RFP24_012 Debris Removal McDuffie County 11_0.pdf

RFP 24-012 DEBRIS REMOVAL SERVICES Page 1 of 41

MCDUFFIE COUNTY, GEORGIA

REQUEST FOR PROPOSAL

RFP #24-012

FOR

Debris Removal Services

For all questions about this RFP contact:

David Crawley, County Manager

David.Crawley@Thomson-Mcduffie.gov

Deadline:

December 6, 2024 at 2:00 P.M.

RFP 24-012 DEBRIS REMOVAL SERVICES Page 2 of 41

IMPORTANT

SUBMITTAL REQUIREMENT

Submittals must be properly labeled to ensure they are not inadvertently opened before the designated time. Affix the label below to the outside of the sealed submittal envelope or delivery package.

If the label below is not used (i.e. in case of some delivery services), it is the supplier’s responsibility to ensure that the information is on the OUTSIDE of the delivery package. Submissions that do not comply may be rejected.

Submittals must also include the required number of copies specified in section 1.2.

Please make sure either the label below or the information on the label appears on the OUTSIDE of the delivery package and is clearly visible. There may be multiple solicitations open at any given time and if the sender organization and RFP number are not discernable, your response may not be recorded as properly received.

RESPONSE SUBMITTAL

DELIVER TO:

MCDUFFIE COUNTY

COUNTY MANAGER

210 RAILROAD STREET

THOMSON, GA 30824

RFP/PROPOSAL #: 24-012

RFP/PROPOSAL NAME: Debris Removal Services

DUE ON OR BEFORE: Friday, December 6, 2024 at 2:00 PM

COMPANY NAME:

COMPANY ADDRESS:

CONTACT NAME:

CONTACT PHONE & EMAIL:

RFP 24-012 DEBRIS REMOVAL Page 3 of 43

RFP #24-012

FOR

100 SECTION I – REQUEST FOR PROPOSAL INFORMATION..................................................Error! Bookmark not defined.

a. 1.1 PURPOSE ........................................................................................................................Error! Bookmark not defined.

DATES .....................................................................................................................................................Error! Bookmark not defined.

b. 1.3 SCOPE OF WORK

c. 1.2.1.1 CONTRACT SCHEDULE: Once the contract is executed between the McDuffie County, GA and the awarded contractor, the awarded contractor will be bound by the pre-event on call services contract to deliver the services required by this proosal. The McDuffie County, GA must first approve any change in or substitution of team members, including any consultant, in writing. 5

1.2. PACKAGING/SUBMISSION REQUIREMENTS

1.3. EVALUATION CRITERIA

102 RFP #24-011 ................................................................................................................................Error! Bookmark not defined.

RFP 24-012 DEBRIS REMOVAL Page 4 of 43

REQUEST FOR PROPOSAL 24-012

DEBRIS REMOVAL SERVICES

1. SECTION I – REQUEST FOR PROPOSAL INFORMATION

Information in this section is proposal-specific. Any conflicting information stipulated in this section shall supersede the General

Terms & Conditions noted in Sections II - VII.

1.1. PURPOSE

The McDuffie County (County) is seeking competitive sealed proposals from qualified contractors to provide professional services on an on-call basis under an annual contract to facilitate and coordinate the removal, collection, and disposal of debris following a disaster. It is the intent to enter into a pre-event contract, which would result in no immediate cost to the

McDuffie County, GA. The contractor shall provide all materials and services necessary in the performance of this RFP. The

McDuffie County does not guarantee a minimum value for this contract.

