RFP document

STATE OF GEORGIA

Georgia General Assembly Code Revision Commission

REQUEST FOR PROPOSALS

For

Publication of the

Official Code of Georgia Annotated And Related Services

Submit all questions about this RFP via email to:

Betsy Howerton

Deputy Legislative Counsel Office of Legislative Counsel

(404) 656-5000 betsy.howerton@legis.ga.gov

RELEASED ON:

October 18, 2021

DUE ON:

November 19, 2021, 5:00 P.M. Eastern Time

1. INTRODUCTION

1.1. Purpose of Procurement

The Code Revision Commission of the State of Georgia (“Commission”) is issuing this Request for Proposals ("RFP") for the purpose of selecting a contractor to be designated as the official distributor of the Official Code of Georgia Annotated (“Code”) and to provide for the publication, maintenance, distribution of the Code and other related services and deliverables.

1.2. Schedule of Events

This Request for Proposals will be governed by the following schedule:

October 18, 2021 Release of RFP

October 29, 2021 Deadline for written questions

November 8, 2021 Answers to written questions posted online by the Code Revision Commission

November 19, 2021 Proposals due

December 31, 2021 Contractor selected (on or about)*

February 18, 2022 Contractor begins work (on or about)*

The Commission reserves the right to require oral presentations at any time during the RFP process to obtain additional information.

* The Commission reserves the right to reject any or all proposals and the right to cancel the RFP.

1.3. Restrictions on Communications with Staff

All questions and comments about the RFP and the Offeror’s intention to bid must be submitted in writing via e-mail to:

Betsy Howerton

Office of Legislative Counsel 316 State Capitol

Atlanta, GA 30334 betsy.howerton@legis.ga.gov

From the issue date of this RFP until a contractor is selected and the selection is announced, Offerors are not allowed to communicate for any reason with any State of Georgia or Commission personnel except through the individual named herein, or during the Offeror's conference, if applicable, or as provided by existing work agreement(s). The Commission reserves the right to reject the proposal of any Offeror violating this provision. No questions or comments other than those written and sent via email as provided herein will be accepted. No response other than written will be binding upon the Commission. Responses to questions and, if applicable, comments shall be posted online and available for public inspection on the Georgia General Assembly website.

1.4.Duration of the Contract

The Commission intends to enter into an initial contract for a period of not more than five years.

At the discretion of the Commission, following the initial contract period, the contract may be renewed for a period of not more than five years. The Commission may consider entering into an initial contract or renewal contracts for shorter periods if circumstances indicate that such an approach would be in the state's best interests. Any contract must be subject to termination if a party is unable to perform, if performance is unsatisfactory, if funding is not available, or as otherwise provided for in the contract.

The Commission contemplates selecting a contractor by December 31, 2021, or as soon thereafter as possible. It is contemplated that the contract will be finalized and fully executed no later than February 18, 2022. The current contract expires March 1, 2022. The overlap period of time will be used to facilitate transition to a new contractor, if applicable.

1.5. Proposals based on fees and costs.

Taking into account all the requirements of this RFP, the Commission invites the Offeror to submit proposals on the basis of appropriate fees and costs for all aspects of the formatting, printing, binding, packaging, warehousing, distribution, and electronic publication of the Code as well as any additional responsibilities set forth in this RFP for each year of up to a five-year period, commencing on or about February 18, 2022.

The Offeror must include a completed cost proposal (Appendix B) that clearly states each major service or deliverable proposed by the Offeror and a corresponding cost for each such service or deliverable. In addition, the Offeror should include on the cost proposal an estimate of the public pricing for the Code in hard copy and electronic formats as described in this RFP. The cost proposal is intended to provide the Commission with a form that will facilitate their comparison of the respective proposals. The Offeror must also include a proposed payment and milestone schedule.

The Commission reserves the right to retain a percentage from one or more scheduled payments to Contractor until the Commission accepts specific deliverables as provided in the Contract and/or upon other terms agreed to by the parties.

1.6. Background

The Georgia General Assembly has biennial general sessions, beginning in each odd year. Regular sessions are held annually, beginning on the second Monday in January and lasting up to 40 legislative days, determined by an ongoing and frequently changing schedule set by the Georgia General Assembly. In recent years, with the exception of 2020, when the regular session was interrupted for several weeks and did not conclude until the end of June, the regular session has concluded sine die on or around the beginning of April, but has also extended into late April.

