RFP Document.pdf

Dated 10/16/23

STATE OF SOUTH DAKOTA

Governor’s Office of Economic Development 711 E Wells Ave.

Pierre, SD 57501

Community Development Block Grant Disaster Recovery Administration

PROPOSALS ARE DUE NO LATER THAN 5:00 PM, March 12, 2025

RFP #: 25RFP13780 State POC: Jack Valentine EMAIL: jack.valentine@sdgoed.com

READ CAREFULLY

FIRM NAME: AUTHORIZED SIGNATURE:

ADDRESS: TYPE OR PRINT NAME:

CITY/STATE: TELEPHONE NO:

ZIP (9 DIGIT): FAX NO:

E-MAIL:

PRIMARY CONTACT INFORMATION

CONTACT NAME: TELEPHONE NO:

FAX NO: E-MAIL:

1.0 GENERAL INFORMATION

1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

In the summer of 2024, the State of South Dakota suffered a devastating flood. In response, U.S.

Department of Housing and Urban Development (HUD) has awarded the State with up to $15,375,000 in Community Development Block Grant Disaster Recovery Funds. The State of South Dakota has limited staff, and limited experience administering such funds, and is seeking qualified respondents to provide full-service administrative services of the CDBG-DR award under Universal Notice Docket No. FR-6512-N-01.

1.2 ISSUING OFFICE AND RFP REFERENCE NUMBER

The Governor’s Office of Economic Development (GOED) is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota, GOED. The reference number for the transaction is RFP # 25RFP13780. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.

1.3 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

RFP Publication February 28, 2025 Offeror Questions Due Responses to Offeror Questions

March 5,2025 March 7, 2025

Proposal Submission 5:00 PM, March 12, 2025 Anticipated Award Decision/Contract Negotiation March 19, 2025

1.4 SUBMITTING YOUR PROPOSAL

All proposals must be completed and received in the GOED by the date and time indicated in the Schedule of Activities.

Proposals received after the deadline will be late and ineligible for consideration.

Proposals may be submitted electronically or via mail.

Via mail, The sealed envelope should be marked with the appropriate RFP Number and Title.

Proposals should be addressed and labeled as follows:

REQUEST FOR PROPOSAL # 25RFP13780

PROPOSAL DUE March 12, 2025 STATE POC Jack Valentine Governor’s Office of Economic Development 711 E Wells Ave

Pierre SD 57501

The electronic version should be provided in PDF format to jack.valentine@sdgoed.com. The subject line should read RFP# 25RFP13780

All proposals must be signed by an officer of the responder, legally authorized to bind the responder to the proposal, and sealed in the form intended by the respondent. Proposals that are not properly signed may be rejected.

mailto:jack.valentine@sdgoed.com

No proposal shall be accepted from, or no contract or purchase order shall be awarded to any person, firm or corporation that is in arrears upon any obligations to the State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by the State of South Dakota.

1.5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

By signing and submitting this proposal, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the offeror is unable to certify to any of the statements in this certification, the bidder shall attach an explanation to their offer.

1.6 NON-DISCRIMINATION STATEMENT

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the offeror certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin or disability.

1.7 CERTIFICATION RELATING TO PROHIBITED ENTITY

For contractors, vendors, suppliers, or subcontractors who enter into a contract with the State of South Dakota by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by SDCL 5-18A. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.8 RESTRICTION OF BOYCOTT OF ISRAEL

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.9 CERTIFICATION OF NO STATE LEGISLATOR INTEREST

Offeror (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to any Agreement entered into as a result of this RFP. By signing an Agreement pursuant to this RFP, Offeror hereby certifies that the Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

1.10 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn by the offeror prior to the established due date and time.

No oral, telephonic, telegraphic or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered.

1.11 OFFEROR INQUIRIES

Offerors may email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. Inquiries must be emailed to Jack Valentine at jack.valentine@sdgoed.com with the subject line “RFP #

25RFP13780”.

The State will to respond to offeror’s inquiries (if required) via e-mail. In addition, all inquiries and the State’s response will be posted on the state’s e-procurement system. Offerors may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP. Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP.

1.12 PROPRIETARY INFORMATION

The proposal of the successful offeror(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements.

