SOLICITATION _ External Evaluator.pdf

Solicitation No. 24-7047-01 Solicitation Name: External Evaluator

REQUEST FOR PROPOSAL

EXTERNAL EVALUATOR

BID NUMBER 24-7047-01

Offered By:

DEKALB COUNTY BOARD OF HEALTH

INTERNAL SERVICES, PURCHASING

445 WINN WAY, SUITE 398

DECATUR, GEORGIA 30030

Release Date: March 12, 2024

Solicitation Close Date: April 12, 2024 @ 3:00 p.m., EST

Issuing Officer: Addrenna Latham/ Dekalb County Board of Health/Internal Services/ Procurement & Contracts Supervisor Email Address: Addrenna.latham@dph.ga.gov mailto:Addrenna.latham@dph.ga.gov

Submission Instructions

To be considered, a proposal must be received by April 12, 2024, 3:00 p.m. EST via email to:

dph-dcbohpurchasing@dph.ga.gov For the email subject, use “Request for Proposal – EXTERNAL

EVALUATOR.” Proposals received after this date and time will not be accepted.

Contractor’s must be registered with the State of Georgia to receive the bid award. If you are not registered with the State, please register via the link provided here: https://doas.ga.gov/state-purchasing/supplier-services/getting-started-as-a-supplier.

The Contractor is encouraged not to wait until the last minute to submit their proposal as unforeseen technical issues can create unforeseen challenges to submitting proposals by the due date and time.

Responses should be submitted via document file, (PDF) format. Please use caution in creating electronic files. If the DeKalb County Board of Health (“DCBOH”) is unable to open an electronic file due to a virus or because the file is corrupt, the Contractor’s response may be considered incomplete and disqualified from consideration.

Budget Proposal

All proposals must contain a Proposed Budget as required in this RFP. Your Proposed Budget must be submitted as a separate document titled, “Proposed Budget / Your Company Name.”

Virtual Vendor Conference

A Virtual Vendor Conference will be held on Wednesday, April 3, 2024, at 2:00PM. Attendance of the virtual conference requires registration for vendors to receive the meeting link. Attendance of the conference is optional; however, attending vendors must register their attendance via email to addrenna.latham@dph.ga.gov no later than April 2, 2024, 3:00PM EST. Please cause your email subject line to reflect, “VENDOR REGISTRATION – EXTERNAL EVALUATOR.” All questions regarding the solicitation mailto:dph-dcbohpurchasing@dph.ga.gov https://doas.ga.gov/state-purchasing/supplier-services/getting-started-as-a-supplier https://doas.ga.gov/state-purchasing/supplier-services/getting-started-as-a-supplier mailto:addrenna.latham@dph.ga.gov

Solicitation Name: External Evaluator are to route to this same email address. Answers to vendor questions will post online in the “Additional

Info” section of the RFP no later than close of business Friday, April 5, 2024.

Restrictions on Communicating with DCBOH Staff

From the issue date of this RFP, until the final award is announced (or the RFP is officially canceled), the contractors are not allowed to communicate with any DCBOH staff regarding this solicitation except through the Issuing Officer named herein. Prohibited communication includes all contact or interaction, including but not limited to telephonic communications, emails, faxes, letters, or personal meetings, such as lunch, entertainment, or otherwise. DCBOH reserves the right to reject the response of any Contractor violating this provision.

OVERVIEW

The DeKalb County Board of Health (DCBOH) Health Assessment and Promotion Department (HAP) created the Local Efforts towards Addressing Disparities in DeKalb (LEAD DeKalb) initiative. This initiative aims to improve health, prevent chronic disease, and reduce health disparities in DeKalb County. The LEAD DeKalb program is funded by the Centers for Disease Control and Prevention (CDC) as part of their Racial and Ethnic Approaches to Community Health (REACH) Program. The DCBOH has received the REACH grant for a third, 5-year term, with a current performance period of September 2023 through September 2028.

The DCBOH and its partners collaborate to implement tailored, community-based, participatory initiatives that (1) improve the nutrition, physical activity, and weight management among the African American and Latinx populations in target census tracts and to (2) increase vaccine uptake among African American and Latinx populations in priority ZIP code areas.

The LEAD DeKalb initiative includes 2 (two) components. Component A includes nutrition, physical activity, and a family healthy weight program. Component B includes COVID-19, Flu, and other adult vaccines.

As part of the LEAD DeKalb initiative, a contractor will assist the evaluator in reaching the following programmatic goals:

• Ensure activities adhere to the goals and standards set forth by the REACH program.

• Monitor and assess the planning, implementation, execution, and maintenance of the grant activities through process and outcome evaluation.

• Share successes and challenges of the grant activities.

• Inform future funding opportunities and health programs.

• Improve the health and well-being of all people who live, work, and play in DeKalb County.

