RFP_#3063_Data_Center_Impact_Study_Solicitation.pdf

SOLICITATION TYPE: Request for Proposals DATE: 11/6/2026

ID Number: 3063 Title: Consulting Services for Data Center Impact Study

Due Date/Time: December 15, 2026 at 11:00 a.m.

LATE SUBMITTALS WILL NOT BE ACCEPTED

Mail or Deliver To:

York County Procurement PO Box 180 Government Center Building, Room 3501 6 S. Congress St., York, SC 29745

Opening Location:

Government Center Building Room 3401 6 S. Congress St., York, SC 29745

Voluntary Pre-Solicitation Conference: November 18, 2026, at 2:00 p.m.

Government Center Building Room 3401 6 S. Congress St., York, SC 29745

Point of Contact: Teria Sheffield, Procurement Director

Additional Documents available from:

N/A

Questions Deadline: November 24, 2026, by 4:00 p.m.

Tentative Date of Council Approval: February 1, 2027

PO Box 180, 6 South Congress Street, York, SC 29745 Telephone: 803-684-8520 Fax: 803-684-8580 Web: http://www.yorkcountysc.gov

Teria G. Sheffield Procurement Director

PROCUREMENT DEPARTMENT

http://www.yorkcountysc.gov/

REQUEST FOR PROPOSALS

FOR

DATA CENTER IMPACT STUDY

1.0 INTENT

1.1 York County is soliciting proposals from qualified independent consultants or multidisciplinary consulting teams to conduct a comprehensive Data Center Impact Study (“Study”).

1.2 It is York County’s intent to describe in general terms, the services required for this study All parts, items, details of services or features not specifically mentioned which are regularly provided by the practice in order to complete this type of work/service shall be provided in response to this Request.

1.3 Responses to this RFP will be used to determine the relative qualifications of various firms to perform the scope of work and tasks specified.

1.4 It is anticipated that an agreement for services will be negotiated and executed between York County and the firm who is determined to best meet the needs of the County. All firms with an interest in working with York County are encouraged to review the County’s website at (http://www.yorkcountysc.gov) for additional information.

1.5. Proposals will be considered from firms or multidisciplinary teams collectively demonstrating:

A. Experience conducting independent technical impact studies, environmental assessments, infrastructure analyses, or similar assignments for governmental clients, including at least three comparable projects completed within the past seven years.

B. Expertise in at least three of the following areas: electrical utility and grid analysis; water resources engineering or hydrology; environmental acoustics and noise assessment; air quality; environmental resources; public health; property-value analysis; and data center technology and operations.

C. Demonstrated experience evaluating hyper-scale data centers or other industrial projects and their impacts on surrounding communities.

D. Experience conducting objective community engagement in connection with controversial or technically complex development issues.

E. Identification of all subconsultants and their respective roles and qualifications. The prime

Consultant should be responsible for the quality and integrity of all subconsultant work.

F. Independence from the data center industry consistent with Section 2.7.

G. Familiarity with South Carolina regulatory and permitting requirements relevant to the proposed scope.

2.0 GENERAL TERMS AND CONDITIONS

2.1 This request contains, in general terms, the overall objectives of York County and in obtaining the professional services indicated herein. While an attempt is made to describe the general expectations of the County and the anticipated work to be performed, the County and the successful firm may need to define a more specific scope of work as part of a negotiation process. If it becomes necessary to revise any part of this request, written amendments will be provided in an addendum form to all potential proposing firms. Any inquiry or request for interpretation received five (5) or more days prior to the date fixed for opening of proposals will be given consideration unless an earlier date is specified on the cover page. All such changes or interpretations will be made in writing in the form of an addendum and, if issued, posted on the County’s website http://www.yorkcountysc.gov and will be mailed or sent by available means to all known prospective Offerors prior to the established RFP opening date. Each Offeror shall acknowledge receipt of such addenda in the space provided in the RFP document. In case any Offeror fails to acknowledge receipt of such addenda or addendum, the proposal will nevertheless be construed as though it had been received and acknowledged and the submission of the proposal will constitute acknowledgement of the receipt of same. Questions received less than five (5) days prior to the date for opening of proposals unless an earlier date is specified on the cover page may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

2.2 Each Offeror providing a response for consideration by the County is responsible for obtaining information on the conditions and restrictions involved in meeting the obligations and providing the services as set forth in this RFP. The failure or omission of an Offeror to obtain adequate information will in no way relieve the Offeror of any obligation with respect to this RFP or to an associated contract.

2.3 York County reserves the right to retain all proposals submitted. Submission of proposal indicates acceptance by the Offeror of the conditions contained in this RFP, unless clearly and specifically noted in the proposal submitted and confirmed in any resulting contract between York County and the Offeror selected.