An entire proposal may not be marked as proprietary. Offerors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected. The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

1.13 LENGTH OF CONTRACT

The contract will begin upon the awarding of the contract and end December 31, 2028.

1.14 GOVERNING LAW

Venue for any and all legal action regarding or arising out of the transaction covered herein shall be solely in state circuit court, Sixth Judicial Circuit, Hughes County, Pierre, South Dakota. The laws of the State of South Dakota shall govern this transaction.

1.15 DISCUSSIONS WITH OFFERORS (ORAL PRESENTATION/NEGOTIATIONS)

An oral presentation by an offeror to clarify a proposal may be required at the sole discretion of the State. However, the State may award a contract based on the initial proposals received without discussion with the Offeror. If oral presentations are required, they will be scheduled after the submission of proposals. Oral presentations will be made at the offeror’s expense.

This process is a Request for Proposal/Competitive Negotiation process. Each Proposal shall be evaluated, and each respondent shall be available for negotiation meetings at the State’s request.

The State reserves the right to negotiate on any and/or all components of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a working document and as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

2.0 STANDARD CONTRACT TERMS AND CONDITIONS

Any contract or agreement resulting from this RFP will include the State’s standard terms and conditions as listed below, along with any additional terms and conditions as negotiated by the parties:

2.1 The Contractor will perform those services described in the Scope of Work, attached hereto as

Section 3 of the RFP and by this reference incorporated herein.

2.2 The Contractor’s services under this Agreement shall commence on ____TBD____ and end on ____TBD____, unless sooner terminated pursuant to the terms hereof.

2.3 The Contractor will not use State equipment, supplies or facilities. The Contractor will provide the

State with its Employer Identification Number, Federal Tax Identification Number or Social Security Number upon execution of this Agreement.

2.4 The State will make payment for services upon satisfactory completion of the services. The TOTAL

CONTRACT AMOUNT is an amount not to exceed $____TBD____. The State will not pay Contractor's expenses as a separate item. Payment will be made pursuant to itemized invoices submitted with a signed state voucher. Payment will be made consistent with SDCL ch. 5-26.

2.5 The Contractor agrees to indemnify and hold the State of South Dakota, its officers, agents and employees, harmless from and against any and all actions, suits, damages, liability or other proceedings that may arise as the result of performing services hereunder. This section does not require the Contractor to be responsible for or defend against claims or damages arising solely from errors or omissions of the State, its officers, agents or employees.

2.6 The Contractor, at all times during the term of this Agreement, shall obtain and maintain in force insurance coverage of the types and with the limits as follows:

A. Commercial General Liability Insurance:

The Contractor shall maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two times the occurrence limit.

B. Professional Liability Insurance or Miscellaneous Professional Liability Insurance:

The Contractor agrees to procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than $1,000,000.00.

C. Business Automobile Liability Insurance:

The Contractor shall maintain business automobile liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each accident. Such insurance shall include coverage for owned, hired and non-owned vehicles.

D. Worker’s Compensation Insurance:

The Contractor shall procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota law.

Before beginning work under this Agreement, Contractor shall furnish the State with properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement. In the event a substantial change in insurance, issuance of a new policy, cancellation or nonrenewal of the policy, the Contractor agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required. Contractor shall furnish copies of insurance policies if requested by the State.

2.7 While performing services hereunder, the Contractor is an independent contractor and not an officer, agent, or employee of the State of South Dakota.

2.8 Contractor agrees to report to the State any event encountered in the course of performance of this Agreement which results in injury to the person or property of third parties, or which may otherwise subject Contractor or the State to liability. Contractor shall report any such event to the State immediately upon discovery.

Contractor's obligation under this section shall only be to report the occurrence of any event to the State and to make any other report provided for by their duties or applicable law. Contractor's obligation to report shall not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications). Reporting to the State under this section shall not excuse or satisfy any obligation of Contractor to report any event to law enforcement or other entities under the requirements of any applicable law.