TARGET AUDIENCE

African Americans (i.e., non-Hispanic Blacks) living in DeKalb County have been identified as the priority target population. This population was selected due to its large size and high disease burden.

Additionally, the Latinx community has been identified as a secondary population as they face similar

Solicitation Name: External Evaluator barriers and have a high prevalence of chronic diseases. The estimated size of the target population is 484,000, including African Americans and Latinx populations. See Table 1 below.

Table 1: DeKalb County African American Demographic Characteristics

Total Population: 762,820 African American Latinx (Hispanic)

Characteristic # of persons % of county # of persons

% of county

Total group population 418,788 54.90% 65,603 8.60%

Source: U.S. Census Bureau, QuickFacts 2021

For Component A (nutrition, physical activity, and the family healthy weight program), the target population resides in specific census tracts. There are 145 census tracts in DeKalb County. In 56 tracts, at least 20% of the population lives below the 100% federal poverty threshold (American Community Survey, 2016). Of these, 43 tracts have a population of at least 25% African American. For Component B (COVID-19, flu, and other adult vaccines), the priority population will be African American adults living in but not limited to the following ZIP codes: 30032, 30038, 30340, 30058, and 30083.

SCOPE OF WORK (COMPONENTS A & B)

Under the guidance of the Board of Health, the contractor will evaluate activities related to the LEAD DeKalb initiative. Specific contractor tasks include:

1. Tools Development and Data Collection – Develop or adapt and use appropriate evaluation tools and research methods in collaboration with program staff.

a. Conduct several community landscapes (i.e., a review of the community design for the physical activity landscape, a review of the food service landscape; a review of the food systems landscape; a review of the landscape of trusted messengers, etc.).

b. Develop or adapt data collection tools.

c. Recruit participants for data collection.

d. Conduct data collection.

e. Gather relevant data from the program staff.

2. Analysis and Reporting – Prepare reports summarizing successes, challenges, and project status, and addressing specific evaluation questions.

a. Analyze collected quantitative and qualitative data.

b. Compile evaluation results and prepare a report to include findings, insights, and recommendations.

c. Compile status update reports, minimum bi-weekly.

d. Compile and prepare a report and presentation of evaluation findings for CDC site visits, as needed.

3. Dissemination of Results – Share insights, common challenges, key lessons learned, and recommendations with the broader program, including the CDC and other grant recipients.

a. Assist in the production of at least one (1), one-page report brief for dissemination to the Live Healthy DeKalb Coalition, the CDC, other REACH grant awardees, key stakeholders, and community partners.

b. Create at least one abstract for oral or poster presentations at professional conferences and expositions.

4. Technical Assistance – Provide expert guidance to program staff and stakeholders on evaluating the LEAD DeKalb initiative.

a. Participate in monthly conference calls with program staff to discuss evaluation status.

Solicitation Name: External Evaluator

b. Participate in monthly CDC Technical Assistance provider calls, as needed.

c. Conduct monthly in-house team meetings, project management, coordination, and email correspondence with program staff and project partners.

The contractor will be available to consult with the program staff and other key community partners during this period. The contractor’s team will meet with staff as needed. The program staff will set up meetings based on mutual availability.

This is a multi-year agreement and services will begin upon execution of this agreement through August 30, 2028.

Revisions & Final Deliverables The contractor will submit deliverables by the specified due date. The contractor is agreeing to revise final deliverables as needed to meet the approval of the DCBOH. Deliverables will be classified as “Final” at the direction of the Board of Health staff.

Access to Data All data relevant to the scope of work under this agreement will be provided to the contractor by program staff. Data will be obtained and transferred in the following manner:

• Email Correspondence

• Virtual Shared Drive (i.e., SharePoint)

All persons who will have access to data under this agreement will include the program staff and the contractor. Unless otherwise stated, any additional entities not affiliated with the program staff and the contractor must obtain written consent from the program staff.

Data will be exchanged as needed to meet reporting requirements and on an ongoing basis between the contractor and program staff for the entire duration of the project.

Security of Data The contractor will not attempt to identify individuals’ records by any method. Datasets containing protected health information (PHI) shall be encrypted. All reasonable precautions shall be taken to secure the data from individuals who do not specifically have authorized access. Data shall be kept on a password-protected file server located in a secure environment. Project data will be kept in a separate directory on the server which is also password-protected and will be accessible only by the contractor or program staff members specifically authorized to access such data as provided in this agreement.

Property Rights While under this agreement, all written, digital, audio, and visual materials prepared by the contractor, including but not limited to, reports, proposals, analysis, writings, logic models, and data collection instruments (i.e., surveys, focus group discussion guides, key informant interview guides, phone interview guides, sound recordings, pictographic reproductions), or materials of any type whatsoever, shall remain the joint property of the contractor and program staff. The contractor will assert no right, claim, or interest of any nature whatsoever with respect thereto, including specifically but, without limitation, any claim to statutory copyright or patent.

