REQUEST FOR PROPOSALS

RFP-2022-04

Broadband Infrastructure Development

Closing Date/Time: July 18, 2022, 3:00 PM

McDuffie County 210 Railroad Street Thomson, GA 30824

MCDUFFIE COUNTY

BROADBAND INFRASTRUCTURE DEVELOPMENT

RFP No. 22-004

McDuffie County Board of Commissioners are seeking bids for development of a broadband, fiber infrastructure network to provide broadband service to the unserved portions of McDuffie County.

While every effort has been made to ensure the accuracy and completeness of information in the RFP we recognize that the information may not be complete in every detail and that all work may not be expressly mentioned in these specifications. It is the responsibility of the proposing company to include in their submittal all pertinent information in accordance with the objectives of the County.

PROPOSAL FORMAT

All questions must be fully answered. The Qualifications section does not count toward the Proposal 20-page limit. Copies of other documents may be attached, if clearly labeled. McDuffie County may contact each reference provided, as well as any entity referenced in response to any question. The Proposer warrants that, to the best of its knowledge and belief, the responses contained herein are true, accurate and complete. The Proposer also acknowledges that McDuffie County is relying on the truth and accuracy of the responses contained herein. If it is later discovered that any material information given in response to a question was provided by the Proposer is false, it shall constitute grounds for immediate termination or rescission by McDuffie County of any subsequent agreement between the County and the Proposer.

• Qualifications of Proposer.

o Legal Name o Permanent Main Office address o Current President or CEO Name

# years in that position o When organized o Where incorporated o How many years have you been engaged in delivering rural broadband service in Georgia?

o General character of the work performed by your company o Financial Status

Have you ever failed to complete any work awarded to you? If so, where and why?

Have you ever defaulted on a contract? If so, where and why?

Attached financial statements for the past three (3) years Has Proposer, or any of its parents or subsidiaries, ever had a bankruptcy petition filed in its name, voluntarily or involuntarily? If yes, please specify the date, circumstances, and resolution.

Has any majority shareholder ever had a bankruptcy petition filed in his/her name voluntarily or involuntarily? If yes, please specify the date, circumstances, and resolution.

Is the Proposer currently in default on any loan agreement or financing agreement with bank, financial institution or other entity? If yes, please specify the details, circumstances, and prospects for a resolution.

What is the Proposer’s current bonding capacity? Unencumbered bonding capacity?

Please identify the Proposer’s surety company.

Please provide the name, address and telephone number of the Proposer’s current surety agent or underwriting contact.

Have performance or payment bond claims ever been made to a surety for this contractor on any project, past or present? If yes, please state the approximate date of each claim and identify whether the surety paid any?

In the past five years, has any surety company refused to bond the Proposer on any project? If yes, please specify the reasons given for that refusal and the name and address of the surety company.

In the past five years, has any surety company refused to bond the Proposer’s parent or subsidiaries on any project? If yes, please specify the reasons given for that refusal and the name of the surety company.

• REFERENCES

o Provide two (2) bank references

Name Address City and State Contact Phone o Name at least two major subcontractors Name Address City and State Contact Phone o List experience in projects of reasonably similar nature, scope and duration performed by Proposer in the last seven (7) years. Consider design, build, operation and maintenance of rural broadband networks similar to this project. Identify projects performed in Georgia.

Project Location Reference (Decision-maker)

Reference Phone # o Background and experience of the principal members of your organization, including the officers.

o List of Subcontractor(s): Firm Name and Description of Work o Proposer and Subcontractors must comply with e-Verify. Complete accompanying e-Verify

Affidavit(s) o Proof of Insurance

• E-Verify. Contractor and Subcontractors must comply. See e-Verify forms at end of RFP.

• Proposal Submission. The submission of a Proposal will constitute an incontrovertible representation that Proposer has complied with every requirement of this RFP, that without exception, the Proposal is premised upon performing and furnishing the work.

• Contract Security. The General Conditions and Supplementary Conditions set forth McDuffie County requirements as to performance and payment bonds. When the successful Proposer delivers the executed Agreement to McDuffie County, it must be accompanied by the required performance and payment bonds.

• Laws. Proposer shall comply with Local, County, State and Federal laws applicable to the work.

• American Rescue Plan Act State Fiscal Recovery Fund Broadband Infrastructure Award. Proposer must comply to the extent applicable to the Terms and Conditions executed between the Governor’s Office of Planning and Budget and the McDuffie County Board of Commissioners provided in “Exhibit A”.

• Department of Labor. The Proposer shall comply with the Department of Labor Safety and Health Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work and Safety Standards Act (PL-91-54). The regulations are administered by the Department of Labor and the Proposer shall allow access to the project to personnel from that Department.