Upon completion of each regular session, the House of Representatives and the Senate prepare enrolled versions of all bills that passed both houses. These enrolled bills are sent to the Governor, who has 40 days after sine die to sign, veto, or let a bill take effect without his signature. Upon signature, Acts are sent to the contractor that has been designated by the Commission as the official distributor of the Official Code of Georgia Annotated to begin the process of updating the Code.

The Code consists of 53 hard bound volumes and three soft bound index volumes. The three soft bound index volumes and approximately six hard bound volumes are replaced each year as needed and approved by the Commission. The following link includes historical data relating to bills introduced and passed in each chamber of the Georgia General Assembly, as well as bills signed and vetoed by the Governor: https://www.legis.ga.gov/general-statutes.

Pursuant to O.C.G.A. Sections 28-9-3 and 28-9-5, the Code Revision Commission of the State of Georgia is authorized to select a contractor to provide for the publication of the Official Code of Georgia Annotated. The Code Revision Commission is made up of representatives from the Georgia House of Representatives, the Georgia Senate, and the State Bar of Georgia. The Office of Legislative Counsel acts as staff for the Commission pursuant to O.C.G.A. Section 28-9-4.

The Code is currently being published by Matthew Bender & Company, Inc., and has been published by LEXIS or its predecessor since 1981 under the current and previous contracts. The current contract expires on March 1, 2022.

2. REQUIRED SERVICES AND DELIVERABLES

This section includes the required services included in this procurement. The Offeror should carefully review these requirements and the terms and conditions set forth in the Contract attached hereto as Appendix A (“Contract”), which provides detailed requirements of the ongoing and updated publication of the Code and other related services and deliverables. The Offeror should also carefully review the current Publication Manual for the Official Code of Georgia Annotated attached hereto as Appendix C.

Subject to the provisions of Section 6.4.2 of this RFP, the Offeror is encouraged to provide detailed Contract exceptions or objections and to identify any provision in the RFP or the Contract that the Offeror contends should be considered for revision or deletion, or any contract provision which should be added, in order to accomplish the overall objective of providing for the publication of the Code and other related services and deliverables that are equal to or superior in style, format, appearance, and quality to the present Code in a timely, efficient, cost-effective manner and that serves the interests of the State of Georgia. Proposed exceptions that would give the Offeror a competitive advantage over other offerors may not be accepted. Proposals may include and cover any matter the Offeror believes is relevant to the Commission's consideration of its proposals; any suggestions that would enhance the product or services to be provided are welcome and will be considered in evaluating proposals. If the applicant wishes to propose an alternative to any requirement, the alternative must be clearly marked as an alternative or as an exception to the requirements.

https://www.legis.ga.gov/general-statutes

The Contractor shall be responsible for the following services and deliverables as provided in this RFP, the Contract, and the Publication Manual:

2.1. Publication and Editorial Duties.

Contractor shall be responsible for the ongoing publication and updating of the Code, and shall perform and provide all services necessary for the preparation and editorial revision of the Code.

2.2. Print Publication

a. Annual publication and distribution of print version of Code, including supplements, replacement volumes, and general index; and

b. Maintenance of inventory of additional printed Code sets, supplements, and volumes.

2.3. Online Public Access Annotated Code.

Contractor shall publish and maintain a free online annotated version of the Code which may be housed on Contractor’s Internet site.

2.4. Offline Edition

Contractor shall publish and distribute an Offline Edition of the Code for use throughout the state where internet access is limited or where only offline access is desired. Such Offline Edition shall be updated no less than quarterly, shall have a user-friendly and intuitive interface, and shall have advanced search features, including the ability to save searches for retrieval.

2.5. Miscellaneous

a. Electronic Data File. Contractor shall provide to the Commission an electronic data file containing the current Code and all state content.

b. Online Access for Legislators. Contractor shall arrange for each member of the General Assembly of Georgia to have access to at least one commercially available, fully searchable online database of Georgia primary law materials and federal statutory and case law materials for use by the members in their official duties during their term of office.

c. Database Compare. If requested, the Contractor shall provide for the electronic comparison of its Code database with the database of statutory text of the Commission. The comparison shall result in a document containing discrepancies between the databases.

d. Subscriber Information. Contractor shall furnish the Commission on an annual basis and upon request by the Commission the number of Subscribers to the Code.

e. Subscriber Assistance. Contractor shall maintain a toll-free telephone number and an e-mail address at which Code Subscribers and other purchasers may consult Contractor concerning billing, editorial, or index questions. Contractor also shall provide postage paid response and suggestion cards for the convenience of Subscribers and other purchasers.

f. Errata Notices. Whenever the Commission or Contractor discovers any errors or omissions in the electronic database or published materials comprising the Code, the Commission may direct Contractor to correct such errors and omissions, at Contractor's expense, through the correction of all databases, distribution of errata notices, paste-in correction sheets, or such other corrective matter as may be directed by the Commission.

g. Additional Technical Support and Related Services. Contractor shall provide such additional technical support and other related services as may be proposed by the Offeror.