Data Use and Ownership The contractor may request data use approval from the DCBOH for the development of papers or reports. Such papers or reports must have the specific written approval of the DCBOH before such products are submitted for presentation or publication.

Solicitation Name: External Evaluator

The DCBOH shall be cited as the source of the data in all tables, reports, presentations, and scientific papers, and the contractor shall be cited as the source of interpretations, calculations, and/or manipulations of the data.

At least (60) days prior to submission or presentation at a meeting or conference the contractor will furnish a copy of the proposed publication or presentation to the DCBOH for review and comment.

The DCBOH will have (30) days after receipt of the proposed materials to request that the contractor remove confidential or sensitive information from the materials or rewrite the materials based on recommendations by the DCBOH. For teaching and research purposes, the contractor may use, reuse, and analyze the data and findings as reviewed and approved by the DCBOH.

Disposition of Data The contractor and its agents will destroy all confidential information associated with actual records as soon as the purposes of the project have been accomplished and notify the DCBOH to this effect in writing. When this agreement is complete, the contractor will:

• Destroy all hard copies containing confidential data (e.g., shredding);

• Archive and store electronic data containing confidential information offline in a secure place, and delete all online confidential data; and

• All other data will be erased or maintained in a secured area.

PROPOSAL SUBMISSIONS MUST ADDRESS AND REFERENCE EACH SECTION BELOW.

Section 1 – Qualification Requirements:

It is essential that the External Evaluator be aware of the cultural diversity of the project area and have experience evaluating the breadth of initiatives that are planned. The successful contractor must have the following minimal qualifications:

a. At least 5 years of experience and expertise in evaluating multi-site, community-based policy, systems, and environmental (PSE) change projects designed to address racial and ethnic health disparities, specifically among the African American and Hispanic populations.

b. Applicants must possess knowledge of the community context (e.g., area history, geography, politics, and social and economic conditions), and embody cultural and contextual competency (e.g., gender, cultural balance, sensitivity, and language skills), and sensitivity to the project’s principles of empowerment, participatory-action, and capacity-building.

c. Ability to consult, advise, communicate, and work collaboratively with a variety of stakeholders and communities across diverse ethnic, cultural, and socioeconomic backgrounds.

d. Must have quantitative and qualitative methodological expertise in evaluating initiatives.

e. Strong written and verbal communication and interpersonal skills.

f. Detail-oriented and self-motivated.

g. Able to listen well, accurately communicate ideas, and work well in a team.

h. Experience evaluating CDC-funded programs is preferred.

Section 2 – Submission Requirements:

• Provide a capability statement.

• Provide a list of any publications or professional presentations.

Solicitation Name: External Evaluator

• Submit a 500-word maximum narrative describing your experience with cultural competency in working with vulnerable and underserved populations.

• Provide at least 3 pertinent evaluation examples that have been conducted in the past 5 years.

At a minimum, evaluation examples must include:

▪ Summary of the project or program that was evaluated

▪ The size, scope, and duration of the evaluation

▪ Evaluation design and data collection methods (including instruments and measures)

▪ Timeline

▪ Project management

▪ Data analysis procedures

▪ Reporting results (in various formats appropriate for various audiences)

Related publications or professional presentations are preferred and may be provided in lieu of an individual project description. Project descriptions should illustrate the applicant’s capacity to manage data collection across multiple sites.

Proposed Timeline

Description of Services Estimated Start Date*

Develop or adapt data collection tools Upon execution

Recruit participants for data collection, as needed April 2024

Conduct data collection, i.e., conduct several community landscapes in Year 1

April 2024

Gather relevant data from the program staff Upon execution

Analyze collected quantitative and qualitative data May-June 2024

Compile evaluation results and prepare an evaluation report May-June 2024

Compile status update reports, minimum bi-weekly Upon execution

Compile and prepare a report and presentation of evaluation findings for CDC site visits, as needed

As needed

Assist in producing at least one (1), one-page report brief for dissemination

June 2024

Create at least one abstract for oral or poster presentations June 2024

Participate in monthly conference calls with program staff Upon execution

Participate in monthly CDC Technical Assistance provider calls Upon execution

In-house team meetings, project management, coordination, and email correspondence with program staff and project partners

Upon execution

*The estimated start dates are subject to change depending on the execution of the contract.

Solicitation Name: External Evaluator

Section 3 - Deliverables Cost Proposal Form

Contractors must submit a separate cost proposal form with justification for consideration. Your cost proposal must include labor, equipment, supplies and materials, etc. to complete the project as specified in this solicitation. Provide cost for each deliverable below, cost must not exceed $50,000 for each year of contracted service.

Deliverables

Tools Development and Data Collection

Develop or adapt and use appropriate evaluation tools and research methods in collaboration with program staff.