• Insurance. The Proposer shall not commence work under this contract until he has obtained the insurance required. Certificate of Insurance, including certificate of insurance for any sub-contractors to perform work under this contract. Responsible bidders shall meet the following insurance requirements:

o The approved responsible bidder shall take out and maintain during the life of this Contract the various types and amounts of insurance as required to protect the approved Contractor, the Owner, officials and representatives of the Owner, and any subcontractor performing work covered by this Contract from claims for damages for personal injury, including accidental death as well as from claims for property damages which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly employed by either of them.

o Without restricting the obligations and liabilities assumed under the Contract Documents, the Contractor shall at his own cost and expense, purchase and maintain in force until expiration of the Contract, the below listed forms of insurance coverage.

o Certificates from the insurance carrier stating the limits of liability and expiration date shall be filed with the Owner before operations are begun. Such certificates shall not merely name the types of policy provided, but shall specifically refer to this Contract and shall contain a separate express statement of compliance with each of the requirements as set forth in this Section.

Certificate Holder Should Read:

McDuffie County Board of Commissioners

Thomson, GA 30824 o All policies as hereinafter required shall be so written that the Owner will be notified of cancellation, expiration or restrictive amendment at least 30 days prior to the effective date of such cancellation, expiration or amendment.

o Item A - Workers Compensation and Employer's Liability Insurance: Coverage to apply for all employees for Statutory Limits in compliance with the applicable state and federal laws. The policy must include Employer's Liability with a minimum limit of $100,000 each accident/$500,000 disease-policy limit/$100,000 disease-each employee.

o Item B - Comprehensive General Liability Insurance: Shall have minimum limits of $1,000,000 per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises/Operations, Independent Contractors, Products/Completed Operations, Broad Form Property Damage, XCU Coverage, Blanket Contractual Liability Coverage, Personal Injury Coverage, and Fire Legal Liability.

o Item C -Owner's Protective Liability Insurance: (Separate Policy Required) In the name of the owner, additional insured with a minimum limit of $1,000,000.

o Item D -Comprehensive Automobile Liability Insurance: Shall have minimum limits of $1,000,000 Per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include, Owned vehicles, Hired and Non-Owned Vehicles.

o NOTE: In B & C Underlying must equal $1,000,000. Underlying plus Excess must equal $1,000,000.

o Item E - Umbrella Liability Insurance: Shall have $1,000,000 limit of liability with the same coverage as Items A, B, C and D above.

o McDuffie County Board of Commissioners is to be included as an Additional Insured on all Liability Policies. Current and valid insurance policies meeting the requirements herein identified shall be maintained during the duration of the named project. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall also be a 30-day notification to the County in the event of a cancellation or modification of any stipulated insurance coverage. All Insurance Policies must be written on an Occurrence Basis.

o It shall be the responsibility of the contractor to ensure that all subcontractors comply with the same specified insurance requirements.

o Certificates of insurance, policies, bonds, and any other requirements must be forwarded to the Owner.

o Insurance Companies must be licensed to do business in Georgia by the Georgia Secretary of State, authorized by the Georgia Insurance Department, and has an AM Best rating of A- 6 or greater.

o This Contract shall be null and void and of no effect unless the Operator shall, before entering upon the performance thereof, secure Worker's Compensation Insurance for the benefit of and keep insured, during the life of said Contract, all employees engaged thereon and to fully protect the Owner as required by existing law, or as such may be amended. In case the Contractor shall sub-contract any portion of the Work, he shall require that all employees of the sub- contractor be properly covered by such Worker's Compensation Insurance.

McDuffie County will consider the qualification of the Proposer with respect to permanent place of business operations, adequate plant and equipment to do the work properly and expeditiously, suitable financial status to meet obligations incidental to the work, and has appropriate technical experience.

McDuffie County may consider the qualifications and experience of Subcontractors, Suppliers and other persons and organizations proposed for the Work.

PROJECT DESCRIPTION

Overview:

McDuffie County plans to build a fiber-based 100/10Gbs broadband network with a minimum symmetrical

100Mbs/100Mbs Fiber-To-The-Premise (FTTP) access to all unserved locations in unincorporated, rural McDuffie County. The planned service area is the unincorporated portion of the McDuffie County, GA (excludes the City of Thomson). The zip code is 30824. The census tracts are 60100 and 60200. The McDuffie County Broadband network will be a game-changer for the County and its residents.

McDuffie County has made a three-year build-out commitment to the State of Georgia and is seeking Partner(s) to design, build, operate and support a rural broadband network.

Definitions:

1. Broadband or broadband service – with reference to this RFP, 100/10Gbs broadband network with a minimum symmetrical 100Mbs/100Mbs Fiber-To-The-Premise (FTTP) access.