2.4 In submitting a properly signed Proposal, the firm accepts all of the terms and conditions contained in this Request. Submitted Proposals shall remain open and if applicable, prices quoted shall be honored for a minimum of 90 days after the day of the RFP opening.

2.5 There is no expressed or implied obligation for York County, or its agents to reimburse responding firms for any expenses incurred in preparing proposals in response to this request.

2.6 The successful firm shall have full and sole responsibility for performing all services as finally agreed upon and accepted by the County. In the event the Offeror fails to deliver /or perform any proposed services within the specified schedule, the County reserves the right to cancel the Contract and secure other means of providing and deduct all costs thereof from any payment due the firm.

2.7 Independence Requirements: Given the nature of this engagement, the County places particular emphasis on the independence and objectivity of the selected firm or team. The following requirements apply:

A. The proposing firm and all proposed subconsultants shall disclose in their proposal any current or prior engagements, financial relationships, contractual arrangements, or ownership interests involving data center developers, operators, real estate invested in data centers, or data center technology vendors within the past five (5) years.

B. The County's Evaluation Committee will assess whether any disclosed relationship creates an actual or apparent conflict of interest that would compromise the objectivity of the Study. The

County reserves the right to disqualify any proposal presenting a conflict of interest the County determines cannot be adequately mitigated.

C. Members of the proposed project team shall not engage in any new consulting relationship with any data center developer, operator, or related entity during the term of the contract without prior written disclosure to and approval from York County.

D. All findings, conclusions, and recommendations shall be independently derived by the

Consultant based on evidence, data, and technical analysis. The Consultant shall not represent the interests of any industry, advocacy group, or governmental entity other than York

County in connection with this engagement.

The Consultant shall execute a Conflict of Interest and Independence Attestation in a form provided by the County prior to contract execution.

2.8 Chain of Communication: To ensure the integrity of the competitive process, a strict chain of communication shall apply to each Invitation for Bids, Request for Proposals, Request for Qualifications, or any other competitive solicitation during the period between publication of the solicitation and final award. Offerors or its agents may not communicate by any means, directly or indirectly, with York County public officials, employees, its agents, or representatives or any person not otherwise listed on this document, regarding any aspect of this procurement activity. All communications must be solely with the Procurement Officer. In the sole determination of the Procurement Officer and/or York County, violation of these restrictions may result in disqualification of your offer, suspension or debarment, and may constitute a violation of law.

2.9 Prohibition of Donations and Gratuities: Offerors are restricted from making donations to any York County governmental entity with whom they have or seek to have a contract. The Offeror represents that his/her offer discloses any gifts made, directly or through an intermediary, by the Offeror or the Offeror’s named subcontractors or subconsultants to or for the benefit of York County, its agents, or representatives during the period beginning eighteen months prior to the Opening Date.

No Offeror, or any person, firm, or corporation employed by the Offeror in the performance of this request, may offer or give any gift, money or anything of value or any promise for future reward or compensation to any York County employee or elected official.

3.0 BACKGROUND INFORMATION

3.1 York County is one of the fastest-growing counties in South Carolina, with a population exceeding 311,000 and continued residential and commercial growth projected over the next decade. At the same time, the rapid expansion of hyperscale data centers driven by artificial intelligence, cloud computing, and digital infrastructure has created significant development pressure.

3.2 Beginning in early 2026, York County Council received substantial public comments concerning potential impacts of hyper-scale data centers on water resources, electrical infrastructure, the environment, public health, property values, quality of life, agriculture, natural resources, and community character. Residents and community organizations have also raised concerns regarding noise, lighting, land clearing, wildlife, transparency, development scale, buffers, and the cumulative effects of multiple facilities and associated utility infrastructure.

3.3 In response, Council took the following actions:

A. February 6, 2026: Council unanimously invoked the pending ordinance doctrine, on first reading of an ordinance related to data center uses and standards effectively prohibiting development approval for new data centers that do not conform to the pending ordinance which included elimination of the use from the Light Industrial zoning district and requiring a special exception to permit the use in the Industrial Development zoning district, applying new development standards.

B. March 16, 2026: Council passed second reading of the ordinance, establishing additional data center development standards, including mandatory acoustical studies; closed-loop cooling requirements; prohibition of groundwater wells; setbacks of 200 feet for structures and 300 feet for ground equipment from residential property lines; classification of data centers in the highest-impact buffer category (Type D); and requiring utility capacity letters from water, sewer, and power providers as an application requirement. This ordinance remains pending.