Estimated Due Date* Unit Amount Total

Develop or adapt data collection tools April 2024

Recruit participants for data collection Ongoing

Conduct data collection, i.e., conduct several community landscapes in Year 1

June 2024

Gather relevant data from the program staff Ongoing

TOTAL

Analysis and Reporting

Prepare reports summarizing successes, challenges, and project status and addressing specific evaluation questions.

Estimated Due Date* Unit Amount Total

Analyze collected quantitative and qualitative data

July 2024

Compile evaluation results and prepare an evaluation report

July 2024

Compile status update reports, minimum bi-weekly

September 2024

Compile and prepare a report and presentation of evaluation findings for CDC site visits, as needed

As needed

Dissemination of Results

Share insights, common challenges, key lessons learned, and recommendations with the broader program, including the CDC and other grant recipients.

Estimated Due Date* Unit Amount Total

Assist in the production of at least one (1), one-page report brief for dissemination

August 2024

Create at least one abstract for oral or poster presentations

August 2024

Technical Assistance

Provide expert guidance to program staff and stakeholders on evaluating the LEAD DeKalb initiative.

Estimated Due Date* Unit Amount Total

Participate in monthly conference calls with program staff

Ongoing

Participate in monthly CDC Technical Assistance provider calls

Ongoing

In-house team meetings, project management, coordination, and email correspondence with program staff and project partners

Ongoing

TOTAL ANNUAL YEAR FUNDING

*The estimated due dates are subject to change depending on the execution of the contract.

Invoicing Invoices will be accepted and honored in accordance with the finalized budget. To be successfully reimbursed, contractor must submit itemized invoices for services performed and supporting documents by the 15th day of each calendar month.

All deliverables under the terms of this contract are due before the release of the final payment. The final invoice for services rendered must be received no later than August 15, 2024.

EVALUATION:

The DCBOH evaluation committee will evaluate each proposal properly submitted in accordance with the instructions of this solicitation. DCBOH at its sole discretion, determines the criteria and process whereby proposals are evaluated and awarded. No damages shall be recoverable by any challenger as a result of the determinations or decisions by DCBH.

Contract award will be made to the Contractor that submits the proposal considered most advantageous to the DCBOH based on the process and the evaluation criteria set forth below. Proposals that are deemed to be responsive will be submitted to the evaluation committee for review. Proposals that are deemed to be non-responsive will not be evaluated or considered for award.

DCBOH reserves the right to develop a competitive range. The competitive range is defined as a group of competitive negotiation, as determined during the evaluation process, consisting of those proposals that are considered to have a reasonable chance of being selected for an award and who are, therefore, chosen for additional discussion and negotiations. Proposals not in the competitive range are given no further consideration.

DCBOH reserves the right to evaluate proposals on the non-price related criteria only. Proposals that do not meet at least 70% of the non-price points possible may be eliminated from further consideration.

Proposals that do not contain pricing information will not be considered for an award.

Solicitation Name: External Evaluator

SUPPLEMENTAL INFORMATION:

Cost Proposal The DeKalb County Board of Health provides a fee-for-service payment. No upfront payment or deposit will be provided. The Contractor is required to itemize invoices for services and submit to the DCBOH upon the completion and/or inspection of the project.

Please submit your cost proposal in detail for each major category. Depending on the final budget, some elements may need to be modified or eliminated. Your cost proposal must be included in your submission to be considered for award.

Solicitation Name: External Evaluator

TERMS AND CONDITIONS ________________________________________________________________

1. CONTRACT: The request for proposal invitation, terms and conditions, the specifications and the received proposal form the contract and they shall be fully a part of the contract, as if thereto attached, or therein repeated. These documents represent the entire agreement between the successful vendor and the DCBOH and supersede any prior discussions or negotiations, representations or agreements, either written or oral. Contracts, if awarded, will be awarded to responsible proposers whose proposals will be most advantageous to the DCBOH, cost and other factors considered. The determination will be solely at the discretion of the DCBOH.

Based upon the availability of funding and the assumption of satisfactory performance by the responders awarded the initial contract, it is the intent of the DCBOH to enter into a series of one-year renewable contracts. The contract shall not bind, nor purport to bind, the DCBOH for any contractual commitment in excess of the original contract period, which is anticipated to be upon contract execution through August 30, 2024.

In the event that the DCBOH exercises the right to renew, all terms, conditions, and specifications of the original contract, as amended, shall remain the same and apply during the extension period, a period not less than one year, or no more than three years, in duration. If an extension option is exercised, such shall be accomplished in writing between the contractor and the DCBOH’s Purchasing.

2. The DCBOH reserves the right to reject or accept any or all proposals and to waive informalities, minor irregularities and technicalities in proposals received, whichever is deemed to be in the best interest of the DCBOH, and to re-advertise.

3. The DCBOH may accept any items or group of items of any proposal unless the proposer qualified his proposal by specific limitations.

