their experience and qualifications to perform the Services as required by the RFP. The technical proposal shall include responses to all of the information requested in the RFP and shall be tabbed to identify the specific components. All forms required by the County or provided by Proponent should be included. Please do not include any cost of any kind in this section; and

5.1.2 Cost Proposal. The Cost Proposal Form affixed hereto as Attachment B, must be completed in its entirety and uploaded separately in BidNet with Proponent’s proposal. The Cost Proposal Form will become a part of the Contract attached to this RFP following negotiations, if any, pursuant to any award. The County may solicit Best and Final Offers, and discussions may be conducted with responsible proponents who submit proposals determined reasonably susceptible to being selected for award.

Please do not include the Cost Proposal with your Technical Proposal.

5.2 CONTENTS OF TECHNICAL PROPOSAL

5.2.1 Executive Summary. The purpose of the Executive Summary is to provide an overview of the Proponent’s qualifications to accomplish the project. At a minimum, the Executive Summary must contain the following information:

5.2.1.1 Complete legal name of the Proponent and the name of the legal entities that comprise the Proponent. The Proponent must provide the state where each entity comprising it is organized, including entity name, brief history of the entity, how long in business, hours of operation, storefront or home based, one (1) individual contact person to whom all future correspondence and/or communications should be directed by the County concerning this solicitation. As well as the legal structure of the entity and a listing of major satellite offices. A statement declaring the type of business relationship the Proponent will use (i.e., a single company, joint venture, etc.);

5.2.1.2 Description of the size, resources and relevant capabilities of the firm;

5.2.1.3 The general and specific capabilities and experience of the Proponent’s team. Each Proponent must identify examples where team members have worked together to complete a project and discuss how the team was formed and how the team will function as an integrated unit in providing services to the County;

5.2.1.4 A declarative statement as to whether:

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5.2.1.4.1 Proponent, or any member of the Proponent’s team, has an open dispute with the County or is involved in any litigation associated with work in progress or completed in both the private and public sector during the past five (5) years;

5.2.1.4.2 Proponent has within the past ten (10) years filed (or had filed against it) any bankruptcy or insolvency proceedings, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee or assignee for the benefit of creditors. If so, please provide an explanation;

5.2.1.4.3 Proponent has failed to complete work or a contact awarded to proponent. If so, please provide an explanation; and

5.2.1.4.4 Proponent or any of the Proponent’s employees, agents, independent contractors or subcontractors have been convicted of, or pled guilty or nolo contendre to any felony. If so, please provide an explanation and details.

5.2.1.5 Provide a summary of the other sections of the Proposal. All Sections should fit together into a well-organized highlight of the significant points of the Proposal.

The Proposal shall include responses to all of the information requested in this RFP.

Brevity and specificity are encouraged. Concise presentation of pertinent information and organization of the submittal will be part of the evaluation. The County prefers a well-planned, straightforward business presentation with brief explanations. Proposals with verbose or disorganized responses will be judged accordingly. The Proposal format described herein may not fully capture the particulars of all the information requested by the RFP. Should there be any doubt as to where to place any information, use your best judgment.

The following is a more detailed description of the requirements of certain portions of the

Technical Proposal. The Technical Proposal shall be tabbed and organized as follows, with a suggested total page limit of One-Hundred (100) pages (excluding the Required

Form Submittals).

5.2.2 Understanding the Scope of Services. The County wishes to contract with a Deferred

Prosecution Program Services team with a strong understanding of the scope of services described in Attachment A of this RFP. Please discuss the following criteria, and demonstrate how your firm meets the scope of services requirements:

5.2.2.1 A description of the Proponent’s responsibilities (i.e. homework assignments practice sessions, etc., including frequency, number and time frame where appropriate);

5.2.2.2 A description of any diagnostic assessments that will be conducted prior to program services and/or treatment;

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5.2.2.3 A description of any post-program service and/or treatment assessments that will be conducted;

5.2.2.4 A description of the proposed communication process and frequency of communication between Proponent staff and the District Attorney Office.