1.2. SCHEDULE & SUMMARY

This request for proposals will be governed by the following schedule and criteria:

DATES

Release of Request Wednesday, November 6, 2024

Pre-Bid Meeting* No

Questions due Wednesday, November 20, 2024

Bids due Friday, December 6, 2024 by 2:00 PM

Copies of Bid Response Required Four, in addition to one original

Public opening* Yes, Friday, December 6, 2024 at 4:00 PM

Bonds required Yes, Performance/Payment Bonds ONLY are required prior to contract (item 3.8)

County Manager David Crawley

County Clerk Carrie Edwards

1.3. SCOPE OF WORK

As the McDuffie County has been impacted by natural disasters in the past, the County feels the need to be prepared for any future events for the well-being, safety, and health of the community. This RFP will allow the County to be able to quickly begin any cleanup that will assist in alleviating the effects of such an event. Natural and man-made disasters precipitate a variety of debris that includes, but not limited to, such things as trees, sand, gravel, building/construction materials, vehicles, personal property, etc. The quantity and type of debris generated from any particular disaster is a function of the location and kind of event experienced, as well as the magnitude, duration and intensity. The quantity and type of debris generated, its location and the size of the area over which it is dispersed directly impacts the type of collection and disposal methods used to address the debris problem, associated costs incurred, and the speed with which the problem can be addressed. In a major catastrophic disaster, the McDuffie County may have difficulty locating staff, be understaffed, have problems locating equipment, and may have difficulty funding the debris removal in short term as well as long term. Private contractors play a significant role in the debris removal, collection, reduction, and disposal process. Private contractors may be employed to supplement the efforts of the County’s and volunteer works crews.

If it is determined that the available resources are insufficient to complete the debris removal process in a timely manner then the pre-selected private contractors may be utilized to perform all or parts of the clean-up. They will be advised and given explicit details as to the scope of their operations. The extent of their involvement will be dictated by the needs of the County and are incident specific.

It is anticipated that the Agreement between the McDuffie County, GA and the Successful Bidder will contain the following scope of work. The full scope of services will be defined within the contract executed with the McDuffie County, GA.

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1.3.1. GENERAL

1.3.1.1. CONTRACT SCHEDULE: Once the contract is executed between the McDuffie County, GA and the awarded contractor, the awarded contractor will be bound by the pre-event on call services contract to deliver the services required by this proposal. The McDuffie County, GA must first approve any change in or substitution of team members, including any consultant, in writing.

1.3.1.2. CONTRACT TERMS: It is the intent that the McDuffie County, GA enter into a pre-event contract for an initial term of twelve (12) months, with four (4) optional 12-month renewal terms.

1.3.1.3. CONTRACTOR’S CAPABILITY: The Contractor shall have the physical capacity to manage a major workforce with multiple subcontractors and associated equipment. The Contractor shall possess the financial capacity to pay for the expenses associated with a major recovery operation prior to the initial payment and between subsequent payments, as well as the ability to provide the necessary bonds and insurance. The Contractor shall have an experienced management team, an established network of resources to provide the necessary equipment and personnel, comprehensive debris removal and volume reduction operations plans, and demonstrable experience with major disaster recovery projects.

1.3.1.4. WORK ORDER: Prior to beginning work, the Contractor shall provide the County an estimated total of cubic yard storm debris to be removed per a County issued Work Order. Subsequently, the

County shall issue a Work Order to the Contractor defining the work, ceiling price, schedule, and documentation.

1.3.1.5. OTHER CONTRACTS: Other contracts may be issued for the McDuffie County. The County reserves the right to issue other contracts or direct other contractors to work within the scope of work included in this Agreement.

1.3.1.6. ASSIGNMENT OF CONTRACT: The successful contractor shall not subcontract, transfer, assign, or otherwise dispose of the contract or any portion thereof, without the written consent of the County.

1.3.1.7. COMPLIANCE WITH APPLICABLE LAW: The successful contractor must acknowledge that

FEMA financial assistance may be used to fund the contract, along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. Further, the successful contractor must agree to comply with the applicable laws of the State of Georgia, local laws, regulations, codes, ordinances, and proclamations.