4. COMPLETION: The Offeror shall read the proposal carefully, complete all entries, and submit all documents or information requested. Failure to do so may result in rejection of the proposal.

5. CONTRACT RENEWAL: After the initial contract term, the DCBOH reserves the right to renew the contract for three (3) additional years if the vendor and the DCBOH mutually agree. Renewing the contract would imply doing so under the same terms and conditions unless proposed changes are mutually agreed upon by both parties.

6. FUNDING: If for the term of this contract, the Board for any reason, fail to appropriate funds for these services, the DCBOH will notify the vendor immediately and will no longer be obligated under the contract.

7. EXCEPTIONS: Proposals meeting the requirements of this document shall be considered. Offerors taking exception to any of the terms, conditions or offering substitutions shall state these exceptions plainly on the Exceptions Page of this document.

8. DEVIATIONS to any/all requested options in this proposal are subject to approval by DCBOH prior to any resultant award.

9. QUANTITIES: Unless otherwise noted, any quantities provided for this Request for Proposal are estimated volume and do not represent a purchase contract quantity. DCBOH reserves the right to purchase quantities that are fewer, greater, or even none for the line items presented based on needs

Solicitation Name: External Evaluator at given times during the period of this pricing contract. The DCBOH reserves the right to not consider a proposal if a service charge, minimum dollar, or minimum quantity is applied.

10. OFFER TIMELINE: Offeror agrees to hold their offer open for acceptance by the DCBOH for no less than ninety (90) days from the CSP response date and time.

11. COMPLIANCE: Under this contract, the DCBOH Procurement Supervisor will have the responsibility to ensure compliance with contract requirements, such as but not limited to acceptance and inspection of equipment and services provided.

12. UNDERSTANDING: Offeror, by making his/her proposal, represents that he/she has read and understands the request for proposal.

13. CONTRACT AND PURCHASE ORDER: The DCBOH limits its purchases through the use of properly approved and authorized contracts and purchase orders. The successful vendor must be able to accept purchase orders via email (preferred) or facsimile (FAX). Therefore, the contract number or purchase order number shall appear on ALL itemized invoices to ensure payment.

14. Any contracts or agreements signed by any DCBOH employee other than the District Health Director or their designee is considered null and void.

15. INVOICING: The vendor shall submit itemized invoices within a timely manner during the DCBOH’s fiscal year in which the items were purchased. Invoices shall indicate the vendor contract number with the DCBOH along with the purchase order number. Invoices shall be issued for only items received.

Payment shall not be due until the invoice(s) are submitted after delivery. Payments will be made within thirty (30) days of receipt of an accurate non-disputed invoice. All invoices can be e-mailed to

DCBOHAPINVOICES@dph.ga.gov or mailed directly to: DCBOH, Attention: Accounts Payable

Department, P.O. Box 987, Decatur, Georgia 30031.

16. TAX EXEMPTION: DCBOH, by law, is exempt from most taxes. Offeror to retain on file a copy of a tax-exempt form submitted by DCBOH. Offeror is encouraged to allow for an automated tax exemption, not requiring the department buyer to request exemption. Do not include tax in your bid totals. If awarded contract, Offeror may obtain a copy of the DCBOH Tax Exemption Certificate by contacting the DCBOH Purchasing Department.

17. SIGN-IN AND IDENTIFICATION BADGES: For the safety purposes, all vendors will sign-in at the DCBOH or administration front desk when entering a DCBOH facility. All vendors will be expected to show their driver’s license or other government issued photo identification card to the employee at the front desk at the administration office.

18. FAILURE TO ABIDE BY TERMS: If at any time, a vendor fails to fulfill or abide by the terms, conditions or specifications of the contract, or to perform by providing the items/services at the price submitted or within the specified time frame, the DCBOH reserves the right, upon written notice to the vendor to cancel the contract.

19. DEFAULT: Prior to the cancellation of the contract for default, the DCBOH’s Purchasing will advise the vendor, in writing, of their intentions, and the reasons for such intentions. The vendor will be allowed fifteen (15) days to cure the default condition. If such condition is not cured to the satisfaction of the

DCBOH after that time, then the cancellation of the contract may be executed.

mailto:DCBOHAPINVOICES@dph.ga.gov

20. GIFTS: Please note that a “gift to a public servant” is a Class A misdemeanor offense if the recipient is a government employee who exercises some influences in the purchasing process of the governmental body. This would certainly apply to anyone who helps establish specifications or is involved in product selection or directs a purchase.

21. INTERLOCAL AGREEMENTS, PURCHASING COOPERATIVES: The DCBOH reserves the right to utilize other DCBOH contracts, State of Georgia contracts, contracts awarded by other Governmental

Agencies, other Boards, or cooperative agreements in lieu of any offer received, or award made as a result of this proposal, if it is in the DCBOH’s best interest to do so.