2.9 This Agreement may be terminated by either party hereto upon thirty (30) days written notice. In the event the Contractor breaches any of the terms or conditions hereof, this Agreement may be terminated by the State at any time with or without notice. If termination for such a default is affected by the State, any payments due to Contractor at the time of termination may be adjusted to cover any additional costs to the State because of Contractor's default. Upon termination the State may take over the work and may award another party an agreement to complete the work under this Agreement. If after the State terminates for a default by Contractor it is determined that Contractor was not at fault, then the Contractor shall be paid for eligible services rendered and expenses incurred up to the date of termination.

2.10 This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, this Agreement will be terminated by the State. Termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State.

2.11 This Agreement may not be assigned without the express prior written consent of the State. This

Agreement may not be amended except in writing, which writing shall be expressly identified as a part hereof and be signed by an authorized representative of each of the parties hereto.

2.12 This Agreement shall be governed by and construed in accordance with the laws of the State of

South Dakota. Any lawsuit pertaining to or affecting this Agreement shall be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

2.13 The Contractor will comply with all federal, state and local laws, regulations, ordinances, guidelines, permits and requirements applicable to providing services pursuant to this Agreement, and will be solely responsible for obtaining current information on such requirements.

2.14 The Contractor may not use subcontractors to perform the services described herein without the express prior written consent of the State. The Contractor will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this Agreement, to indemnify the State, and to provide insurance coverage for the benefit of the State in a manner consistent with this Agreement. The Contractor will cause its subcontractors, agents, and employees to comply, with applicable federal, state and local laws, regulations, ordinances, guidelines, permits and requirements and will adopt such review and inspection procedures as are necessary to assure such compliance.

2.15 Contractor hereby acknowledges and agrees that all reports, plans, specifications, technical data, miscellaneous drawings, software system programs and documentation, procedures, or files, operating instructions and procedures, source code(s) and documentation, including those necessary to upgrade and maintain the software program, and all information contained therein provided to the State by the Contractor in connection with its performance of services under this Agreement shall belong to and is the property of the State and will not be used in any way by the Contractor without the written consent of the State. Papers, reports, forms, software programs, source code(s) and other material which are a part of the work under this Agreement will not be copyrighted without written approval of the State.

2.16 The Contractor certifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment or suspension, or declared ineligible from participating in transactions by the federal government or any state or local government department or agency.

Contractor further agrees that it will immediately notify the State if during the term of this Agreement Contractor or its principals become subject to debarment, suspension or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency.

2.17 Any notice or other communication required under this Agreement shall be in writing and sent to the address set forth above. Notices shall be given by and to Jack Valentine, Finance Director, GOED, on behalf of the State, and by the authorized member or representative, on behalf of the Contractor, or such authorized designees as either party may from time to time designate in writing. Notices or communications to or between the parties shall be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination shall be sent by registered or certified mail, or, if personally delivered, when received by such party.

2.18 In the event that any court of competent jurisdiction shall hold any provision of this Agreement unenforceable or invalid, such holding shall not invalidate or render unenforceable any other provision hereof.

2.19 All other prior discussions, communications and representations concerning the subject matter of this Agreement are superseded by the terms of this Agreement, and except as specifically provided herein, this Agreement constitutes the entire agreement with respect to the subject matter hereof.

3.0 SCOPE OF WORK

3.1 Pre-Award Regulatory Support

3.1.1 Waiver Research and Development – determine the current or potential need for waivers for regulatory requirements as an initial step following the publication of the Universal Notice (and other HUD issued guidance). This effort will entail an assessment of the statutory requirements outlined in the Notice and determinations relative to possible challenges with GOED’s ability to comply with said requirements due to the nature of the disaster, the location of impacts, the populations impacted, and the programs needed for an effective recovery, among other factors.

3.1.2 Draft language for waiver requests based upon the aforementioned assessment, partnering with GOED personnel and consultants to ensure there is a clear understanding of the impacts of the waiver request and approval/denial.

3.2 Community Development Block Grant-Disaster Recovery (CDBG-DR) Action Plan and

Certifications

3.2.1 Action Plan Summary, Certifications Outline, and Work Plan: Develop and submit a work plan placed on the HUD requirements using the Universal Notice and the needs of the State of South Dakota. The work plan will include a timeline (milestone dates) related to completing all sections of the Action Plan, include the impact and unmet needs assessment, mitigation needs assessment, method(s) of distribution, program development, cross cutting requirements, and development of mitigation data and plans.