1.3.2. MATERIALS, SERVICES, AND WORK ORDERS

1.3.2.1. The contractor shall furnish all materials, equipment, permits, labor and services required to perform emergency debris removal and disposal services throughout the County as needed according to the minimum requirements specified in the agreement and all subsequent amendments and or official document that form the contract documents for this agreement.

1.3.2.2. The contractor shall provide professional technical services, and be responsible for the performance of all requirements of this scope of services, and act as directed by the County.

The services shall include, but are not limited to preparedness, response, recovery, and mitigation phases of any natural or man-made disaster or emergency situation as declared by the

United States Federal Government, the State of Georgia or the McDuffie County. Response time shall be deemed as having a contractor representative physically present at the McDuffie County or other area designated by the County Manager within six (6) hours after notification of need.

Performance shall be deemed as the commencement of services within twenty-four (24) hours of issuance of the McDuffie County Notice to Proceed.

1.3.2.3. When a disaster or incident occurs or is imminent, the McDuffie County shall contact the contractor to advise of the McDuffie County’s intent to activate this agreement, in the form of an alert. The alert will serve to establish the lines of communication between the contractor’s representatives and the McDuffie County. The alert may require the contractor to send an

Operations Manager to the McDuffie County within twenty-four (24) hours to begin planning and mobilization. Subsequently, the McDuffie County shall issue the first Work Order which shall authorize the contractor to begin mobilizing the personnel and equipment as necessary to perform the work. The Work Order shall direct the contractor to execute the required Performance and

Payment Bonds. The contractor shall receive the Work Order from the McDuffie County within the first twenty-four (24) hours following landfall of a hurricane or occurrence of other disasters.

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The contractor shall commence performance on the day and time as set forth in the first Work

Order issued after the disaster. Sufficient work crews shall be mobilized to complete the clearing of the streets and roads identified by the McDuffie County.

1.3.2.3. The following services shall be included in any subsequent contract with the successful contractor/bidder; however, this list is not exhaustive of this list of services which may be requested:

1.3.2.3.1. Debris removal from public property and public rights-of-way with documentation of each load per the instructions of the County;

1.3.2.3.2. Removal of hazardous trees, branches, and stumps that are determined to be hazardous to public access, as directed by the County, and the hauling of stumps to the Temporary

Debris Staging and Reduction sites for inspection and measurement;

1.3.2.3.3. Replacement of compacted fill dirt as needed to deal with ruts created by equipment or holes created by the removal of hazardous stumps in areas that pose a risk to public safety and at the direction of the County;

1.3.2.3.4. Assistance in obtaining required permits for temporary debris staging and reduction sites, as well as consulting as to minimum number of sites needed to deal with the storm event;

1.3.2.3.5. Ensuring segregation of debris between vegetative, demolition, construction, recyclable, white goods, and hazard waste debris;

1.3.2.3.6. Processing of debris in accordance with local, state, and Federal laws, standards and regulations, including, but not limited to, tub grinding as approved by the County;

1.3.2.3.7. Abatement and, as requested, hauling of hazardous waste identified by the County in accordance with local, state, and Federal laws, standards, and regulations;

1.3.2.3.8. Disposal of reduced debris, ash, and other products of the debris management process in accordance with applicable local, State, and Federal laws, standards, and regulations;

1.3.2.3.9. Payment of landfill-tipping fees, if requested by County, for purposes of receiving eligible reimbursement through FEMA for such fees (Contractor shall be reimbursed for costs);

1.3.2.3.10. Maintain communication with and otherwise assist Debris Monitor in tracking trucks, verifying delivery, covering of trucks, review of truck manifest and load capacity, maintenance of manifest tickets, and documentation of location of origin of debris;

1.3.2.3.11. Maintain communication with the County’s administration and staging site director employed by the County; and

1.3.2.3.12. Provide the County and its Debris Monitoring consultant with data and documentation necessary to verify and maintain records for FEMA reimbursement.