22. VENUE: Both parties agree that venue for any litigation arising from this contract shall lie in DeKalb

County, Georgia.

23. INSURANCE. Prior to beginning work, the successful contractor is required to furnish Certificates of

Insurance as may be required by the DCBOH and described in the specifications (Exhibit A)

24. PERFORMANCE: Prospective vendor must affirmatively demonstrate responsibility through a satisfactory performance record. Each Offeror is required to submit with their proposal a list of three

(3) references of organizations for which they currently or have provided products/services to within the last three (3) years. The list shall include the company/entity name, address, contact name, and telephone number.

25. PLACES OF BUSINESS: Prospective vendor may be required to furnish evidence in writing that they maintain permanent places of business and have adequate places of business and have adequate equipment, finances, and personnel to furnish the items/services offered satisfactorily and expeditiously.

26. EXCEPTIONS: Offerors taking exception to the terms and conditions or specifications of this proposal shall state these exceptions plainly on the Exception Page of the proposal document. If no exceptions are indicated on the submitted form, it will be assumed that your proposal complies with our document.

27. PRICING: Negotiation may be a part of this process. Therefore, vendors are cautioned to submit their most competitive price for their product and service the first time through on the Proposal Response forms. If the scope of the proposal and all other requirements are met initially, there may not be any need for negotiation with any vendor.

28. AWARD: It is the intention of the DCBOH to establish a contract with one offeror that successfully respond to this RFP. DCBOH does not guarantee any work or dollar amounts relating to this proposal. Purchases will be based upon the DCBOH’s needs throughout the period covered by this proposal. Therefore, this RFP contains information based on previous spend data. At the time of need, the department will select an approved vendor and submit exact specifications, quantities, delivery times, and any other relative information the vendor may need to provide a quote for that order to the requester per contracted pricing. DCBOH reserves the right to purchase more or less than quoted.

29. NOTIFICATON OF AWARD: ALL vendors properly responding on time to this proposal with all the required documents complete, will be considered for award. The DCBOH may elect to issue

Solicitation Name: External Evaluator subsequent proposals and approve additional vendors for the same or similar items/services during the agreement period, if it is determined to be in the best interest of the DCBOH.

30. CANCELLATION: DCBOH shall have the right to cancel for default all or any part of the undelivered portion of this order/service if vendor breaches any of the terms hereof including warranties of vendor or if the vendor becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies, which DCBOH may have in law or equity.

31. FORCE MAJEURE: If by reason of Force Majeure (unforeseeable circumstances), either party hereto shall be rendered unable wholly or in part to carry out its obligations under this agreement, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, acts of public enemy, orders of any kind of government of the United States or the State of Georgia or any civil or military authority;

insurrections; epidemics; landslides; land sinkage; lightning; earthquakes; fires; hurricanes; storms;

floods; washouts; droughts; arrests; restraint of government and people; civil disturbances;

explosions; breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability.

32. ASSIGNMENT DELEGATION: No right or interest in this contract shall be assigned or delegation of any obligation made by vendor without the written permission of DCBOH. Any attempted assignment or delegation by vendor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

33. WAIVER: No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved.

34. INTERPRETATION PAROLE EVIDENCE: This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial

Code is used in this agreement, the definition contained in the Code is to control.

35. ADVERTISING: The vendor shall not advertise or publish, without DCBOH’s prior consent the fact that

DCBOH has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local government.

36. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party’s intent to perform, he/she may demand that the other party give written assurance of his/her business intent to perform. In the event that a demand is made, and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract.

37. DISCLOSURES: By signing this proposal, a vendor affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the proposal submitted. Vendor shall note any and all relationships that might be a conflict of interest and include such information with the proposal (Conflict of Interest Questionnaire). By signing this proposal, a vendor affirms that, to the best of his/her knowledge, the proposal has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give them an unfair advantage over other vendors in the award of this proposal.

38. TERMINATION OF CONTRACT: It is understood that the DCBOH retains the option to terminate this

Agreement for any reason at the end of each contract year without pecuniary risk or penalty or at any point during the contract term with evidence of just cause. The termination will become effective and this Agreement shall terminate sixty (60) days prior to the end of the contract year or for just cause. The termination will become effective and this Agreement shall terminate sixty (60) days following written notification of intent.

The Board may terminate this contract, in whole or in part, for the Board's convenience, or because of failure of the Contractor to fulfill the obligations herein in any respect. The Board shall terminate by delivering to the Contractor, with at least five (5) days’ notice, a Notice of Termination specifying the nature, extent, and effective date of termination. Contractor shall be paid for services rendered up to the date of termination. Notice shall be given in accordance with Article 11 herein.