Specifically if communication process or frequency will vary during duration of service/treatment;

5.2.2.5 A description of the discharge and termination procedure for successful and unsuccessful participants. State whether Proponent will provide certificates of completion and if so, describe the procedure to provide the certificate to the participant and notification procedure to the District Attorney Office;

5.2.2.6 A description of the proposed staff to participant ratio during the sessions;

5.2.2.7 A description of the type of group process utilized; include goals/objectives of group process and minimum/maximum number of participant in a group;

5.2.2.8 A description of the counseling/therapeutic approach utilized; specify skill development techniques utilized and goals/objectives of counseling;

5.2.2.9 A description of the type of monitoring of compliance with treatment;

5.2.2.10 A description of how a participant’s progress is measured during program participation. A description of the content of a participant’s file including:

5.2.2.10.1 Formats;

5.2.2.10.2 Frequency of entries;

5.2.2.10.3 Any other relevant information; and

5.2.2.11 A description of aftercare services/programs, if any.

5.2.3 Organizational Qualifications. Proponent shall provide the organization’s experience and ability to provide the scope of services described in Attachment A.

5.2.3.1 Professional Qualifications and Specialized Experience of Proponent and its Team on projects of similar scope and magnitude (e.g., specifically with respect to large organizations, and government agencies).

5.2.3.2 Professional Qualifications and Specialized Experience of Proponent’s

Key Personnel (and Team Members) and Local Availability of Key Personnel committed to Clayton County.

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Resumes shall be limited to three (3) pages and presented in such a way as to particularly highlight the experience on projects or assignments of a similar nature. Resumes shall demonstrate that the individuals proposed have the appropriate licenses or qualifications for the relevant roles. The resumes must include summary chronologies of employment history including dates and title at each firm. Include the names of projects, client, city, and state. Resumes of administrative and support staff should not be included.

5.2.3.3 References of past and current Performance of the Proponent (and Team members) on other contracts in terms of quality of services, operating within budget and compliance with performance schedules. The Committee may solicit from current and/or previous clients including the County, other government agencies, or any available sources, relevant information concerning the Proponent’s record of performance.

5.2.4 Project Management and Personnel. Proponent shall describe how they will organize and manage the project for the scope of services described in Attachment A.

5.2.4.1 Separately list any projects or contracts that the proposed team has worked on together in the last three (3) years.

5.2.4.2 An organizational chart of the proposed team indicating the role each team member will fulfill (11” x 17” paper allowed);

5.2.4.3 Submission of the names for Key Staff constitutes a commitment to use these individuals if the Proponent is selected, and changes may be made only with the prior written consent of the County. In the event there is a need to replace Key Staff or Team Members during the course of the project, Proponent must describe its backup personnel plan.

5.2.4.4 The Proponent shall identify any outside specialized vendors it intends to use as a Sub-contractor for the work, or major portion thereof. The Proponent shall submit information on the Sub-contractor, which shall include: specialized Sub-contractor’s resume, company history, address, details of experience with similar type of municipal or county projects during the last three (3) years, and copy of licenses and certificates required for all services to be provided under the Scope of Services.

Proponent must provide a reference and release form for each proposed sub-contractor identifying work on projects similar to that to be performed under this RFP; and

5.2.4.5 Proximity to Clayton County: Describe the Proponent’s current ability to effectively and conveniently perform the Scope of Services and to coordinate its efforts with the County and its other contractors. List office addresses and total number of employees, and the number of both professional and support employees located at those offices. Also, list the geographical location of the office that will be primarily responsible for assigned projects, and where the work will be accomplished.

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5.2.5 Small Local Business Enterprise (SLBE): Submit information on SLBE participation at the Contractor, Subconsultant, and Subcontractor levels on the Contract Compliance forms provided in Appendix “A” of the RFP. In the case of a JV only the Joint Venture team is to submit SLBE forms. Each Proponent may submit the estimated percentage amount of participation instead of the dollar amount for each SLBE Subcontractor or Subcontractor.

5.2.6 Financial Information Forms.

To facilitate the County’s efforts to evaluate, verify, and understand the Proponent’s financial capacity, capability, and stability to undertake and perform the Services contemplated in this RFP, Proponent must provide accurate and legible financial disclosures to the County as requested below. By definition, a “Proponent” is an individual, entity, or partnership submitting a proposal or Proposal in response to this RFP.

5.2.6.1 Instructions. If the Proponent is an individual, financial disclosures for that individual must be provided. If the Proponent is an entity or partnership, financial disclosures for that entity or partnership must be provided. If the Proponent is a newly formed entity or partnership (formed within the last three years), financial disclosures for that entity or partnership must be provided together with full financial disclosure from the entity’s or partnership’s owners. Financial Disclosure includes a full response to all questions and requests for documentation listed below.