1.3.3. BONDING REQUIREMENTS

1.3.3.1. A one hundred ten percent (110%) Performance bond and a one hundred ten percent (110%)

Payment bond shall be furnished payable to, in favor of, and for the protection of the County.

When Bid bonds are required, they must be in a sum equal to five percent (5%) of the total amount of the contractor’s response and may be in the form of a surety issued bond or cashier’s check made payable to the McDuffie County. Bid bonds are returned to the unsuccessful suppliers when the Notice of Award has been issued or contract has been executed. When bonding is required, failure to submit appropriate bonding will result in automatic rejection of bid.

1.3.3.2. Performance and/or Payment bonds must be presented within ten (10) days of the Notice of Intent to Award or prior to the award of contract, whichever is later. Surety companies executing bonds must appear on the Treasury Department’s most current publication (Circular 570 as amended) and be authorized to do business in Georgia. Unless otherwise specified, bonds shall be in effect for a period of one year from the completion of the project. The bond amounts shall be increased as the contract amount is increased. No alternative securities are currently accepted in lieu of performance or payment surety bonds.

1.3.4. OTHER INFORMATION

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1.3.4.1. The Successful contractor shall maintain safe and continuous vehicular access at all times, unless otherwise approved by the McDuffie County. The Contract shall provide all necessary signage and traffic control devices.

1.3.4.2. The Successful contractor shall adequately handle damage claims which result from contractor’s errors or omissions.

1.3.4.3. In the event that subcontractors are used, a subcontractor plan shall be submitted to County or its representative. Prime contractors must take the affirmative steps required by 2 CFR §

200.321(b)(1)-(5) prior to engaging any subcontractors. Under no circumstance will any subcontractor be permitted without compliance with all applicable federal regulations, including those set forth herein.

1.4. PACKAGING/SUBMISSION REQUIREMENTS

The following information and/or documents MUST be included with the supplier’s response and in the order listed below:

a. ___ Information/Cover Page (supplied)

b. ___ RFP Response Disclosures & Acknowledgement sheet (supplied). Note: Non-Collusion and Conflict of Interest Disclosures section must be notarized

c. ___ Contractor Specific Information & Documentation

1) Qualifications: Provide information on the firm’s qualifications and prior experience that relates to this RFP;

2) Project Approach: Describe the Firm’s approach with regard to these services;

3) Similar Project: Submit a list of contracts beginning and completion dates of at least two (2) disaster recovery projects of similar size and debris yield/estimate;

4) Work-in-Progress: Submit a list of current work-in-progress with contract amounts and a list of work currently awarded by not yet started;

5) Quality Control: Submit information describing your firm’s quality control program;

6) Job Site Security: Describe how your company will provide job site security;

7) Sample Contract: Submit a sample contract for the performance of the work outlined in this RFP;

and

8) Other: Include any other pertinent information that may be used by the County to evaluate the

Firm’s proposal.

d. ___ Pricing Sheet (supplied)

e. ___ References Sheet (supplied)

f. ___ Tax Compliance form (supplied)

g. ___ Contractor Affidavit – an additional copy (showing as notarized) of the Contractor (EV) affidavit must be included with response

h. ___ Subcontractor Affidavit (if applicable)

i. ___ Sub-subcontractor Affidavit (if applicable)

* If a complete and compliant (both required documents uploaded) registration has been submitted online, you may include a statement that you have a completed registration on file. Instructions and forms for registration may be found on the County’s website under Resources.

A checklist for your convenience has been provided at the end of this document. This checklist is for your convenience only and should not be returned with the submittal.

1.5. EVALUATION CRITERIA

The County reserves the right to offer an award based on any combination of factors it determines to be in the best interests of the County and the County Residents. Price will be a factor, but it will not be the sole determining factor in awarding the bid. The County may award the proposal to the Firm demonstrating the most complete response and demonstrating full compliance with the specifications in accordance with procurement requirements set forth by the

State of Georgia and the Federal Government.