2. Unserved –the term “unserved” with respect to a household, means (a) the household lacks access to qualifying broadband service and (b) no broadband provider has been selected to receive or is otherwise receiving Federal or State funding subject to enforceable buildout commitment to deploy qualifying broadband service where the household is located by a date certain. McDuffie County has identified 2,405 unserved homes and businesses unserved locations in rural, unincorporated McDuffie County.

ELIGIBILITY INFORMATION

Eligibility:

An experienced full service broadband service provider is eligible to propose to design, build, operate and support the McDuffie County Broadband network. Preference is afforded to experienced full service broadband service providers with at least 10 years of documented and demonstrated experience in delivering rural FTTP broadband in the Southeast Georgia.

Single Proposal:

McDuffie County will accept only one (1) proposal version provided from a full-service broadband service provider to McDuffie County, identically in two formats: digitally via email and a printed package delivered to McDuffie County address.

PROPOSAL AND SUBMISSION INFORMATION (ONE DIGITAL AND ONE PRINTED COPY)

A. Address

Email address dcrawley@thomson-mcduffie.gov Street address

McDuffie County Board of Commissioners 210 Railroad Street Thomson, GA 30824 ATTN: McDuffie County Broadband Network

B. Project Content

i. Project Narrative mailto:dcrawley@thomson-mcduffie.gov

The project narrative is a word-processed document of not more than 20 pages responsive to the RFP requirements. Attachments do not count toward the 20 pages.

ii. Project Network Design: Logical and Physical (system and network)

The project network design includes the logical system design and the physical network design.

Include a description of the type of technology proposed.

iii. Project Scalability

Describe how the network can scale over time for greater capability.

iv. Project Milestones and Timeline

Describe the network milestones and timeline in terms of critical design and build/construction milestones. Include # miles completed, # households passed on an annual basis, # subscribers added annually. Confirm that construction will begin no later than December 2022.

v. Budget Narrative

1. Project Cost

Project costs need to specify: (1) Equipment costs and suggested manufacturer(s), (2) Construction cost to acquire, bury, splice and test fiber optic cable, vaults and drops, (3) Personnel / Consultants / Contract costs for design, staking, inspection and modifications to preliminary design, (4) Other costs – describe and (5) TOTAL PROJECT BUDGET.

2. Project Justification of Costs

Project justification of costs needs to describe each of the line items outlined in the Project Cost in detail.

3. Services Offered and Rate Sheet

Project service(s) offered and rate sheet(s) needs to specify the service, its description, and rates for installation and monthly use for the FTTP network in rural McDuffie County.

Include residential and business services and rates.

4. Commitment to Meet In-Service Timeline

Project Milestones and Timeline need to outline the major deliverables. Explain how you commit to meeting the Timeline plan.

vi. Capabilities and Competencies

1. Experience in deploying and supporting rural broadband networks

Identify and name proven, active, sustained rural 100/10 Gbs broadband networks deployed with at least five (5) FTTH subscribers in McDuffie County. Identify (city, county, state) where headquarters with operations support is located in support of rural broadband networks.

2. Project Team – roles, responsibilities, capabilities

Identify the proposed project team, their roles, responsibilities, and capabilities.

3. Resumes of Key Project Personnel

Provide resumes for at least 5 key project personnel.

4. Effectiveness Processes and Tools

Identify processes and tools used in the design, build, operations, and support phases of the network project.

5. Broadband Partnership with McDuffie County

Describe your experience in providing support to McDuffie County for broadband network development.

Confirm your willingness to enter and sign a Public-Private Partnership Agreement for McDuffie County Broadband within 30 days after proposal selection.

vii. Customer Service

• Provide customer service metrics of customer satisfaction completed within the past 12 months.

• Describe Level of Service provided to respond to trouble calls and timeframe expected.

• Provide location of US-based customer service support location. (city, state)

• Provide location of escalated US-based customer service support location. (city, state)

• Describe the Proposer’s written safety plan

• Describe the Proposer’s Labor policy

viii. Pro-Forma Financial information

Provide Pro-Forma demonstrating the sustainability of the rural broadband network.

C. Proposal Format

i. Font size. Font should be at least 11 font size.

ii. Line Spacing. Single or double spaced. Space between paragraphs.

iii. Page Layout. Page size 8 ½” x 11”. Portrait layout, unless landscape needed for spreadsheets, diagrams, charts.

iv. Page Limit. 20 pages single spaced. 40 pages double spaced.

v. Page Numbering. Required

vi. Typed Document. Required

vii. Signed Proposal. Require.