3.2.2 Community and Stakeholder Outreach: Drive and support the GOED’s public outreach and engagement related to the CDBG-DR Action Plan in disaster impacted areas. This will include logistical support, development of presentations and handouts, and documenting comments and questions from meeting attendees.

3.2.3 Community and Stakeholder Outreach: Drive and support the GOED’s public outreach and engagement related to the CDBG-DR Action Plan in disaster impacted areas. This will include logistical support, development of presentations and handouts, and documenting comments and questions from meeting attendees.

3.2.4 Unmet Needs Assessment:

3.2.4.1 HUD requires all grantees submitting an Action Plan to assess the unmet needs in housing, economic development, infrastructure, vulnerable populations, and resilient needs in the impacted areas. A methodology is defined in each Universal Notice and typically outlines an assessment of data from federal (FEMA, SBA), state, and local government programs, impacts to stakeholders, vulnerable populations, Native American tribes, most impacted and distressed areas, and gaps in resilient needs. The unmet needs assessment must analyze the impacts based on income and demographic data.

3.2.4.2 Using the best available data from the GOED and its partners including FEMA and insurance company providers, develop and draft the unmet needs assessment. If additional outreach to local or federal partners is needed, coordinate efforts with appropriate GOED staff.

3.2.4.3 Deliver draft unmet needs assessment to GOED staff for review and input during the Action Plan development process.

3.2.4.4 Ensure all relevant comments and edits on the assessment are incorporated in the final Action Plan.

3.2.5 Mitigation Needs Assessment

3.2.5.1 HUD will require all grantees submitting a CDBG-DR Action Plan to assess the mitigation needs for housing, economic development, infrastructure, vulnerable populations, and resilience in the impacted areas. A methodology is likely to be defined in Universal Notice which may outline an assessment of data from Federal (FEMA, SBA, and NFIP), state, and local government programs, impacts to stakeholders, vulnerable populations, Native American tribes, most impacted and distressed areas, and gaps in resilient needs. This mitigation needs assessment may be required to analyze the mitigation impacts based on income and demographic data.

3.2.5.2 Use the best available data from GOED, or other federal and state agencies, as well as proven mitigation best practices. Coordinate outreach to state, local, or federal partners with appropriate GOED staff.

3.2.5.3 A draft mitigation needs assessment will be delivered to GOED staff for review and input during the Action Plan development process. Vendor will then incorporate all edits and incorporate then into the final CDBG-DR Action Plan.

3.2.6 Method of Distribution and Overall Benefit

3.2.6.1 Outline the method of distribution of the CDBG-DR funds in the Action Plan. The method of distribution must align with the overall benefit requirement in the Universal Notice.

3.2.6.2 Develop a budget for the Action Plan reflective of the method of distribution of funds to each program that will outline the program delivery costs and administrative costs for the grant.

3.2.6.3 The method(s) of distribution will also describe the method(s) of implementing the recovery and mitigation programs, whether at the state or local level, or through subgrantees or subrecipients.

3.2.6.4 Ensure the method(s) of distribution meets the needs of the impacted communities and aligns with the unmet needs and mitigation needs assessments and the projected expenditures are reflective of the overall benefit requirements.

3.2.7 Recovery Program Design

3.2.7.1 Based on the results of the unmet needs and mitigation needs assessments, work directly with GOED staff to design programs to meet the recovery and mitigation needs in the areas of housing (homeowner and rental, single-family and multi-family), economic development, public infrastructure, planning, vulnerable populations, and resilient mitigation.

3.2.7.2 Set up regular recovery/mitigation program design meetings to discuss and track policy decisions as programs are being developed.

3.2.7.3 For each program, the vendor will ensure that it meets an eligible activity, the proposed national objective is identified, and there is a detailed description of the proposed beneficiaries.

3.2.8 Administrative and Cross Cutting Requirements

3.2.8.1 Draft all remaining administrative cross-cutting requirements required for the Action Plan as outlined in the Universal Notice (and other HUD issued guidance).

These policies include green building standards, broadband infrastructure standards, minimizing displacement as a result of program implementation, program income, calculation of duplication of benefits for all programs, contractor complaint procedures, monitoring and compliance plan for the grant and preventing fraud, waste, abuse and mismanagement of funds.