C. July 14, 2026: Council approved Ordinance 26-27, establishing a nine-month moratorium on applications and land use, special exception, conditional use, and building permits for new data centers in the County’s unincorporated areas. The moratorium took effect immediately and is scheduled to expire in April 2027 unless extended by Council resolution. Council directed staff to obtain outside expertise to study data center impacts and develop recommendations for zoning amendments before the moratorium expires.

3.4 The County's existing regulations were not developed specifically for the scale, intensity, and concentrated infrastructure demands associated with hyperscale data centers. The County therefore seeks an independent technical team capable of evaluating these impacts and providing objective findings that can support subsequent policy and regulatory decisions by County Council.

3.5 One hyper-scale data center campus is currently under construction in unincorporated York County under the ownership and operation of Quality Technology Services (QTS). The multi-building campus near Lake Wylie represents the type of hyper-scale development addressed by the moratorium. To the extent permitted by law and supported by available information, the Consultant should evaluate the actual and potential impacts of this facility and the broader class of development it represents. The Consultant should not be expected to conduct an audit of the facility's compliance with existing permits or approvals unless specifically requested by the County.

3.6. The County anticipates the following schedule and process milestones.

Milestones Date

RFP Release Date November 6, 2026

Pre-Proposal Conference November 18, 2026

Questions Due November 24, 2026

Addendum Issuance (if necessary) December 4, 2026

Proposal Due Date December 15, 2026

Interviews (if necessary) Week of January 4, 2027

Council to Authorize Negotiation for Award January 19, 2027

Anticipated Award of Contract February 1, 2027

Preliminary Findings to Council To Be Determined

Document Completion Date July 16, 2027

4.0 SCOPE OF WORK

4.1 Generally: The successful Consultant will be responsible for completing conduct an independent technical assessment addressing the areas below. The Consultant should not be responsible for preparing the County's comprehensive plan, conducting a general land-use planning study, developing an economic-development strategy, or conducting a general fiscal or economic impact study.

The Consultant should coordinate with County staff and, as appropriate, residents, elected officials, utility providers, regulatory agencies, and other stakeholders. The Consultant should distinguish among:

A. Documented impacts supported by available data or research.

B. Reasonably foreseeable impacts based on accepted technical methods and comparable experience;

C. Potential impacts for which available evidence is limited or inconclusive; and

D. Community concerns, perceptions, and quality-of-life considerations that may be relevant to County policy even where impacts cannot be readily quantified.

The Consultant should clearly identify assumptions, data limitations, methodologies, and sources.

The Consultant should also review available peer-reviewed research and regulatory guidance concerning potential health and quality-of-life effects associated with hyper-scale data center operations.

4.2 Electric Utility and Grid Infrastructure: The Consultant should assess the following.

A. Projected peak electrical demand from existing and reasonably foreseeable data center development in York County, expressed in megawatts and based on available utility information, filings, permits, and other reliable sources.

B. The capacity of existing transmission and distribution infrastructure serving York County to accommodate current and projected data center demand.

C. Potential impacts of data center load growth on system reliability and the ability to maintain adequate service for existing residential, commercial, industrial, and other customers.

D. How costs of transmission, substations, distribution facilities, and other infrastructure associated with data center load growth are allocated among data center developers, utility customers, and public entities.

E. Historical and projected impacts on utility rates associated with infrastructure investments attributable to data center load growth, using available information from the South Carolina Public Service Commission, Duke Energy Carolinas and other applicable rate regulators or utilities.

F. Approaches used by peer jurisdictions to address utility capacity, infrastructure costs, and developer contributions.

4.3 Water Resources: The Consultant should assess the following.

A. Daily, monthly, and annual water demand associated with existing and reasonably foreseeable data center development in York County, expressed in gallons per day and gallons per year.

B. Water demand associated with different cooling technologies, facility sizes, operating conditions, and regional climatic conditions.

C. Cumulative effects of data center water demand on the Lake Wylie watershed and other relevant water resources, including potential effects on availability, temperature, and water quality.

D. The adequacy and reliability of available water supply and infrastructure to accommodate data center demand while serving existing and projected residential, commercial, and other users.

E. Risks associated with groundwater use, depletion, or contamination where applicable.

F. The effectiveness of closed loop, air-cooled, and other cooling technologies in reducing water consumption.

G. Compatibility of anticipated water demand with applicable water supply planning, drought-response protocols, allocation requirements, and South Carolina Department of Environmental Services permitting requirements.

4.4 Environmental Impacts: The Consultant should assess the following:

A. Thermal and heat-island effects associated with hyper-scale data center operations, including potential localized effects on adjacent residential areas, agricultural operations, ecosystems, and natural resources.

B. Air emissions from emergency backup generators, including particulate matter and nitrogen oxides during testing and extended power outages and potential cumulative effects from multiple generators.

C. Light pollution, glare, and nighttime visual impacts associated with exterior lighting, reflective building surfaces, rooftop equipment, and security lighting.