Notwithstanding the foregoing, this contract is subject to the availability of funds to the Board to provide reimbursement for services rendered. In the event that the source of reimbursement no longer exists, then this contract shall terminate immediately upon the giving of notice of such to the Contractor, without further obligation of the Board, and the Contractor shall be paid as provided herein for services rendered up to the date of termination. Notice shall be given in accordance with Article 11 herein.

39. CONFIDENTIAL OR TRADE SECRETS If any of the information is confidential or a trade secret belonging to the vendor and, if release would give advantage to a competitor or vendor, that information should be filed with the proposal in a separate envelope marked “CONFIDENTIAL – DO NOT DUPLICATE

WITHOUT PERMISSION”.

Acceptance of such materials does not constitute an admission by DCBOH that the materials are confidential or a trade secret. CRIMINAL RECORDS HISTORY: The vendor shall insure that all entities with which it contracts shall supply information regarding criminal records history of any employee, agent or consultant who shall be present on DCBOH’s property at any time. Under no circumstances shall any entity be allowed to use employees, agents or consultants present on site who have been convicted of a felony or a crime involving sexual misconduct.

40. COMPETITIVE PROCUREMENT: This RFP is part of a competitive procurement process which helps to serve the DCBOH’s best interest. It also provides vendors with a fair opportunity for their products to be considered. The process of competitive negotiation being used in this case shall not be confused with the different process of competitive sealed bidding. The latter process is usually used where the goods or services being procured can be described precisely and price is generally the determinative

Solicitation Name: External Evaluator factor, although it may be, and the DCBOH has the flexibility it needs to negotiate with vendors to arrive at a mutually agreeable relationship.

41. LENGTH OF CONTRACT: All responses to the RFP shall be valid for the date of Board approval with the possibility of four (4) additional annual renewals between the DCBOH and the Vendor.

42. ACCEPTANCE: This will be a single or multi-vendor award. DCBOH reserves the right to accept or reject any or all the proposals submitted, waive minor technicalities, and accept the offer most advantageous to the DCBOH. Contract, to awarded vendor, will be based on the determined “best value for the DCBOH”.

43. OTHER REQUIREMENTS: The warranty, general, special terms and conditions, insurance, submittal documents and specifications as stated herein shall apply and shall not be nullified, voided or altered in any way by the inclusion of the Offeror’s pre-printed forms with this proposal or any other document submitted during delivery of product, invoicing, acknowledgement letters, emails, faxes, routing communications between the contracted parties, of subcontract employees, or third parties unless specifically acknowledged and agreed to in writing by DCBOH.

44. PERFORMANCE. The responsibility for compliance with this solicitation and the subsequent contract shall be with the submitting Offeror. Awarded Offerors are expected to provide prompt service that is due under this contract including warranties. Past performance of the Offeror may be a factor in awarding future contracts.

Any problems or discrepancies that are not covered by the above requirements should be directed to the DCBOH Office of Purchasing for a determination or clarification prior to any action taken on said problem or discrepancy. If the Offeror fails to make such request, no excuse will thereafter be entertained for failure to carry out the work in a satisfactory manner. All bidders shall provide detailed explanations of any variances or exceptions the Offeror has with any requirement or terms specified in this RFP and thoroughly explains any alternate service offered. DCBOH is not responsible for any costs incurred by the vendor for the preparation or distribution of this bid. Respondents or other authorized representatives are expected to fully inform themselves as to all conditions, requirements, and specifications before submitting offers. Failure to do so will be at the Offeror’s own risk.

Proprietary information if any, submitted to DCBOH in response to this bid should be identified as such. Any information identified as proprietary will be handled in accordance with the provisions of the Georgia Open Records Public Information Act as it applies to such information.

45. DCBOH LICENSING PROGRAM: The DCBOH logo cannot be used without the expressed, written permission of the DCBOH

46. INCREASES. If deemed appropriate by the DCBOH, extension period percentages of increase shall be negotiated with the contractor. If a mutual agreement cannot be reached, the DCBOH reserves the right to rebid.

47. ADDITIONAL SERVICES. The DCBOH reserves the right to request the contractor to provide additional services not outlined herein. In the event this occurs, compensation will be negotiated at that time.

48. COST. Unless otherwise specified herein, the contractor shall be responsible for furnishing all material, labor, facilities, equipment, and supplies necessary to perform the services required herein.

49. INDEPENDENT CONTRACTOR. The contractor represents itself to be an independent contractor offering such services to the general public and shall not represent itself or its employees to be employed by the DCBOH. The sole relationship between the DCBOH and the contractor is as established by this contract. The contractor acknowledges responsibility for filing all returns and paying all taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, etc., associated with the performance of the contractual requirements herein, and agrees to indemnify, save, and hold the DCBOH, its officers, agents, and employees, harmless from and against, any and all losses, costs, attorney fees, and damage of any kind related to such matters. Upon request, the contractor will provide to the DCBOH evidence of compliance with these requirements.