3. TECHNICAL PROPOSAL

This section identifies the information which must be submitted in the Technical Proposal. Offeror must demonstrate their ability to satisfy all qualification and technical requirements as well as detail their plan to perform the required services.

3.1. Company Background and Experience

Offeror will describe their company background, ownership (subsidiary, affiliate, direct or indirect ownership relationships by another company), relevant experience, and qualifications. The Offeror must have at least ten (10) full consecutive years of experience as publisher or distributor of a state code or other similarly substantial legal publication.

3.1.1. Description of other State Codes

Provide a list of all statutory code work done in any state or states during the last ten (10) years.

The list must specify for each entry:

a. The state involved, including the name, address, and telephone number of the person supervising the statutory code contract work for the state;

b. Whether the work done in a state is pursuant to a contract executed with the state or an entity designated by law to act on behalf of the state;

c. Name of publication, and whether annotated or unannotated;

d. Whether the state or Offeror holds any copyright interest relating to the publication;

e. Date original contract signed, if applicable;

f. Date contract fulfilled, if applicable;

g. Editorial work provided;

h. Any variance (by percentage) from the originally contracted specifications for delivery date of final publication, cost to the state, or cost to individual purchasers;

i. Reasons for above variances;

j. Whether the Offeror is in whole or in part responsible for publication or ongoing maintenance of any online version of that state’s code and, if so, whether such online version is annotated or unannotated;

k. Current prices charged to the state and to the general public for the purchase of each of the printed bound volume publications for that state’s code; current prices charged to the state and to the general public for the purchase of offline (e.g., e-book, flash drive, CD-ROM, DVD) versions of that state’s code; and current prices charged to the state and to the general public for purchase of or access to the online version of that state’s code.

l. Assistance provided for data processing operations within the state (whether part of a contract or not); and

m. Any contract or services terminated by a client(s) and the reason(s) for termination.

3.1.2. Subscriber Complaints

State the Offeror’s practices and procedures to be followed in handling the problems and complaints of subscribers on any aspect in the publication, sale, editorial content, or indexing of the Code and for reporting to the Commission on those matters.

3.1.3. Financial Stability

The Offeror will provide financial information that would allow proposal evaluators to ascertain the financial stability of the firm.

a. If a public company, the Offeror will provide their most recent audited financial report.

b. If a private company, the Offeror will provide a copy of their most recent internal financial statement, and a letter from their financial institution, on the financial institution’s letterhead, stating the Offeror’s financial stability.

3.1.4. Disclosure Requirement

If an Offeror has any existing client relationship that involves the State of Georgia or any existing client relationship which presents an actual or potential conflict of interest with the Georgia General Assembly, the Offeror shall disclose each such relationship.

3.2. Staff Experience

State in resume form the qualifications of the Offeror’s principal editorial staff members who will actually be assigned to the publication of the Code and the number, qualifications, and experience of other editorial personnel to be assigned. Those resumes must state the education, position in the firm, years and types of experience, and knowledge of Georgia law possessed by the principal editorial staff members. If the editorial staff members will not be devoting fifty percent (50%) or more of their time to Georgia, their other responsibilities must be indicated. If the Offeror intends to seek the Commission’s consent to use subcontractors to accomplish any part of its responsibilities under the contract, the Offeror must submit the same information on each subcontractor as required of the Offeror.

3.3. Proposed Solution

3.3.1. Technical Requirements

The Offeror must detail their plan on how they would perform the services under the contract to meet all the technical requirements set out in Section 2.0 of this RFP and in the Contract. In addition, the Offeror’s proposal must express how the service that the Offeror proposes to provide would be most advantageous to the state and to potential users and purchasers of the Code, including attorneys, judges, governmental employees, and members of the general public.

3.3.2. Billing Practices

The Offeror must state its billing practices and procedures to be followed in sales to private parties and to the State or any agency thereof. Specifically include the Offeror’s policies on floats and interest charges for late payments.

4. PROPOSAL SUBMISSION

4.1. Preparation of Proposal

Each proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. If supplemental materials are a necessary part of the technical proposal, the Offeror should reference these materials in the technical proposal, identifying the document(s) and citing the appropriate section and page(s) to be reviewed.