3.2.8.2 The Action Plan will outline how it aligns and coordinates with resilience and planning initiatives currently in place or underway at the State and Local level.

3.2.8.3 The Action Plan must include the applicable Citizen Participation Plans as identified in the Notice. The vendor will work with GOED to modify as needed, the current Citizen Participation Plan to reflect the specific requirements outlined in the Notice. When possible, utilize the current citizen participation plan policies and procedures. The Citizen Participation Plan must outline the procedures for engaging elderly and vulnerable populations, Limited English Proficient (LEP) communities, and those with disabilities. The Citizen Participation Plan must also be updated to reflect the Action Plan amendment process and the outreach and engagement strategy for ensuring the public can provide feedback on the proposed methods for expending CDBG-DR funds.

3.2.9 Deliverables

3.2.9.3 Provide an Action Plan development work plan and timeline.

3.2.9.4 Provide a summary of the Universal Notice (and other HUD -issued guidance) in English and any other documents as required by the Language Access Plan.

3.2.9.5 Provide an updated Action Plan development work plan and timeline, pursuant to any new and applicable information in Notices.

3.2.9.6 Draft unmet needs assessment

3.2.9.7 Draft mitigation needs assessment

3.2.9.8 Draft program design for unmet recovery and mitigation programs that are responsive to the needs assessment and all funding requirements.

3.2.9.9 Complete a draft Action Plan for GOED review.

3.2.9.10 Pursuant to timelines required by GOED, provide draft Action Plan for review and comment.

3.2.9.11 Pursuant to timelines identified in the applicable Universal Notice, provide final

Action Plan packaged for delivery to HUD.

3.2.9.12 Finalize documents incorporating HUD comments.

3.2.9.13 Provide final, approved Action Plan for posting on the applicable state website.

3.3 Certifications and Implementation Plan

3.3.1 Update GOED Certifications of Proficient Controls

3.3.1.1 Support GOED with completing the Certifications of Proficient Controls for submission to HUD.

3.3.1.2 Certifications of Proficient Controls include the following: organizational structure, demonstration of adequate financial controls, internal and external audit functions, federal procurement policies, prevention of duplication of benefits policies, procedures for timely expenditure of funds, procedures to maintain a comprehensive website related to disaster recovery programs, and procedures to detect and prevent fraud, waste and abuse.

3.3.1.3 Coordinate with GOED staff to compile all policies and procedures related to the Certifications, and if necessary, draft policies needed for submission to HUD.

3.3.2 • Update GOED Implementation Plan and Capacity Assessment

3.3.2.1 GOED will be required to demonstrate that it has sufficient capacity to manage the appropriated CDBG-DR funds and the associated risks.

3.3.2.2 Work with GOED to prepare a package of information that demonstrates its ability to provide timely information to program applicants on the status of their applications, that GOED has assessed it capacity and has a plan to address any identified capacity gaps; that GOED has assessed its staffing and has a plan to address any identified staffing gaps, that there is a plan to effectively coordinate internally and across agencies; that GOED has a plan to provide technical assistance to its current staff and those employed following the submittal of the plan; and that there is clear delineation of roles and responsibilities with respect to management and administration of the CDBG-DR funds.

3.3.3 Deliverables

3.3.3.1 Draft Certifications of Proficient Controls and Implementation Plan packages.

3.3.3.2 Final Certifications of Proficient Controls and Implementation Plan to submit to HUD by the deadline published in the authorizing Universal Notice for the CDBG- DR funds.

3.4 Community & Stakeholder Engagement

3.4.1 Develop Communication and Outreach Strategy

3.4.1.1 Assess and identify key communications needs and types of messaging (print, electronic, email/phone, radio, television) and a public meeting outreach and engagement strategy to notify citizens of public meetings and encourage attendance.

3.4.1.2 Coordinate communications and messaging with senior leadership at GOED and other State, County or local agencies as needed.

3.4.1.3 Support GOED staff for development of media advisories and correspondence with media requests for information.

3.4.2 Establish Coordination Team and Stakeholder List

3.4.2.1 Identify core staff within GOED and state/local agencies to evaluate existing stakeholder lists in previous outreach efforts. Build out a stakeholder database and maintain as stakeholders are added throughout the process.