50. SUBCONTRACTORS. The contractor shall not subcontract work hereunder without the prior written consent of the DeKalb County Board of Health (DCBOH). Any contractor subcontracting work without the prior written consent of the DCBOH shall be null and void. If contractor proposes to subcontract any of the work hereunder, it shall submit to the DCBOH the name of each proposed Subcontractor, with the proposed scope of work which its proposed Subcontractor is to undertake. Alternatively, the

Contractor shall provide a statement that there are no subcontractors for the work proposed hereunder.

51. COMMUNICATION ON PROJECTS. The contractor shall fully coordinate its activities in the performance of the contract with those of the DCBOH. As the work of the contractor progresses, advice and information on matters covered by the contract shall be made available by the contractor to the DCBOH throughout the contract period.

52. OWNERSHIP OF MATERIALS. The contractor shall agree and understand that all reports and material developed or acquired by the contractor as a direct requirement specified in the contract shall become the property of the DCBOH. No reports or material prepared, as required by the contract, shall be released to the public without the prior written consent of the DCBOH.

53. INDEMNIFICATION. The contractor shall understand and agree that DCBOH cannot save and hold harmless and/or indemnify the contractor or employees against any liability incurred or arising as a result of any activity of the contractor or any activity of the contractor's employees related to the contractor's performance under the contract. Therefore, the contractor must acquire and maintain adequate liability insurance in the form(s) and amount(s) sufficient to protect DCBOH, its agencies, its employees, its clients, and the general public against any such loss, damage and/or expense related to his/her performance under the contract. The insurance shall include an endorsement that adds the DCBOH as an additional insured. The contractor shall not be responsible for any injury or damage occurring as a result of any negligent act or omission committed by the DCBOH, including its Board and employees.

54. CONFIDENTIAL INFORMATION. Inasmuch as under the contract the contractor may acquire confidential information, the contractor agrees to use such information only for the sole benefit of

Solicitation Name: External Evaluator the DCBOH and to keep confidential such information, as well as all information developed in the conduct of the work contracted for including information disclosed by the DCBOH to contractor or any other person engaged in the contracted work. The contractor further agrees that all data, technical information, and reports developed by contractor or any person engaged in the contracted work are the property of the DCBOH and shall not be disclosed to others at any time or used for any other purpose other than for the sole benefit of the DCBOH, and that upon termination of the contract, or at any other time the DCBOH requests, the contractor or any other person involved in the contracted work will transmit to the DCBOH any written, printed, or other materials embodying such confidential information, including all copies and excerpts thereof, given to, prepared by or for the contractor, or any other person involved in the contracted work. It is further understood and agreed that this obligation to keep such information confidential shall continue at all times beyond the completion of the contracted work. W-2 tax information would be the most sensitive file the DCBOH would send to the contractor (once annually).

The contractor shall agree and understand that all exhibits, materials, digital files, artwork, design features and concepts developed as a result of the contract shall become the property of the DCBOH, with all rights and interests for present and future publication, display, sale, copyright, or other use as deemed appropriate by the DCBOH.

55. COMPLY WITH APPLICABLE LAW. The contractor must comply with all existing or future applicable laws, including but not limited to, those pertaining to soy-based ink and recycled paper.

56. NO EXCLUSIVE ARRANGEMENT. The contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the DCBOH may secure identical and/or similar services from other sources at any time in conjunction with or in replacement of the contractor's service.

57. VIOLATIONS. If the contractor is found to be in violation of this requirement or the applicable state, federal and local laws and regulations, and if the DCBOH has reasonable cause to believe that the contractor has knowingly employed individuals who are not eligible to work in the United States, the

DCBOH shall have the right to cancel the contract Immediately without penalty or recourse and suspend or debar the contractor from doing business with the DCBOH. The DCBOH may also withhold up to twenty-five percent of the total amount due to the contractor.

58. AUDIT. The contractor shall agree to fully cooperate with any audit or investigation from federal, state or local law enforcement agencies.

59. CONTRACT MODIFICATIONS: With the exception of specifically designated persons in the Office of

Purchasing selected for this purpose by the DCBOH, employees of the DCBOH are not authorized to modify, interpret or clarify such terms, conditions or specifications, and proposers should not rely on the presentments of employees or agents other than those with express authority to make such presentments.

Solicitation Name: External Evaluator

61. SUSPENSION

The Board reserves the right to suspend the contract in whole or in part under this provision, if it appears to the Board, in its sole discretion, that the Contractor is failing to comply with any one or more of the following: (1) the quality of service; (2) the specified completion schedule of Contractor's duties required under this contract; (3) the documentation requirements for proof of reimbursable expenses prior to payment thereof; or (4) the programmatic performance or service deliverables set forth herein. The Board will send written notice to the Contractor, as notification of the Board's action under this Article, specifying the nature of the non-compliance and the actions necessary to correct the non-compliance.