4.2. Packaging of Proposal

The Offeror's proposal in response to this RFP must be divided into two separate appropriately labeled and sealed packages - a Technical Proposal and a Cost Proposal. Do not include cost information in the Technical Proposal. Any Technical Proposal which includes cost information is subject to being rejected.

The contents of each package will include:

a. Technical Proposal

1. Technical Proposal, addressing all requirements in Sections 2.0 and 3.0 of this RFP

2. Contract Exceptions (Appendix A)

b. Cost Proposal

1. The Offeror must use the Cost Proposal form (Appendix B)

Do not include cost information in the Technical Proposal. Any Technical Proposal which includes cost information is subject to being rejected.

4.3. Submission of Proposals

Proposals must be submitted no later than 5:00 p.m. Eastern time on November 1, 2021 via email to betsy.howerton@legis.ga.gov. Any proposal received after the due date and time will not be evaluated.

5. EVALUATION

5.1. Evaluation Process

The proposals received on or before the due date and time will be evaluated by the Commission and its staff and may be evaluated by any outside individuals or entities in the sole discretion of the Commission. The technical proposals and cost proposals will be evaluated to determine the overall proposal which is most advantageous to the State and to users of the Code and its related products. The Commission may award a contract pursuant to this RFP to the vendor which it deems, in the Commission's sole discretion, to be the most advantageous to the State and to users of the Code and its related products.

5.2. Site Visits and Oral Presentations

The Commission reserves the right to conduct site visits or to invite Offerors to present their technical proposal to the Commission or its staff in person or by virtual means. Cost information must not be discussed during the oral presentation or any site visits, if conducted.

5.3. Best and Final Offers

At the Commission’s discretion, the Commission may request best and final offers from one or more offerors for the purpose of obtaining the offer that would be the most advantageous to the mailto:betsy.howerton@legis.ga.gov state. Such best and final offers will be required within 24 hours of the request, if made, unless otherwise specified by the Commission.

5.4. Rejection of Proposals/Cancellation of RFP

The Commission reserves the right to reject any or all proposals, to waive any irregularity or informality in a proposal, and to accept or reject any item or combination of items, when to do so would be to the advantage of the State. It is also within the right of the Commission to reject proposals that do not contain all elements and information requested in this document. The Commission reserves the right to cancel this RFP at any time. The Commission will not be liable for any cost/losses incurred by the Offeror throughout this process.

6. TERMS AND CONDITIONS

6.1. RFP Amendments

The Commission reserves the right to amend this RFP prior to the proposal due date. Offerors are encouraged to check the Georgia General Assembly website frequently for notice of amendments

6.2. Proposal Withdrawal

A submitted proposal may be withdrawn prior to the due date by a written request to the individual named in Section 1.3. A request to withdraw a proposal must be signed by an authorized individual.

6.3. Cost for Preparing Proposals

The cost for developing the proposal is the sole responsibility of the Offeror. The Commission will not provide reimbursement for such costs.

6.4. Acceptance of Terms and Conditions

6.4.1. Each proposal must indicate the Offeror’s acceptance of or agreement to each requirement set out in this RFP. Each proposal must identify whether the applicant takes exception to or otherwise objects to any provision in the Contract and provide the basis for such exception or objection.

6.4.2. Notwithstanding the provisions of Section 6.4.1, submission of a proposal constitutes acceptance of the terms, conditions, criteria, requirements, and evaluations set forth in the RFP and operates as a waiver of any and all objections to the contents of the RFP, including, without limitation, any objections to the process that the Commission uses to evaluate the proposals and award the contract.

6.5. Contract

The Contract which the Georgia General Assembly intends to use with the successful Offeror is attached to this RFP as Appendix A. Exceptions to the Contract should be identified and submitted with the Offeror's Technical Proposal. Proposed exceptions must not conflict with or attempt to preempt mandatory requirements specified in Section 2.0. Proposed exceptions that would give the Offeror a competitive advantage over other offerors may not be accepted.

Prior to award, the Offeror selected pursuant to Section 5.0 will be required to enter into discussions with the Commission to resolve any contractual differences before an award is made.

These discussions are to be finalized and all exceptions resolved within one (1) week of notification. Failure to resolve contractual differences will lead to rejection of the Offeror's proposal.

The Commission reserves the right to modify the Contract to be consistent with the successful offer and to negotiate with the successful Offeror other modifications.

6.6. Compliance with Laws

The Contractor will comply with all State and Federal laws, rules, and regulations.