The Proponent (and its owners, if applicable) must submit copies of all financial disclosures with its proposal. The Financials must be submitted and uploaded as a separate attachment. Do not upload the Financials with the Technical Proposal.

5.2.6.2 Financial Information: The Proponent, and its owners, if applicable, should demonstrate its financial capability and stability by selecting and providing documentation from one of the following three groups of requests below with the Proposal:

5.2.6.3 Financial statements for the three (3) most recent consecutive fiscal years, audited by a Certified Public Accountant (CPA), including: Income Statement; Balance Sheet; and Statement of Cash Flows.

5.2.6.4 Financial statements for the three (3) most recent consecutive fiscal years, either reviewed or compiled by a Certified Public Accountant

(CPA), including: Income Statement; Balance Sheet; and Satisfactory proof of Proponent’s ability to obtain a Performance Bond for the amount described in Appendix B, if applicable.

5.2.6.5 Unaudited, self-prepared financial statements for the three (3) most recent consecutive fiscal years, including: Income Statement; Balance Sheet; Satisfactory proof of Proponent’s ability to obtain a Performance Bond for the amount described in Appendix B, if applicable; Letters of Reference form; and Dunn and Bradstreet reports for the last two (2) years.

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6. STANDARD COUNTY CONTRACT

The Draft Contract, Attachment C, attached hereto and incorporated herein by reference is a standard County document, which should be thoroughly reviewed by all Proponents prior to submitting a proposal. Refer to Information and Instructions to Proponents, Award, and Execution of Contract in this RFP. Any proposed modifications or additions to the County’s Standard Contract should be included in the Proposal.

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APPENDIX A

CONTRACT COMPLIANCE REQUIREMENTS

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APPENDIX A: CONTRACT COMPLIANCE REQUIREMENTS

SMALL LOCAL BUSINESS ENTERPRISE (SLBE)

AND PROCUREMENT

NON-DISCRIMINATION PROGRAM

Clayton County has implemented a Small Local Business and Procurement Non-discrimination

Program to promote full and open competition in all government procurement and purchasing.

Goals for participation of Small Local Business Enterprises (SLBEs) are set for specific NIGP codes on a contract by contract basis for each specific prime contract with subcontracting possibilities. The County wants to ensure that Bidder are non-discriminatory in their process of selecting subcontractors. All forms included in this section must be completed for a Bidder to be considered responsive. This project does not have a SLBE subcontracting goal. However, Clayton County encourages Bidder to utilize small, minority or woman-owned businesses whenever possible.

SLBE means a locally-based small business operating inside or outside of Clayton County, which meets the following criteria:

1. Demonstrates that the firm's gross revenues or number of employees averaged over the past three years, inclusive of any affiliates as defined by 13 C.F.R. § 121.103 et al., does not exceed the size standards as defined pursuant to 13 C.F.R. §121.201 et al. which can be found at:

Size Standard Table https://www.sba.gov/size-standards/?ms=nid4060

2. Demonstrates that the net worth of each owner does not exceed $1,320,000 exclusive of principal residence and the value of the SLBE;

3. Provides information regarding the ethnicity and gender of its original owners; and

4. Demonstrates that the firm is located or has an office in Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry, Rockdale, or Spalding

5. SLBE’s must perform a commercially useful function, which means performance or provision of real and actual services under a contract or subcontract with Clayton County.

Factors such as the nature and amount of work subcontracted; whether the SLBE has the skill and expertise to perform the work for which it has been certified; whether the SLBE actually performs, manages or supervises the work; and whether the SLBE intends to purchase commodities and/or services from a non-SLBE and simply resell them will be considered in determining if the SLBE is performing a commercially useful function.

https://www.sba.gov/size-standards/?ms=nid4060

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This package contains the following forms that Bidder are required to submit along with their bid:

1. Covenant of Non-Discrimination – A1

2. Statement of Successful Sub-contractors – A2

3. Letter of Intent to Perform as a Sub-contractor – A7: submitted for each subcontractor. Any changes to the subcontractors listed in the bid must be approved by the Contract Compliance Division.

4. Subcontractor Substitution Request Post Award – A8

Addition/Removal or substitution of subcontractors MUST be approved by the Contract

Compliance Division PRIOR to the sub performing work.

Monthly Utilization Reports are submitted on a monthly basis after the project has begun.