The basis of selection will be the lowest responsive and responsible bid, as determined based on the Evaluation

Committee’s evaluation of the Proposals, including but not limited to the following evaluation criteria:

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- Past performance on similar projects in terms of quality of work, cost control, and compliance with performance schedules. This must be documented by references and other means within the bid response –

30%

- Firm qualifications and experience – 20%

- Project Approach (i.e. methodology, understanding of the work to be performed) – 20%

- Price proposal/Fee schedule (Using Pricing Sheet Provided) – 20%

- Technical approach – quality of package (requested information provided, presentation, etc.) – 10%

The County reserves the right to accept the BEST-EVALUATED RESPONSE as deemed by the Evaluation

Committee, which may or may not be the lowest monetary response.

1.6. FEDERAL TERMS AND PROVISIONS REQUIRED IN CONTRACT

The following terms and conditions must appear in any contract entered into the with Successful Contractor related to the services set forth in this RFP.

1) Access to Records.

The following access to records requirements applies to the Contract in addition to any requirements that may be elsewhere imposed:

a. Contractor agrees to provide County, the Comptroller General of the United States, or any of their authorized representatives or designees, access to any books, documents papers, and records of

Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. Contractor shall keep its books documents, papers, and records available for this purpose for at least five years after this Agreement terminates or expires or such longer time as requested by County at any time prior to the expiration of the then applicable time frame. This provision does not limit the applicable statute of limitations.

b. Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

c. Contractor agrees to provide any of the foregoing parties access to construction or other work sites pertaining to the work being completed under this Agreement, if applicable.

d. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Contractor does not transfer the records to County or any authorized or designated federal representative.

2) Environmental Compliance.

a. Contractor shall comply with all applicable standard, orders, or regulations issued pursuant to the

Clean Air Act (42 U.S.C. § 1701 et seq.) and the Federal Water Pollution Control Act as amended

(33 U.S.C. § 1251 et seq.).

b. Contractor shall report all violations to the County, any applicable State agencies, and the regional office of the Environmental Protection Agency.

c. Contractor shall include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance.

d. Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy

Policy and Conservation Act (42 U.S.C. § 6201 et seq.).

3) Contract Work Hours and Safety Standards Act.

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a. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Paragraph (a) of this section, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and any subcontractor responsible therefore shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in

Paragraph (a) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (a) of this Section.

c. Withholding for unpaid wages and liquidated damages. The applicable federal funding agency shall upon its own action or upon written request of an authorized representative of the

Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the

Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in

Paragraph (b) of this Section.

d. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in Paragraphs (a) through (c) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with clauses set forth in Paragraphs

(a) through (c) of this Section.

4) Equal Employment Opportunity.

This provision is applicable to all federally assisted construction contracts, as that term is defined at 41

C.F.R. § 60-1.3. To the extent the Agreement meets this definition, Contractor agrees as follows:

a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

c. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal

RFP 24-012 DEBRIS REMOVAL Page 10 of 43 complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish information.

d. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

e. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor.

f. The Contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

g. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further

Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

h. The Contractor will include provisions in Paragraphs (a) through (g) set forth in this subsection in every subcontract or purchase order unless exempted by rules, regulations, or orders of the

Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provision will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance;

provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; provided that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish he administering agency and the Secretary of Labor such information as they may require for the supervision of such compliances, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract medication subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has no demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart

D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertaking the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

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5) Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus

Area Firms.

a. If Contractor intends to subcontract any portion of the work covered by the Agreement, Contractor must take all necessary affirmative steps to assure that small and minority businesses, women’s business enterprises and labor surplus area firms are solicited and used when possible. Affirmative steps must include:

i. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

ii. Assuring that small and minority businesses, and women’s business enterprises, are solicited whenever they are potential sources;

iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; and

v. Using the services and assistance, as appropriate, of such organizations as the Small

Business Administration and the Minority Business Development Agency of the

Department of Commerce.