D. Stormwater, erosion, drainage, and impervious-surface impacts associated with large campuses and supporting infrastructure, particularly near wetlands, floodplains, streams, and the Lake Wylie shoreline.

E. Potential impacts to wetlands, jurisdictional waters, forests, wildlife habitat, and other natural resources, including applicable federal and state permitting requirements.

F. The potential cumulative effects of land clearing, habitat fragmentation, loss of mature vegetation, and conversion of rural or agricultural landscapes to hyper-scale industrial development.

4.5 Noise and Community Health Concerns: The Consultant should address the following.

A. Noise and vibration associated with cooling equipment, fans, chillers, UPS systems, generators, and other continuous or intermittent mechanical equipment. The assessment should address low-frequency noise and identify appropriate measurement methodologies.

B. Potential effects associated with chronic exposure to mechanical noise, including low-frequency noise, sleep disruption, and other documented or reasonably foreseeable effects.

C. Potential health and respiratory risks associated with diesel generator emissions.

D. Electromagnetic field considerations associated with high-voltage transmission facilities and substations serving data centers, including the current state of scientific evidence regarding potential health effects.

E. Quality-of-life impacts associated with noise, lighting, visual effects, industrial activity, and proximity to hyper-scale infrastructure.

F. Appropriate noise thresholds, monitoring requirements, setbacks, buffers, and other potential mitigation measures based on available evidence and applicable standards.

G. Established scientific evidence from areas where scientific evidence remains uncertain or inconclusive.

4.6 Property Values and Community Impacts: The Consultant should address the following:

A. Residential and agricultural property values and marketability.

B. Potential effects associated with noise, lighting, viewsheds, building scale, loss of wooded areas, proximity to substations and transmission infrastructure, and other changes in surrounding land use.

C. Potential impacts on agricultural operations, including water availability, thermal conditions, lighting, noise, wildlife, visual impacts, and changes in the surrounding rural environment.

D. Community character and quality-of-life considerations associated with large industrial facilities located near established residential or agricultural areas.

E. Available empirical evidence from comparable jurisdictions and, where appropriate, York County appraisal or market data.

F. Identify the limitations of available property-value data and should not attribute changes in property values to data center development without a reasonable evidentiary basis.

4.7 Cumulative and Infrastructure Impacts: The Consultant should address the following.

A. A list of 3-5 industrial land uses that have comparable impacts to hyper-scale data centers.

B. Multiple data center campuses and phases of development.

C. Transmission lines and substations.

D. Water and sewer infrastructure.

E. Roads and transportation improvements.

F. Emergency and public safety demands.

G. Noise, lighting, air emissions, and other environmental effects.

H. Land clearing and natural-resource impacts.

I. Proximity of hyper-scale data centers to agricultural and residential uses. residential and agricultural areas.

4.8 Community Engagement: The Consultant should address the following.

A. Conduct a structured, neutral community engagement process designed to identify and document resident and stakeholder experiences, concerns, priorities, and information needs.

Conduct at least two public listening sessions in unincorporated York County, including the Lake Wylie area and other locations accessible to residents near existing or proposed data center development.

B. Conduct and promote an online survey available to all York County residents for at least 30 calendar days.

C. Targeted interviews with neighborhood associations, agricultural operators, environmental organizations, utility providers, business organizations, and other affected stakeholders.

D. A briefing with York County Council to present preliminary findings and receive questions and direction regarding issues requiring clarification before the Study is finalized.

E. Documentation of engagement activities, survey results, principal concerns, and areas of agreement or disagreement.

F. Community engagement should inform the technical assessment and community concerns that should be addressed therein, but should not substitute for technical analysis.

G. Throughout the project and in any community engagement, the Consultant should remain independent and should not advocate for or against data center development.

4.9 Peer Jurisdiction Review: The Consultant should address the following.

A. Data center scale and development characteristics.

B. Documented environmental, infrastructure, noise, water, utility, or community impacts.

C. Mitigation measures and development standards used to address those impacts.

D. Utility and infrastructure cost-allocation practices.

E. Noise, water, environmental, and monitoring requirements.

F. Decommissioning or financial-assurance requirements relevant to addressing documented impacts.

G. Enforcement practices and outcomes.

H. Lessons applicable to York County.

I. Peer jurisdictions should include, but need not be limited to, Loudoun County, Virginia; Prince George’s County, Maryland; Fayette County, Georgia; and at least two South Carolina jurisdictions that have enacted or proposed data center regulations.

J. The Consultant should identify circumstances in which the cumulative impact of multiple facilities may differ materially from the impact of an individual facility.