3.4.3 Create Outreach Materials

3.4.3.1 Support GOED staff in the development of fact sheets, talking points, presentations, media advisories, email language, flyers and social media posts.

3.4.3.2 Assist GOED with conducting public, stakeholder, and focus group meetings

3.4.4 Stakeholder & Public Meeting Approach

3.4.4.1 Develop and draft detailed approach and strategy for identifying and engaging stakeholders, including but not limited to the impacted jurisdictions and citizens (survivors in temporary housing both in and out of the state), nonprofits, philanthropic groups, tribes, and local recovery groups

3.4.4.2 Develop and draft communication plan for the impacted areas within Union County

3.4.4.3 Draft packet of materials at different stages of progress for distribution to public officials, nonprofits and residents explaining CDBG-DR, timelines, eligible costs, and where to stay updated on information.

3.4.4.4 Create regionally appropriate presentations on CDBG-DR and state process for presentation to existing nonprofit/resident/community groups.

3.4.5 Meeting Logistics and Coordination

3.4.5.1 Assist the GOED with coordinating logistics with impacted counties, municipalities, and elected officials, including meeting locations and technology support.

3.4.5.2 Produce, distribute and collect sign-in sheets and record meeting minutes, including all comments and questions at all meetings.

3.4.5.3 Deliverables

3.4.5.3.1 On-demand communications and messaging support, including development of engagement materials

3.4.5.3.2 Establish coordination team and stakeholder list

3.5 Assessment of Administrative Capacity

3.5.1 Evaluate Administrative Capacity

3.5.1.1 Assess the organizational capacity to administer anticipated funding, emphasizing the existence and use of clear policies and procedures.

3.5.1.2 Where appropriate, identify critical capacity building needs and develop plan for providing the needed support.

3.5.2 Conduct Administrative Capacity Assessment for County and Local Governments

3.5.2.1 Conduct capacity assessments for the following county: Union County.

3.5.2.2 Provide a capacity assessment plan and tools to be used for assessment.

3.5.2.3 Conduct the assessments and provide outcomes and recommendations to

GOED including risk analysis

3.5.2.4 Deliverables

3.5.2.4.1 Issue reports, at a minimum one each, pending method of distribution decisions from GOED detailing the capacity of each unit of local government to administer CDBG-DR funding

3.6 Project Management and Coordination

3.6.1 Coordination with State and Local Officials

3.6.1.1 Facilitate regular project status meetings with GOED, any other State agencies as needed, and local officials

3.6.1.2 Maintain close coordination with identified personnel at the state and local levels to ensure questions are addressed and issues are resolved in a timely manner.

3.6.1.3 Provide weekly progress updates to GOED regarding the status of tasks outlined above.

3.6.2 Management of Tasks and Deliverables

3.6.2.1 Develop a work plan inclusive of specific tasks and deliverables and the timelines associated with each component.

3.6.2.2 Ensure there is a clear understanding of roles and responsibilities across state, local, and consultant team personnel as it relates to the successful and timely completion of all tasks and deliverables.

3.6.2.3 Deliverables

3.6.2.3.1 Weekly project status meetings

3.6.2.3.2 Work plan inclusive of tasks, deliverables, and individual(s) assigned to lead or support the completion of each item.

3.7 Establishment of Program charters, timelines, goals, metrics and deliverables.

3.8 Document control and management

3.9 Unmet Needs Analysis and Policy Review

3.10 Program and financial compliance requirements and local financial procedural support

3.11 Technical Support of communications strategy

3.12 Development of monitoring plans and execution of said plans

3.13 Program and operations management for all CDBG-DR and Programs under this Universal Notice

3.14 Acquisition and buy-out duties (as necessary)

3.15 All allowable reporting required in the Disaster Recovery Grant Reporting (DRGR) System or its equivalent.

3.16 Training/Outreach support for grant recipients, partners, and GOED Staff.

3.17 Other support and consulting functions for the management of this Universal Notice as required by

GOED

3.18 GOED anticipates the firm/individual will use current and future plans to make recommendations for use of funds to GOED. GOED further anticipates that the firm/individual will be aware of and be the lead agency on all aspects of projects approved for funding by GOED using CDBG-DR and/or funds received and awarded under this Universal Notice.