6) Immigration and Nationality Act

Contractor agrees to comply with the terms of the employment provisions contained in 8 U.S.C. Section

1324A(e), Section 274A(e) of the Immigration and Nationality Act.

7) Administrative Remedies for False Claims and Statements

Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and

Statements) applies to Contractor’s actions pertaining to this Agreement.

8) Remedies

a. If any work performed and/or good delivered by Contractor fails to meet the requirements of the

Agreement, any other applicable standards, codes or laws, or otherwise breaches the terms of the

Agreement, the County may in its sole discretion:

i. Elect to have Contractor re-perform or cause to be re-performed, at Contractor’s sole expense, any of the work which failed to meet the requirements of the Agreement;

ii. In the case of goods, reject the goods and require Contractor to provide replacement goods that meet the needs of County and the terms of the Agreement;

iii. Hire another Contractor to perform the work and deduct any additional costs incurred by

County as a result of substituting contractors from any amounts due to Contractor; or

iv. Pursue and obtain any and all other available legal or equitable remedies.

b. This Section shall in no way be interpreted to limit the County’s right to pursue and obtain any and all other available legal or equitable remedies against Contractor.

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9) Compliance with Applicable Laws

a. Contractor agrees to be bound by the terms of the Federally-Funded Subaward and Grant

Agreement between the County and FEMA and/or the State of Georgia and any of its agencies if applicable.

b. Contractor agrees to be bound by all applicable state and federal laws, regulations, and Executive

Orders.

10) Suspension and Debarment

a. Federal regulations restrict the County from contracting with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities, where the contract is funded in whole or in part with federal funds. Accordingly, a contract or subcontract must not be made with any parties listed on the SAM Exclusions list. SAM

Exclusions is the list maintained by the General Services Administration that contains the name of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under certain statutory or regulatory authority. The Contractor can verify its status and the status of its principals, affiliates, and subcontractors at www.SAM.gov.

i. This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.

3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §

180.935).

ii. Contractor must comply with 2 C.F.R. pt. 180, Subpart C and 2 C.F.R. pt. 3000, subpart

C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

iii. This certification is a material representation of fact relied upon by the County. If it is later determining that the Contractor did not comply with 2 C.F.R. pt. 180, Subpart C and

2 C.F.R. pt. 3000, Subpart C, in addition to remedies available to the County, the Federal

Government may pursue available remedies, including but not limited to suspension and/or debarment.

11) Byrd Anti-Lobbying Amendment

a. Contractors who apply or bid for an award of $100,000 or more shall file the required certification found below. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient.

b. The certification referenced in Paragraph (a) of this Section is below:

http://www.sam.gov/

RFP 24-012 DEBRIS REMOVAL Page 13 of 43

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-

LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section

1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Consultant, _______________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Consultant understands and agrees that the provision of

31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statement, apply to this certification and disclosure, if any.

__________________________________________ Date: _______________________________

Signature

Name:

Title:

RFP 24-012 DEBRIS REMOVAL Page 14 of 43

REQUESTS FOR PROPOSAL

GENERAL PROVISIONS

Sections II - VII review the general terms and conditions. Any bid-specific information noted in Section I or in the Specifications &

Response Section will take precedence.

2. SECTION II – GENERAL TERMS AND CONDITIONS

All available information, notices and addenda regarding this RFP shall be posted on the County’s website. Effective July 1, 2018, House Bill 489 requires that any solicitation extended by a municipal corporation for goods and services valued at

$10,000 or more and any solicitation opportunity extended for public works subject to Chapter 91 of Title 36 of the O.C.G.A.

also be posted on the Georgia Procurement Registry (GPR).

It is the Supplier’s responsibility to check the County’s website in order to confirm they have the most current information prior to submitting a response. Subsequent to the opening, all status notices will also be posted on the County’s website.