4.10 Land Use and Regulatory Coordination: The Consultant should address the following.

A. The Consultant should provide technical findings relevant to land use regulation but should not be responsible for developing the County's overall land use policy, comprehensive planning recommendations, or final zoning ordinance. Planning and Development staff will lead the development of recommendations concerning where data centers should or should not be allowed, zoning district classifications, land use compatibility, application procedures, and the final structure and content of proposed ordinance amendments.

B. Translate technical findings into potential regulatory considerations, including setbacks, buffers, noise standards, lighting controls, water and utility requirements, environmental protections, monitoring, and other development standards.

C. Evaluate the technical basis for the County's existing and recently adopted data center standards.

D. Identify potential regulatory approaches used by other jurisdictions that correspond to documented impacts identified in the Study.

4.11 Deliverables: The Consultant shall provide the following work products.

A. A comprehensive written Data Center Impact Study presenting technical findings, supporting data, methodologies, limitations, and recommendations for potential mitigation measures and regulatory considerations.

B. An executive summary of no more than 10 pages.

C. Technical memoranda or interim findings as appropriate to support the County's review of major issues during the study.

D. All underlying data, models, field measurements, survey instruments and results, technical appendices, and source materials in an organized electronic format.

E. A technical matrix identifying major impacts, supporting evidence, potential mitigation measures, and the technical basis for each.

F. At least two public presentations of Study findings: one to the and Planning and Zoning Committee, and one to the full County Council both in a public meeting.

G. An editable presentation slide deck for County use.

H. Technical assistance to Planning and Development staff during development of zoning and development-standard recommendations, including review of draft provisions for consistency with the Study's findings.

5.0 CONTRACT TERM

5.1 The contract term shall be negotiated through a project schedule as agreed to by the parties in the contract.

Ordinance 26-27 establishes a moratorium scheduled to expire in April 2027 unless extended by Council resolution.

The County desires the Study to be substantially complete by July 16, 2027. Within 10 business days of contract execution, the Consultant should submit a detailed project schedule identifying major tasks, milestones, community engagement activities, and deliverables. The schedule should aid in determining the extension of the moratorium.

Task sequencing may be modified by mutual written agreement.

5.2 Termination of Contract

a. Should a dispute arise, and if, after a good faith effort at resolution, the dispute is not resolved, either party may terminate the contract by providing thirty (30) days written notice to the other party.

b. Convenience: In the event that this contract is terminated or canceled upon request and for the convenience of York County without the required (30) days advance written notice, then York County must negotiate reasonable termination costs, if applicable.

c. Cause: Termination by York County for cause, default or negligence on the part of the Offeror must be excluded from the foregoing provisions; termination costs, if any must not apply. The thirty (30) days advance notice requirement is waived and the default provision listed herein must apply.

d. Default: In case of default of Offeror, York County reserves the right to purchase/lease any or all items or all items/services in default open market, charging Offeror with any excessive costs.

5.3 NON-APPROPRIATION CLAUSE: Notwithstanding any other provision of this request/ agreement, all obligations of the County under this solicitation which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose.

6.0 COST PROPOSAL

6.1 Offeror shall provide a detailed cost proposal to include all costs, professional services, expenses, etc. needed to complete the work outlined in this RFP. Offerors are encouraged to provide any additional information and/or pricing (including discounts or incentives) that will address the best value of offerings presented in their technical proposal. The Cost Proposal will be evaluated on the rates that will be billed to the County with any additional overhead, administrative costs, or price increases applied. Pricing must include all applicable taxes.

7.0 PAYMENT

7.1 Billings should be submitted in the month following the performance of the work and include details of hours worked by staff classification, hourly rates, and reimbursable expenses. The County will pay invoices within 30 days of receipt.

8.0 SUBMITTAL REQUIREMENTS

8.1 The Proposal shall include the following information with sections headers or tabs to identify each section. Failure to submit this information will render your Proposal as non-responsive. All responses shall include, but not be limited to, the following information:

8.2 Technical and Cost Proposals shall be submitted together; however, the Cost Proposal shall be uploaded separately in the OpenGov portal or in its own separate sealed envelope, if via hand delivery. DO NOT submit copies of the Cost Proposal.

8.3 The Technical Proposal shall include the following with tabs to identify each section. Failure to adhere to this format or to address all items specified may disqualify an Offeror from further consideration. Offerors may include any additional information for consideration in a separate Tab identified as an appendix.

Submit Technical Proposals in the following format:

SIGNATORY PAGE: Included in the front of the proposal should be a copy of the RFP’s signature sheet (attached herein) properly signed to include the manual signature of an authorized representative of the firm (or, lead firm) and all appropriate address and contact information as listed on this form.

TITLE PAGE: Title page must show the RFP’s subject.