D. Evaluation Criteria TOTAL 100 points

i. Affordability of Network Design, Build, Launch 25 points

ii. Affordability of Services Offered 15 points

iii. Project Viability 30 points

1. Network Capacity, Performance and Scalability

2. Organization Capability

3. Level of Support (LoS)

iv. Locality 30 points

1. Local FTTP Rural Broadband Reference Sites

2. Customer Support

BINDING OFFER:

Each Bid shall constitute a firm offer that is binding for ninety (90) days from the date of the bid opening unless the bidder takes exception to this provision in writing.

RFP SUBMISSION:

Companies who wish to respond must submit an original and one digital copy (in PDF format) of the proposal in sealed opaque envelope/package marked “McDuffie County Broadband Network Services Proposal”. Fax and/or e-mail responses will not be acceptable. Responses to the RFP will be accepted until 3:00 p.m. on July 18, 2022. Responses must be submitted to the following:

Mr. David Crawley, County Manager McDuffie County Board of Commissioners

Thomson, Georgia 30824

A bid opening meeting will be conducted July 18, 2022 at 3:00 p.m. in the second-floor training room of the Thomson-McDuffie Government Center, located at 210 Railroad Street, Thomson, Georgia, 30824.

Failure to comply with directions in this RFP, or omission of requested information could result in disqualification of your firm’s submittal.

McDuffie County reserves the right to reject any and all proposals, to waive any informalities or technicalities and to accept the proposal which in the judgement of the property officials is in the best interest of McDuffie County.

Absolutely NO submittals will be accepted after 3:00 p.m. July 18, 2022.

CONTACT:

ALL QUESTIONS are to be directed to Mr. David Crawley, County Manager, email dcrawley@thomson-mcduffie.gov. All questions are to be received no later than fourteen business days (14) before the due date of the Request for Proposals. Responses to substantive questions will be issued via Addenda, and will be posted on the County web site: www.thomson-mcduffie.com/rfps. It is the responsibility of Proposers mailto:dcrawley@thomson-mcduffie.gov http://www.thomson-mcduffie.com/ to check the McDuffie County website for RFP information and amendments.

No organization is to discuss any aspect of this Request for Qualifications with any County or City employee without approval of the County Manager. This is to ensure that all prospective respondents have the same level of knowledge relative to the required services as well as ensuring the additional data is made available to all proposers.

TITLE VI:

In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the successful Firm agrees that, during performance of this Agreement, the Firm, for themselves, their assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, the successful Firm agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement.

E-VERIFY:

It is the policy of the County that unauthorized aliens shall not be employed to perform work on contracts involving the physical performance of services. Therefore, Client shall not enter into a contract for the physical performance of services within the State of Georgia unless they provide an affidavit stating they comply with E-Verify (attached).

RESPONSIBILITY OF PROPOSER:

Request for Proposals must be signed by a Principal of the firm authorized to bind the proposer and it shall contain a statement to the effect that the Request for Proposals is firm for a period of at least ninety (90) days from the closing date of submission.

OWNERSHIP OF MATERIAL:

Ownership of all data, material, and documentation originated and prepared for the County pursuant to this contract shall belong exclusively to the County.

PROHIBITION OF GRATUITIES:

Firms shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the McDuffie County Board of Commissioners for the purpose of influencing consideration of this qualification.

COST OF STATEMENT OF QUALIFICATIONS:

McDuffie County assumes no responsibility or liability for the costs incurred by the submitting firm to prepare and/or submit a proposal. The entire cost of preparing and submitting Proposals and Pricing Information, or any work in connection therewith will be borne by the submitting firm or team of firms.

RESPONSIBILITY OF PROPOSER:

Request for Proposals must be signed by an authorized official to bind the proposer and it shall contain a statement to the effect that the Request for Proposals is firm for a period of at least ninety (90) days from the closing date for submission.

MISCELLANEOUS:

The proposer agrees that they presently have no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with the performance of the services hereunder.

The proposer further agrees that no person having any such known interest shall be employed or conveyed an interest, directly or indirectly, in the contract. All respondents must provide a statement of disclosure, which will allow the Owner to evaluate possible conflicts of interest.

Proposals submitted are not publicly available until after award by the McDuffie County Board of Commissioners. All Proposals and supporting materials, as well as correspondence relating to this RFP becomes the property of McDuffie County when received. Any proprietary information contained in the qualification should be so indicated. However, a general indication that the entire contents, or a major portion, of the qualification is proprietary will not be honored.

OPEN RECORDS:

The contents of the proposals will not be made public until after an award and contract has been executed.

ASSIGNMENT OF CONTRACTUAL RIGHTS:

It is agreed that the successful bidder will not assign, transfer, convey, or otherwise dispose of a contract that results from this invitation or his right, title, or interest in or to the same, or any part thereof, without written consent by the County.