2.1. RESTRICTIONS ON COMMUNICATIONS WITH STAFF

All questions about this bid must be submitted in the following format:

- Company Name

- Question

- Citation to relevant section of the bid

All questions, including questions regarding specifications/technical issues related to the RFP and administrative issues, must be in writing to the County Manager for this RFP (with a ‘cc’ to County Clerk). The deadline for questions is noted in

Section 1.2 of this RFP.

The County Manager and County Clerk’s contact information is as follows:

David Crawley

County Manager

McDuffie County

210 Railroad St

P. O. Box 1017

Thomson, GA 30824

Email: David.Crawley@Thomson-Mcduffie.gov

Carrie Edwards

County Clerk

McDuffie County

210 Railroad St

P. O. Box 1017

Thomson, GA 30824

Email: Carrie.Edwards@Thomson-McDuffie.gov

No questions other than written will be accepted. No response other than written will be binding upon the County. Questions will be combined into one list of questions and responses and will be posted as an addendum.

From the issue date of this request until an award has either been made or deemed closed for other reasons, institutions or individuals providing submissions are not permitted to communicate with members of the commission, the evaluation team or

County employees, other than mentioned above, with regard to the purpose or intent of this Request for Proposal. The exception to this is the submission of written technical questions to the County Manager with the County Clerk copied, or communications unrelated to this Request for Proposal which occur in the ordinary course of County business. The County reserves the right to reject the submission of the offending supplier if this provision is violated.

mailto:John.Waller@Thomson-Mcduffie.gov mailto:Kristal.Singletary@Thomson-McDuffie.gov

RFP 24-012 DEBRIS REMOVAL Page 15 of 43

Any updates or changes to this and related documents will be posted on the County’s website (Bids and RFPs | Thomson-

Mcduffie, Georgia) or by selecting “Business” and then “Bids & Procurement” from the County home page (Home Page |

Thomson-Mcduffie, Georgia). It is the Supplier’s responsibility to refer to the website for any addenda or other pertinent information before responding to this Request for Proposal.

2.2. PUBLIC DISCLOSURE AND PROPRIETARY INFORMATION

All bids and any other public record with respect to solicitation shall be subject to public inspection, upon request, after the posting of the Notice of Intent to Award (NOIA) or Notice of Award (NOA). This is being done in order to protect the integrity of the procurement process unless otherwise required by law. For any Open Records requests, the

County may assess fees for the costs of producing these public records as permitted by the Georgia Open Records

Act.

Exceptions to the availability of information include 1) bona fide trade secrets meeting confidentiality requirements that have been properly marked and documented; 2) matters involving individual safety as determined by the County;

3) company financial information requested by the County to determine supplier responsibility; and 4) other constitutional protections. All documents that are to be proprietary and confidential are to be clearly marked as such.

Information received in response to this bid request will become the property of the County and will not be returned.

If a proposer feels that any information is confidential or proprietary in nature, the proposer must prominently mark and initial such information as “PROPRIETARY INFORMATION”. The County will not release or divulge such information to third parties without the consent of the Proposer unless required to do so by applicable law or order a court of competent jurisdiction.

3. SECTION III –OVERVIEW AND PROCEDURES

Sections II - VII review the general terms and conditions. Any bid-specific information noted in Section I or in the

Specifications & Response Section will take precedence.

3.1. COMPANY BACKGROUND & EXPERIENCE

Suppliers that have not contracted with the McDuffie County in the past 2 years should provide a list of clients for whom similar services, as detailed in this bid, have been provided during the past 3-4 years. References must be for the organization or person submitting the bid. Subcontractor’s references are not acceptable.

The list must include:

Dates of service

Name of contact person

Title of contact person

Phone number of contact person

The Supplier will also disclose any services terminated by the client(s) and the reason(s) for termination.

Failure to provide this information will disqualify the bid submission.

3.2. REFERENCES

References should be for historical projects of similar size and scope. Details regarding these references are noted on the Reference page.