TAB 1: TABLE OF CONTENTS:

TAB 2: TRANSMITTAL LETTER: Proposal must include a signed letter of transmittal briefly stating the Offeror’s understanding of the work to be undertaken, the commitment to perform the work within the time period, a statement why the Offeror believes its firm to be the best qualified to perform the work and a statement that the proposal is a firm and irrevocable offer for ninety (90) days after the date of public opening of Proposals. The letter shall also identify a contact person for questions during the RFP process, including contact information (i.e., telephone number, fax, email, and postal address).

TAB 3: DETAILED PROPOSAL: The purpose of the detailed proposal is for the Offeror to demonstrate their qualifications, competence, project approach and methodology, proposed project schedule, and capacity to provide consulting services based on the Scope of Work as presented in this RFP.

TAB 4: QUALIFICATIONS OF THE FIRM(S): Provide a description and history of the firm along with information related to previous experience of providing services similar in nature, size and scope to those outlined in the Scope of Work as presented in this RFP. Provide at least three (3) references for which the firm has performed services within the past five years that are similar to the requirements described in the Scope of Work. A description of any regulatory action taken by any oversight body against the firm shall be included.

Firm(s) and all proposed subconsultants must address Independence Requirements as defined in Paragraph 2.7 of this RFP.

TAB 5: QUALIFICATIONS OF STAFF FOR EACH FIRM: Provide an organization chart, resumes, and summary of team qualifications; along with key project staff pertaining to the contract. Key staff’s experience demonstrating current capacity and current expertise in the

Scope of Work outlined in this document. Provide education, certifications, or special training of key staff members who would be assigned to the contract. Please identify which staff person will be the designated project manager for the project.

NOTE: Offerors May Choose to Submit Proposal Response in Electronic Form or via Hand Delivery or Courier Service. Only One Proposal Will Be Accepted.

8.4 ELECTRONIC SUBMITTALS: Electronic submittals shall be uploaded in PDF format via the OpenGov online portal which can be accessed via https//www.yorkcountysc.gov/217/Procurement under the Active Bids link. To ensure that an electronic submittal is received by the due date and time, it is recommended that submittals are uploaded allowing sufficient time prior to deadline. An e-mail confirmation of submittal will be received after selecting Submit Response in the OpenGov system. If confirmation e-mail is not received, contact OpenGov support by selecting “?” icon at the bottom right once you have logged into OpenGov. Offerors are responsible. Faxed information is not acceptable.

8.5 The Offeror shall be responsible for confirming that submittal is received by the deadline. Any submittal received after the closing date and time deadline will not be considered.

8.6 For step-by-step instructions on how to submit a response, select Help and then Quick Reference in the OpenGov portal.

8.7 Proposals must include all requested information. Failure to respond to any requested item may cause a Proposal to be deemed non responsive.

8.8 IN PERSON/COURIER DELIVERED SUBMITTALS: Proposals must be received at the location given below no later than the deadline on page 1 of this document. Information must be received at the York County Procurement Department, Room 3501, located at 6 S. Congress St., York, S.C.

29745 and must include one (1) original, clearly marked as such, and five (5) copies and one (1) electronic version (USB) of the firm’s Qualifications and Proposal (include cost proposal). Faxed information is not acceptable. Proposals received after specified time and date will be rejected as non-responsive.

8.9 SUBMITTING REDACTED OFFERS: Proposals received by York County are considered public documents under the provisions of the South Carolina Code of Laws, Section 30-4-40, Freedom of Information Act (FOIA). If your offer includes information marked as Confidential, “Trade Secret,” or “Protected”, you must also submit one complete paper copy and include a digital copy in PDF format, of your offer from which you have removed or concealed such information (redacted copy). The redacted copies should (1) reflect the same pagination as the original, (2) show the empty space from which information was redacted. Except for the information removed or concealed, the redacted copies must be identical to your original offer, and the Procurement Officer must be able to view, search, copy, and print the redacted digital copy without a password. Marking your entire proposal as Confidential/Proprietary is not in conformance with the South Carolina Freedom of Information Act absent explanation providing an exemption under Section 30-4-40. A redacted copy if applicable, must be uploaded under submit response in the OpenGov portal, or must accompany the original submittal document if mailed or hand delivered.

9.0 PREPARATION OF PROPOSALS

1. All Proposals shall be complete and carefully worded and must convey ALL information requested by York County. If errors are found in the Offeror’s Proposal, or if the Proposal fails to conform to the requirements of this solicitation, York County will be the sole judge as to whether that variance is significant enough to reject the Offer.

2. Proposal should be prepared simply and economically. All data, materials and documentation shall be available in a clear, concise form. If additional information is required, Offerors shall supply additional materials as needed for the evaluating committee’s internal use. York County reserves the right to reproduce Proposals for internal use in the evaluation process.