PROTEST PROCEDURES:

Right to Protest: Any actual firm, who is aggrieved in connection with the solicitation or award of a contract, may protest to the Procurement Director. The protest shall be submitted in writing within five (5) days after such aggrieved person knows or should have known of the facts giving rise thereto. The protest must be accompanied by a detailed statement, indicating the reasons for such protest.

The Procurement Director shall have authority to settle and resolve a protest of an aggrieved proposer concerning the solicitation or award of a contract. If the protest is not resolved by mutual agreement, the Procurement Director shall issue a decision in writing within ten (10) days. The decision shall state the reasons for the action taken. This decision shall be final and conclusive, unless the firm appeals administratively within five (5) days after receipt of decision to the McDuffie County Board of Commissioners. Any protest taken to the Board or court shall be subject to the protestant paying all administrative costs, attorney fees, and court costs when it is determined that the protest is without standing.

QUALIFICATIONS AND AWARD BASIS

McDuffie County reserves the right to accept or reject any and all proposals or any parts of a proposal wherein its judgment, it will be in the best interest of the County; waive any technicalities/informalities in the RFP document and proposal process; and to qualify and award any or all of this contract in any manner in which McDuffie County, acting in the sole and exclusive exercise and discretion, deems to be in McDuffie County’s best interest. Cost will not be the sole factor in the selection process. Affordability of network design, build and launch will represent 25%, affordability of services offered will represent 15%, project viability will represent 30% and locality will represent 30%, as further detailed above within the Evaluation Criteria. If no acceptable proposal is received, McDuffie County reserves the right to resolicit proposals at its sole discretion.

McDuffie County anticipates awarding the bid and executing a contract with the successful Bidder during the month of July 2022. The successful Bidder would be required to begin working within ninety (90) days of bid award.

REFERENCES

Submission of a response authorizes McDuffie County to make inquiries concerning the Proposer and its officers to any persons or firms deemed appropriate by McDuffie County.

SERVICES REQUESTED:

Background McDuffie County plans to build a fiber-based 100/10Gbs broadband network with a minimum symmetrical 100Mbs/100Mbs Fiber-To-The-Premise (FTTP) access to all unserved locations in unincorporated, rural McDuffie County. The planned service area is the unincorporated portion of the McDuffie County, GA (excludes the City of Thomson). The zip code is 30824, 30808, and 30814. The census tracts are 9501, 9502, 9503, 9504, and 9505. The McDuffie County Broadband network will be a game-changer for the County and its residents.

McDuffie County has made a three-year build-out commitment to the State of Georgia and is seeking Partner(s) to design, build, operate and support a rural broadband network.

DISCLAIMER

The County reserves the right to award a contract to the contractor that is deemed to best satisfy the requirements of this RFP and provide the services which are in the best interest of the County. The County reserves the right to reject any or all proposals and to waive formalities or non-material irregularities. The County reserves the right to negotiate the terms of the contract and the scope of services with successful bidder without re-solicitation. Contractors acknowledges that the preparation of proposal submissions are at the expense of the contractor.

EXCEPTIONS FORM

Bidder shall list on this form any exceptions to RFP or any additional information, qualifications and service proposals deemed necessary to demonstrate contractor’s ability to exceed minimum requirements and provide County with exceptional services that contractor is uniquely qualified to provide.

Non-Collusion Affidavit

State of (Georgia)

County of McDuffie

_, being first duly sworn, deposes and says that he or she is Agent of

, the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other

Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid."

Company Name :

Company Address :

Authorized Representative (Print Name):

Authorized Representative (Signature):

Date:

E-Verify Contractor Affidavit Under O.C.G.A. § 13-10-91{b){l)

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of McDuffie County has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number Date of Authorization

Name of Contract or

Name of Project

McDuffie County Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on ______________________________2022, (city),______________ (state) _

Signature of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE __DAY OF ___________________, 2022

Notary Public Date

BIDDER INFORMATION

Company Name:

Company Address:

Company Telephone #:

Company Website:

Authorized Representative (Print Name):

Authorized Representative (Signature):

Authorized Representative (Title):

Authorized Representative (Email):

Authorized Representative (Cell #):

Date:

Corporate Seal:

PROPSAL FORM

McDuffie County Broadband Network

Proposal submitted by ________________________________________ (“Proposer") organized and existing under the laws of the State of ____________________________________________________.

Doing Business As _____________________________________________________ as described herein for McDuffie County.

Proposer agrees to provide services described herein and in accordance with the RFP documents for the prices stated below and to commence work within 90 days of bid award.

Proposer acknowledges receipt of the following ADDENDA: __________________________________ .