4 PROPOSAL REQUIREMENTS AND COMPANY QUALIFICATIONS

4.5 The offeror is cautioned that it is the offeror's sole responsibility to submit information related to the evaluation categories and that the State of South Dakota is under no obligation to solicit such information if it is not included with the proposal. The offeror's failure to submit such information may cause an adverse impact on the evaluation of the proposal.

4.6 Offeror's Contacts: Offerors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the evaluation, etc. to the buyer of record indicated on the first page of this RFP. Offerors and their agents may not contact any state employee other than the buyer of record regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Offerors and their agents who have questions regarding this matter should contact the buyer of record.

4.7 Provide the following information related to at least three previous and current service/contracts, performed by the offeror’s organization, which are similar to the requirements of this RFP.

a. Name, address and telephone number of client/contracting agency and a representative of that agency who may be contacted for verification of all information submitted;

b. Dates of the service/contract; and

c. A brief, written description of the specific prior services performed and requirements thereof.

4.4 Offer should have the following minimum qualifications:

a. Applicant should have a working knowledge of HUD, CDBG, and CDBG-DR programs governing subrecipients and training requirements. The selected applicant must be thoroughly familiar with the requirements of 2 CFR 200, 24 CFR 570 and FR–6393–N–01.

b. Completion of similar projects completed by the bidder within the past five (5) years.

c. Experience in projects of size and scope created for HUD recipients

d. Provide a description of Local, State or regional experience;

e. Copies of professional certifications or other credentials, together with evidence that bidder, if a corporation, is qualified to conduct business in the State of South Dakota

5 PROPOSAL RESPONSE FORMAT

5.5 An original shall be submitted either via mail or electronically.

5.5.1 The proposal should be page numbered and should have an index and/or a table of contents referencing the appropriate page number.

5.6 All proposals must be organized and tabbed with labels for the following headings:

5.6.1 RFP Form. The State’s Request for Proposal form (1st page of RFP) completed and signed.

5.6.2 Executive Summary. The one-to-two-page executive summary is to briefly describe the offeror's proposal. This summary should highlight the major features of the proposal. It must indicate any requirements that cannot be met by the offeror. The reader should be able to determine the essence of the proposal by reading the executive summary.

Proprietary information requests should be identified in this section.

5.6.3 Detailed Response. This section should constitute the major portion of the proposal and must contain at least the following information:

5.6.3.1 A complete narrative of the offeror's assessment of the work to be performed, the offeror’s ability and approach, and the resources necessary to fulfill the requirements. This should demonstrate the offeror's understanding of the desired overall performance expectations.

5.6.3.2 A specific point-by-point response, in the order listed, to each requirement in the

RFP. The response should identify each requirement being addressed as enumerated in the RFP.

5.6.3.3 A clear description of any options or alternatives proposed.

5.6.4 Attachments:

5.6.4.1 Certification Regarding Debarment and Suspension

5.6.4.2 Conflict of Interest Statement

5.6.4.3 Discrimination Against Israel Affidavit

5.6.4.4 Anti-Lobbying Certification

5.6.4.5 Secondary Employment Questionnaire

5.6.5 Cost Proposal. Cost will be evaluated independently from the technical proposal.

Offerors may submit multiple cost proposals. All costs related to the provision of the required services must be included in each cost proposal offered.

See section 7.0 for more information related to the cost proposal.

6 PROPOSAL EVALUATION AND AWARD PROCESS

6.5 After determining that a proposal satisfies the mandatory requirements stated in the Request for Proposal, the evaluator(s) shall use subjective judgment in conducting a comparative assessment of the proposal by considering each of the following criteria:

6.5.1 Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements;

6.5.2 Resources available to perform the work, including any specialized services, within the specified time limits for the project;

6.5.3 Record of past performance, including price and cost data from previous projects, quality of work, ability to meet schedules, cost control, and contract administration;

6.5.4 Availability to the project locale;

6.5.5 Familiarity with the project locale;

6.5.6 Proposed project management techniques; and

6.5.7 Ability and proven history in handling special project constraints.

6.6 Experience and reliability of the offeror's organization are considered subjectively in the evaluation process. Therefore, the offeror is advised to submit any information which documents successful and reliable experience in past performances, especially those performances related to the requirements of this RFP.