3. All Proposals shall provide a straight-forward, concise description of Offeror’s ability to satisfy the requirements of this Solicitation.

4. Proposal must be made in the official name of the individual, firm, or corporation under which the business is conducted (showing official business address) and must be signed by a person duly authorized to legally bind the business entity submitting an Offer.

10.0 EVALUATION / AWARD CRITERIA

10.1 A selection committee will evaluate all proposals and organize a short list of firms for further consideration. York County reserves the right to invite short-listed firms to make a presentation to the selection committee as deemed necessary. The criteria will be scored based upon the information provided below:

Evaluation Criterion Points

Firm and Team Qualifications and Relevant Experience 25

Technical Approach and Methodology 35

Community Engagement Approach 15

Project Schedule and Feasibility 15

Fee Proposal 10

Total 100

11.0 EVALUATION OF PROPOSALS

11.1 The Offerors proposals will be evaluated by a committee comprised of County officials and key personnel with experience and knowledge of services and contracts of this scope and nature.

11.2 The Offeror’s past performance, personnel experience/project team, experience in the services outlined in the Scope of Work of this document, in addition to the merits of the Proposal and costs are the general Evaluation Criteria. Each committee member will independently evaluate these criteria excluding the cost. Once the committee has evaluated each proposal, the scores will be tallied.

Lastly, the Cost Proposal will be opened and factored into the final scores.

11.3 York County may require oral and visual presentation from those firms/individuals that are ranked or short-listed. This shall be done at York County’s sole discretion when it determines presentations are essential as part of the evaluation process.

11.4 York County reserves the right to reject any and all Proposals at any time prior to award; and to waive informalities and minor irregularities, and request additional information or clarifications in the evaluation of responses received. York County shall select the offer that best serves the interest of York County; Offerors are advised to provide all pertinent information required by the Proposal in their written response.

12.0 PROTEST PROCEDURES Any prospective bidder, offeror, contractor or subcontractor aggrieved in connection with the solicitation of a contract shall protest to the Procurement Director within seven days, but not thereafter, of the date of issuance of the invitation for bids, request for proposals or other solicitation documents, whichever is applicable, or any amendment thereto, if the amendment is at issue. Any actual bidder, offeror, contractor or subcontractor aggrieved in connection with the intended award or award of a contract shall protest to the appropriate Procurement Officer within seven days, but not thereafter, of the date notification of award is posted. A protest shall be in writing, submitted to the Procurement Director, and shall set forth the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided, and must be received within the time provided.

13.0 INQUIRIES: General questions about this solicitation should be submitted through the OpenGov portal, by selecting the questions icon in the corresponding Q&A column.

14.0 SUMMARY

A contract may be awarded to the firm whose qualifications and project approach best meets the requirements and criteria set forth in this request and is most advantageous to the County. The proposing firm shall demonstrate compliance with the requirements established in this RFP and must be able to perform the tasks in accordance with the standards contained herein. The successful firm shall have the full and sole responsibility of providing all of the proposed services as finally agreed upon and accepted by the County.

15.0 GENERAL REQUIREMENTS

15.1 All Offerors including the employees of the Offeror must comply with all applicable Federal, State, and County laws pertaining to contracts entered into by governmental agencies, including non-discrimination employment. Contracts entered into on the basis of submitted proposal responses are revocable if contrary to law. Contracts for work resulting from this request will obligate the Offeror to not discriminate on the basis of race, color, creed, religion, handicap, or national origin in their employment practices.

15.2 TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Contractors shall comply with Title VI of the Civil Rights Act of 1964. York County strongly encourages the use of and involvement of Disadvantaged Business Enterprises (DBE) on this project.

15.3 CONFLICT OF INTEREST: The successful firm shall not knowingly employ, during the period of a contract, or any extensions to it, any professional personnel who are also in the employ of York County and who are providing services involving this request or services similar in nature to the scope of this request to the County. Furthermore, the firm shall not knowingly employ, during the period of a contract or any extensions to it, any York County employee who has participated in the making of a contract until at least two years after his/her termination of employment with York County.

15.4 INDEMNIFICATION AND HOLD HARMLESS: The successful firm shall agree to protect, defend, indemnify, and forever hold harmless, the County, its agents, officers, and employees, from and against any and all claims, liabilities, damages, costs, actions, proceedings, of any nature whatsoever, however alleged or termed, or in any lawsuits, arising in any manner out of any action or failure to act, by the firm, its officers, agents, and employees, or relating to or arising out of the performance or failure to perform, by the firm, its officers, agents, and employees, any obligations arising under its agreement with the County, or any other type claim/lawsuit whatsoever, however alleged or termed, which may arise at any time as a result of or related to the provision of service(s) for the County by the successful firm, without regard to the source, nature, or validity of the claim/lawsuit. Losses, liabilities, expenses and claims for damages shall include, but not be limited to, civil and criminal fines and penalties, loss of use and/or services, claims for injury, damage, disability, property damage, or death, injury to real or personal property, and attorneys’ fees, costs, and expenses incurred by the County or any of its agents, officers, and employees.