Proposal Information:

Number of Unserved Homes and Businesses to be served by the Proposed Project: ________________________________

Funding amount proposed by Proposer: ________________________________

Total Proposed Project Cost: ________________________________

Name and Signature of Authorized Representative* Date

Attested By (Name and Signature) Date

*By signing this form, I, on behalf of my company, agree to provide the services described herein in accordance with the requirements contained herein and if my company is awarded this contract, I agree that this signed bid response shall serve as the legal binding document concerning this contract.

Exhibit A

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AMERICAN RESCUE PLAN ACT

STATE FISCAL RECOVERY FUND

BROADBAND INFRASTRUCTURE AWARD

TERMS AND CONDITIONS

GRANT APPLICATION NAME

McDuffie County Rural Broadband Extension

1 | P a g e

{{!AccountName }} McDuffie County , About This Document

This agreement (the “Grant Agreement” or “Agreement”) is entered into between the State of Georgia (the “State”) and the undersigned grantee (“Grantee”) (hereinafter collectively referred to as the “Parties”). This Grant Agreement sets forth the terms and conditions applicable to payments distributed by the State in the form of reimbursement using grant funds to Grantee, from the State of Georgia’s allocation of funds from the State Fiscal Recovery Fund (SFRF) established within 42 U.S.C.A. § 802 via the American Rescue Plan Act of 2021 (hereinafter referred to as “Grant”). The Grantee’s official representative, whose signature appears below, will execute the interest and responsibilities of the Grantee.

These requirements are in addition to those that can be found within the grant management system administered by the Governor’s Office of Planning and Budget (“OPB”), GeorgiaGrants, to which the Grantee agrees when accepting the Grant. Other state and federal requirements and conditions may apply to the Grant, including but not limited to 2 C.F.R. § 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and applicable subparts; the State funding announcement under which Grant payments are distributed;

and any applicable documents referenced in the documents listed above.

To the extent the terms and conditions of this Grant Agreement do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations, and purposes of this Grant Agreement and in all cases, according to its fair meaning. The Grantee acknowledges that it and its counsel have reviewed this Grant Agreement and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Grant Agreement. Any vague, ambiguous or conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the Grant Agreement.

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1. Definitions

1.1 As used in this Agreement, the following terms shall have the following meanings:

1. “ARPA” means the federal American Rescue Plan Act of 2021.

2. “SFRF” means the funds allocated to Georgia as its share of the State Fiscal Recovery

Fund created by the American Rescue Plan Act of 2021.

3. “GeorgiaGrants” means the grant management system administered by OPB to facilitate distribution or reimbursement of allowable expenditures of State Fiscal Recovery Funds to the Grantee.

4. “Grant” means the payments distributed by the State in the form of a grant or reimbursement to the Grantee from the State Fiscal Recovery Fund (SFRF).

5. “Grant Agreement” or “Agreement” means this agreement between the State of Georgia and the Grantee as defined by the State Fiscal Recovery Fund Terms and Conditions and its incorporated documents.

6. “Grantee” means the undersigned

7. “OPB” means the Governor’s Office of Planning and Budget.

8. “Parties” means collectively the parties to this Agreement, namely, the State and the

Grantee.

9. “State” means the State of Georgia.

2. General Requirements and Conditions

2.1 Applicability of Grant Agreement and Provisions

This Grant Agreement is subject to the additional terms, conditions and requirements of other laws, rules, regulations and plans recited herein and is intended to be the full and complete expression of and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and all prior and contemporaneous understandings, agreements, promises, representations and terms and conditions, both oral and written, are superseded and replaced by this Grant Agreement.

Notwithstanding any expiration or termination of this Grant Agreement, the rights and obligations

McDuffie County pertaining to the Grant close-out, cooperation and provision of additional information, return of Grant funds, audit rights, records retention, public information and any other provision implying survivability shall remain in effect after the expiration or termination of this Grant Agreement.

2.2 Legal Authority

The Grantee certifies that it possesses legal authority to enter into this Grant Agreement and accept payments for which the Grantee is eligible pursuant to the funding announcement. By submitting requests or receiving reimbursement for requests made within the scope of this Grantee Agreement, Grantee certifies that it is authorized to submit such requests as defined in this Agreement, and that requests for reimbursement pertain only to expenses incurred to build broadband internet infrastructure as approved by OPB and described in this Agreement.

Grantee hereby represents and warrants that it has the power and is duly authorized to enter into this Grant Agreement with regard to all matters described herein upon the terms set forth and that the persons executing this Agreement on behalf of Grantee are the authorized agents of Grantee for the purpose of executing this Agreement. The Parties acknowledge and agree that this Agreement constitutes a valid and legally binding obligation of each Party, enforceable in accordance with its terms.