6.7 The qualifications of the personnel proposed by the offeror to perform the requirements of this RFP, whether from the offeror's organization or from a proposed subcontractor, will be subjectively evaluated. Therefore, the offeror should submit detailed information related to the experience and qualifications, including education and training, of proposed personnel.

6.8 The State reserves the right to reject any or all proposals, waive technicalities, and make award(s) as deemed to be in the best interest of the State of South Dakota.

6.9 Award: The requesting agency and the highest ranked offeror shall mutually discuss and refine the scope of services for the project and shall negotiate terms, including compensation and performance schedule.

6.9.1 If the agency and the highest ranked offeror are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the agency, the agency shall, either orally or in writing, terminate negotiations with the contractor. The agency may then negotiate with the next highest ranked contractor.

6.9.2 The negotiation process may continue through successive offerors, according to agency ranking, until an agreement is reached or the agency terminates the contracting process.

7 COST PROPOSAL

7.1 Offerors shall submit the specified fixed hourly rate.

7.5.1 Pricing is fixed during length of contract

7.5.2 Hourly rates should not include expenses. Expenses will be reimbursed at cost

Attachment A

DEBARMENT CERTIFICATION FORM

The Contractor certifies that, neither the Contractor firm nor any owner, partner, director, officer, or principal of the Contractor, nor any person in a position with management responsibility or responsibility for the administration of federal funds:

(a) Is presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any federal or state department/agency;

(b) Has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Is presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or

(d) Has within a three-year period preceding this certification had one or more public transactions or contracts (federal, state, or local) terminated for cause or default.

(e) The contractor is “Actively” registered with SAMS (Service for Award Management), and has been assigned the following UEI Number: .

The Contractor further certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency.

Dated this day of , 20

By

Authorized Signature for Contractor

Attachment B

CONFLICT OF INTEREST

A copy of this form is to be signed by the Operating Agency Director, all Board Members, all employees whose salaries are paid (fully or partially) through the Grant Program, and any other employees involved in the administration of the funded program. This form must also be completed by all employees who have procurement related responsibilities.

In accordance with 2 CFR 200.318 (c)(1):

The grantee (State of South Dakota), subgrantee or subrecipient must maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts.

“No employee, officer, or agent of the grantee, subgrantee or subrecipient must participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

"The grantee's, subgrantee’s or subrecipient’s officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to sub-agreements."

However, grantee's, subgrantee’s or subrecipient’s may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the grantee, subgrantee or subrecipient.

If the grantee, subgrantee or subrecipient has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the grantee, subgrantee or subrecipient must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest mean that because of relationships with a parent company, affiliate, or subsidiary organization, the grantee, subgrantee or subrecipient is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization

"In cases not governed by 2 CFR 200.318 (c)(1), Section 570.611 Conflict of Interest of the September 1988 CDBG regulations apply.

"The conflict-of-interest provisions . . . apply to any person who is an employee, agent, consultant, officer or elected official or appointed official of the recipient (State of South Dakota) or of any designated public agencies, or subrecipients which are receiving funds.

No persons described above 'who exercise or have exercised any functions or responsibilities with respect to grant activities assisted under this part, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain financial interest or benefit from a grant -assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter.

Check One

I certify that no conflict of interest exists pursuant to the above referenced regulations.

I certify that a possible conflict of interest does exist. The possible conflict of interest is:

(attach additional sheet if necessary)

I understand that undisclosed Conflict of Interest situations resulting in questioned costs will necessitate repayment of all questioned costs to the program and may subject me to further penalty under the terms of the agency’s contract(s) and all governing laws and regulations.

Program Name:

Operating Agency Name:

Signature: Title: Date:

Printed Name: _______

Attachment C

STATE OF )

)SS

. COUNTY OF )

AFFIDAVIT OF COMPLIANCE WITH ANTI-DISCRIMINATION AGAINST

ISRAEL ACT

Before me, the undersigned Notary Public, personally appeared (Name), who, by me being duly sworn, deposed as…