15.4.1 The County shall not be precluded from receiving the benefits of any insurance the firm may carry which provides for indemnification for any loss or damage to property in the firm's custody and control, where such loss or destruction is to County property. The firm shall do nothing to prejudice the County’s right to recover against third parties for any loss, destruction or damage to County property.

15.5 DRUG-FREE WORKPLACE: During the performance of this request, the firm agrees to provide a drug-free workplace for his employees; post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition; and state in all solicitations or advertisements for employees placed by or on behalf of the firm that the firm maintains a drug-free workplace. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor/firm in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of this request.

15.6 APPLICABILITY/JURISDICTION OF SOUTH CAROLINA LAW AND COURTS: Upon award of a contract under this request the person, partnership, association or corporation to whom the award is made must comply with the laws of South Carolina which require such person or entity to be authorized and/or licensed to do business with this State. Notwithstanding the fact that applicable statutes may exempt or exclude the successful firm from requirements that it be authorized and/or licensed to do business in this State, by submission of this signed proposal, the firm agrees to subject itself to the jurisdiction and process of the courts of the State of South Carolina as to all matters and disputes arising or to arise under the contract and the performance thereof, including any questions as to the liability for taxes, licenses, or fees levied by the State.

15.7 CERTIFICATE OF INSURANCE: Once selected, the successful firm will be required to provide proof of insurance to include professional liability; workers compensation, employer’s liability and general liability prior to commencing work.

15.7.1 The firm must procure and maintain, for the duration of this project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the offeror, his/her agents, representatives, employees or subcontractors. York County requires Certificates of Insurance from Offerors doing business with the County within ten (10) working days from notice of award. York County shall be named as “Additional Insured” on all Certificates of Insurance except Workers Compensation.

General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, Workers Compensation: Coverage’s as required by the laws of the State of South Carolina, Automobile Liability: $500,000 combined single limit per occurrence, Employers Liability: $100,000 Bodily by Accident, $500,000 Bodily Injury by Disease, $100,000

Bodily Injury by Disease Each Employee.

Professional Liability: $1,000,000 per occurrence

15.8 ASSIGNMENT: No contract or its provisions may be assigned, sublet, or transferred without the written consent of the County.

15.9 OWNERSHIP OF MATERIAL: All proposals and supporting materials (including all data, material, and documentation) originated and prepared for York County pursuant to this RFP and including correspondences relating to this RFP shall, belong exclusively to York County.

15.10 PRIME CONSULTANT RESPONSIBILITIES: The Consultant will be required to assume sole responsibility for the complete effort as required by this RFP. York County will consider the Consultant to be the sole point of contact with regard to contractual matters.

15.11 SUBCONSULTING: If any part of the work covered by this RFP is to be subcontracted, the Consultant shall identify the subcontracting organization and the contractual arrangements made therewith. All sub consultants must be approved by York County. The successful Consultant will also furnish the corporate or company name.

15.12 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND

VOLUNTARY EXCLUSION: The Consultant certifies, by submission of this document or acceptance of a contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any

State, Federal department, or agency. It further agrees by submitting this qualification statement that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Consultant or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/bid.

15.13 RECORDS RETENTION & RIGHT TO AUDIT: The County shall have the right to audit books and records of the Consultant as they pertain to this contract. Such books and records shall be maintained for a period of three (3) years from the date of final payment under the contract.

The County may conduct, or have conducted, performance audits of the Consultant. The County may conduct, or have conducted, audits of specific requirements of this solicitation as determined necessary by the County.

Pertaining to all audits, Consultant shall make available to the County access to its computer files containing the history of contract performance and all other documents related to the audit.

Additionally, any software used by the Consultant shall be made available for auditing purposes at no cost to the County.

15.14 PUBLIC ACCESS TO PROCUREMENT INFORMATION: Subject to the requirements of the Freedom of Information Act, commercial or financial information obtained in response to this RFP which is deemed privileged and confidential by the Offeror, will not be disclosed. Such privileged and confidential information should be clearly marked as such and includes information which if disclosed, might cause harm to the competitive position of the Offeror supplying the information. All Offerors, therefore, must visibly mark as "CONFIDENTIAL" each specific part of their proposal which such Offerors consider to contain proprietary or other privileged information.