2.3 Grant Acceptance

The state funding announcement remains an offer until the fully and appropriately executed copy of this Grant Agreement is received by OPB. Upon approval of the Grant Agreement, OPB or its designee will issue a statement of confirmation or acceptance (“funding announcement”) to the Grantee through Grantee’s representative listed in “Exhibit A” attached to this Agreement, upon receipt of which the Grantee may begin submissions to Georgia Grants for reimbursement as specified in this Agreement.

2.4 Performance Period

Funding has been authorized for eligible expenditures incurred by the Grantee during the performance period for this Grant which is between March 3, 2021 and October 31, 2026 or the date of exhaustion of funding for the purpose of this Grant as solely determined by OPB, whichever is earlier (“performance period”). All expenditures must be incurred on or before October 31, 2026, and the Grantee must submit expenses for reimbursement through GeorgiaGrants during the performance period for this Grant by no later than December 31, 2026. The State will not be obligated to reimburse expenses incurred prior to or after the performance period.

2.5 General Responsibility and Compliance

In order to qualify as an expense eligible for reimbursement, an expenditure shall be reasonable and shall be incurred solely to facilitate the completion of the broadband internet infrastructure project identified in the Grantee’s application as awarded and approved by OPB. Additionally, Grantee shall submit a proposed final project budget to OPB prior to beginning work on the project.

Work on the project shall not begin until the proposed final project budget is approved in writing by OPB.

Any proposed revision to either the scope of the approved broadband internet infrastructure project or to the approved final budget thereof shall be submitted to OPB along with a detailed justification for the proposed revision. Approval of any proposed revision to the scope of the project or the project budget shall be left at the sole discretion of OPB.

The Grantee certifies compliance with these eligible expenses by executing this Grant Agreement.

The Grantee is responsible for the integrity of the documents submitted through GeorgiaGrants in support of claims for reimbursement of expenditures; accountability for all funds awarded; and compliance with state guidelines, policies and procedures and applicable federal and state laws andregulations.

The Grantee will document appropriate protocols and procedures to support the types of expenditures claimed for reimbursement and to ensure that all terms, conditions and specifications of the Grant are met.

The Grantee agrees to maintain an accounting system or process integrated with adequate internal fiscal and management controls to capture and report Grant data with accuracy, providing full accountability for expenditures. This system or process shall provide reasonable assurance that the Grantee is managing federal and state financial assistance programs in compliance with all applicable laws and regulations.

2.6 Amendments and Changes to the Grant Agreement

The State may make changes to the Grant. Changes include, but are not limited to, modifying the scope of the Grant Project, adding funds to previously un-awarded cost items or categories, or changing funds in any awarded cost items or category. In the event the State determines that changes are necessary to the Grant award document after an award has been made, including changes to the performance period or terms and conditions, the Grantee will be notified of the changes in writing, and any such changes shall be documented in GeorgiaGrants.

The Grantee has no right or entitlement to payment or reimbursement with Grant funds. The Grantee agrees that nothing in this Grant Agreement will be interpreted to create an obligation or liability of the state in excess of the availability of funds for reimbursement as described in the funding announcement. The Grantee agrees that any act, action or representation by either party, their agents or employees that purports to waive or alter the terms of this Grant Agreement or increase the maximum liability of the state is void unless an amendment to this Grant Agreement is consented to by both parties in writing and is documented in GeorgiaGrants. Notwithstanding this requirement, it is understood and agreed by the parties hereto that changes in local, state and federal rules, regulations or laws applicable hereto may occur during the term of this Grant Agreement and that any such changes shall be automatically incorporated into this Grant Agreement without written amendment hereto, and shall become a part hereof as of the effective date of the rule, regulation or law.

2.7 Public Information and Meetings

Notwithstanding any provisions of this Grant Agreement to the contrary, the Grantee acknowledges that the State of Georgia, OPB, and this Grant Agreement are subject to the Georgia Open Records Act, O.C.G.A. § 50-18-71, et seq (ORA). The Grantee acknowledges that OPB will comply with the ORA, as interpreted by judicial opinions and opinions of the Attorney General of the State of Georgia.

The Grantee acknowledges that information created or exchanged in connection with this Grant Agreement, including all reimbursement documentation submitted to OPB, is subject to the ORA, whether created or produced by the Grantee or any third party, and the Grantee agrees that information not otherwise excepted from disclosure under the ORA will be available in a format that is accessible by the public at no additional charge to OPB or the State. The Grantee will cooperate with the State and OPB in the production of documents or information responsive to a request for information.