3.3. BID REQUIREMENTS

3.3.1. SPECIAL CONDITIONS

By submitting a bid response, Suppliers certify that their proposals are made without collusion or fraud and they have not offered or received any inducements in connection with their proposals. They further agree that this solicitation and any resulting contract shall be governed in all respects by the laws of the State of Georgia and they shall comply with applicable federal, state and local laws and regulations. Any contracts or leases resulting from the award of a Bid are to be for a period of not more than one year, with four renewal options for a total period not to exceed five years.

Any exceptions to this policy must be noted and agreed to by both parties in writing, prior to the issuance of the Notice of Award. Pricing must remain firm for the duration of the initial term of the resulting contract; failure to hold firm pricing for the initial contract will be considered as sufficient cause for termination. Proposal submissions must remain valid for a minimum period of ninety (90) days after the submission due date unless otherwise stipulated.

https://www.thomson-mcduffie.gov/rfps https://www.thomson-mcduffie.gov/rfps https://www.thomson-mcduffie.gov/ https://www.thomson-mcduffie.gov/

RFP 24-012 DEBRIS REMOVAL Page 16 of 43

The County reserves the right to reduce or increase the scope of the project if the lowest responsible and responsive supplier’s submittal is not in line with the budgeted amount for the project. The County, at its sole discretion, reserves the right to increase or decrease the scope of work to facilitate an award. This scope reduction will be enacted only if it is in the best interest of the County and constitutes no guarantee of scope.

The County also reserves the right to add to the contract any future work or purchased goods, with the agreement of the supplier, at prices offered in this bid document. This option will be enacted during the contract or within six months subsequent to the end of the contract, if in the best interest of the County and with the agreement of both parties.

3.3.3. RESPONSES

In responding to a bid, ALL item numbers with appropriate formatting must show some type of acknowledgment in order for the response to be properly evaluated. Failure to respond to all specification criteria items may be deemed as sufficient reason to reject a submission. If formatting is not provided for a response at the item level, any non-compliance must be clearly marked, detailed and included with the bid response. Any items not identified shall be deemed as in compliance. Suppliers must: 1) complete any/all required forms; 2) indicate agreement or disagreement on each mandatory requirement and, if requested, provide additional information on how the specifications will be exceeded or not met; and 3) provide complete and detailed responses to any and all non-mandatory requirement that can be fulfilled.

If determined to be in the County’s best interests, a Best and Final Offer (BAFO) may be requested. A BAFO may be requested when:

- The prices for all responsive and responsible submittals exceed budget;

- No single responsive and responsible submittal meets all requirements;

- When all responses are unclear or deficient in one of more areas;

- When the grading scores of two or more submittals require additional evaluation;

- At the discretion of the evaluation team to clarify submittals or to negotiate costs or other deliverables.

3.3.4. PACKAGING OF BID

Submissions must be by the following method:

No e-mail, fax or scanned submissions will be accepted. Hard copies are to be submitted in a sealed package containing an original and the number of copies specified in Section 1. The sealed package must be labeled on the outside as follows:

(Supplier Name)

RFP # (Bid Number)

(Bid Title)

Supplier response to this bid must consist of the following documents in addition to any bid-specific information requested in Section 1.4:

• Pricing

• Schedule of proposed work

• Completion Schedule

• W-9

• Reference list of a minimum of three (3) references (supplied).

3.3.5. SUBMISSION OF BID

The original and specified copies of the bid response must be delivered to the County Clerk no later than the time and date specified in Section I. Any bid received after stated time or delivered to department other than

Finance will not be accepted. The McDuffie County will not be responsible for any responses not received by the Finance Department prior to the deadline.

Proposals must be submitted to:

McDuffie County

ATTN: David Crawley – County Manager

210 Railroad Street, Thomson, GA 30224

RFP 24-012 DEBRIS REMOVAL Page 17 of 43

Or delivered to:

McDuffie County

ATT…