2.8 Remedies for Non-Compliance

If the State determines that the Grantee fails to comply with any term of this Grant Agreement, whether stated in a federal or state statute or regulation, an assurance, a state plan or application, a funding announcement, or any other applicable requirement, the State, in its sole discretion, may take actions including:

1. Imposing sanctions;

2. Temporarily withholding payments pending correction of the deficiency or imposing a corrective action plan intended to bring the Grantee into compliance with this Grant Agreement.

A corrective action plan shall be a compulsory set of actions mandated by OPB that will ensure the Grantee will take certain actions to bring it into compliance with the terms of this Grant Agreement. If the Grantee fails to complete any imposed corrective action plan within 60 days, OPB reserves the right to require the Grantee to return any previous Grant fund reimbursements in a manner and timeframe as determined by OPB;

3. Requiring the Grantee to return or offset previous reimbursements to OPB in a manner and timeframe as determined by OPB. By entering into this Grant Agreement, Grantee specifically accepts and acknowledges that any noncompliance with the terms of this Grant Agreement shall entitle the State to implement this remedy, regardless of whether or not the previous reimbursements were made for allowable costs;

4. Disallowing or denying use of funds for all or part of the cost of the activity or action not in compliance;

5. Disallowing claims for reimbursement;

6. Wholly or partially suspending or terminating the Grant;

7. Prohibiting the Grantee from applying for or receiving additional funds for other grant programs administered by the State until repayment to OPB is made and any other compliance or audit finding is satisfactorily resolved; or

8. Taking other remedies or appropriate actions.

If OPB elects to implement whole or partial suspension or termination of the Grantee’s Grant in accordance with this Section of the Grant Agreement, the Grantee’s costs resulting from Grant eligible expenditures incurred during any such suspension or after termination of the Grant are not allowable costs unless OPB expressly authorizes them either in the notice of suspension or termination or subsequently.

The State, at its sole discretion, may impose sanctions without first requiring a corrective action plan.

The Grantee acknowledges and agrees that the State has the rights and remedies stated above and any other rights and remedies set forth in this Grant Agreement which are fair and reasonable, and further acknowledges and agrees that no action taken by the State to assert or enforce any of these rights or remedies shall excuse the Grantee from performance of its obligations under this

To the extent allowed by law, the Grantee waives any claims to dismiss obligations to pay the State for amounts owed due to non-compliance stemming from the Grantee’s actions to dissolve, become insolvent, seek bankruptcy protection, or exercise other actions appearing to affect its ability to pay.

2.9 False Statements by Grantee

By acceptance of this Grant Agreement, the Grantee makes all the statements, representations, warranties, guarantees, certifications and affirmations included in this Grant Agreement. If applicable, the Grantee will comply with the requirements of 31 U.S.C. § 3729-3733, which set forth that no grantee of federal payments shall submit a false claim for payment.

If any of the statements, representations, certifications, affirmations, warranties or guarantees are false or if the Grantee signs or executes this Grant Agreement with a false statement or it is subsequently determined that the Grantee has violated any of the statements, representations, warranties, guarantees, certifications or affirmations included in this Grant Agreement, then the State may consider this action or activity a possible default under this Grant Agreement and may terminate or void this Grant Agreement for cause and pursue other remedies available to the State under this Grant Agreement and applicable law. False statements or claims made in connection with grants may result in fines, imprisonment and debarment from participating in federal grants or contracts and/or any other remedy available by law, potentially including the provisions of 31 U.S.C. § 3801-3812, which details the administrative remedies for false claims and statements made.

2.10 Conflict of Interest Safeguards

The Grantee will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain, whether for themselves or others, particularly those with whom they have family, business, or other ties. The Grantee will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to its performance under this Grant Agreement in accordance with Title 45 Chapter 10 of the O.C.G.A, 18 U.S.C. § 666, 18 U.S.C. § 1031, and 2 C.F.R. § 200.318.

2.11 Fraud, Waste and Abuse

The Grantee acknowledges and assents that the State of Georgia shall not tolerate fraud, waste or misuse of funds received from any state entity (See Title 45 Chapter 10 of the O.C.G.A.) and that any violation of state or federal law, state policies or standards of ethical conduct shall result in penalties including, but not limited to, suspension of current and future funds or reimbursement, suspension or debarment from federal and state grants, recoupment of monies reimbursed or provided under an award, remedies set forth in 2 C.F.R. § 200.338, and civil and/or criminal penalties.

In the event the Grantee becomes aware of any allegation or a finding of fraud, waste or misuse of funds received from OPB that is made against the Grantee or of fraud, waste, false statements, or other errors in any submission for reimbursement, the Grantee is required to immediately report said allegation or finding to the U.S. Department of the Treasury Office of the Inspector General1 and to OPB and must continue to inform OPB of the status of any such on-going investigations.

The Grantee must also promptly refer to OPB as well as the appropriate federal authorities, including,…