Beaufort County

Purchasing Department

Request for Proposals (RFP): to Provide Yard Waste Recycling Services for Beaufort
County

ISSUED DATE: 		March 23, 2018	

RFP DUE DATE/TIME:	April 26, 2018

RFP NUMBER:		042618

Requests for information regarding this RFP solicitation should be directed to the Purchas- ing Department by calling 843-255-2350 or by email at  dthomas@bcgov.net

PROPOSAL NOTICE NO.	042618
OPENING DATE AND TIME:   April 26, 2018, 3:00 pm
PROPOSAL TITLE:	Yard Waste Recycling Services for Beaufort County Solid Waste

You are invited to submit proposals in accordance with the requirements of this solicitation which are contained herein.

A Non-Mandatory pre-proposal conference will be held at the Beaufort County Purchasing Department,
106 Industrial Village Rd. Bldg. 2 Beaufort, SC 29901-1228 on April 5, 2018 at 3 p.m. All offerors are encouraged to attend.

In order for your proposal to be considered, it must be submitted to the Purchasing Office not later than the date and time as listed above, at which time respondents to this request will be recorded in the pres- ence of one or more witnesses. Proposals received by the Purchasing Office after the time specified will be returned to the offeror unopened.  Due to the possibility of negotiation with all offerors, the identity of any offeror or the contents of any proposal shall not be public information until after the contract award is made; therefore, the public is not invited to the proposal opening.

The proposals must be signed by an official authorized to bind the Offeror, and it shall contain a state- ment to the effect that the proposal is firm for a period of at least 90 days from the closing date for sub- mission of proposals. Proposals must be submitted in a sealed opaque envelope/container showing the above proposal number, opening date, and title.

All submittals (see Part VII, Submission Requirements) received in response to this Request for Pro- posal will be rated by County Selection Committee, based upon the Evaluation Criteria as listed in Part IV. If the best offeror is clearly identified from the point summary, there will not be a need for oral presen- tations. If not, then an oral presentation from a minimum of the top two rated firms shall be required.

This solicitation does not commit Beaufort County to award a contract, to pay any costs incurred in the preparation of a proposal, or to procure or contract for the articles of goods or services. The County re- serves the right to accept or reject any or all proposals received as a result of this request, to negotiate with all qualified offerors, or to cancel in part or in its entirety this proposal, if it is in the best interests of the County to do so.
BEAUFORT COUNTY

“Original Signed”

Dave Thomas, CPPO
Purchasing Director
843-255-2350

Table of Contents

Page Number(s)

Section I.	Preface	4

Section II.	Intent and Scope of Work	5

Section III.	Conditions Specific to this RFP/Contract	6-9

Section IV.	Calendar of Events	9

Section V.	General Terms and Conditions	9-13

Section VI.	Proposal Submission Instructions	13-16

Section VII.  Submission Requirements	16-17

Exhibit A.	Offer Form	18

Exhibit B.	Price Proposal and Certification	19-21

Exhibit C.	County Council of Beaufort, County SC
Title VI Statement to Contractors and Subcontractors	22

Exhibit D.	Map of Solid Waste Districts	23

Exhibit E.	Pricing Sheet	24

Attachments:	Evaluation Form							25	
							
SECTION I 	PREFACE

1.	Proposals will be considered as specified herein or attached hereto under the terms and conditions of this proposal. 
2.	Proposals must be made in the official name of the firm or individual under which business is conducted (showing official business address) and must be signed in ink by a person duly authorized to legally bind the person, partnership, company, or corporation submitting the proposal.  
3.	Offerors are to include all applicable requested information and are encouraged to include any additional information they wish to be considered; such as:
-	A narrative which clearly defines the scope of services to be rendered by the Solid Waste Contractor team,
-	
4.	One electronically submitted (1) clearly identified original sent through the vendor registry system are required.
5.	Request for Proposals will be received by the Beaufort County Purchasing Department until 3:00 p.m. on the closing date shown.
In order to do business with the Beaufort County, vendors must register with Purchasing through our Vendor Registration system, powered by Vendor Registry. The County may reject any quotes, bids, proposals and qualifications submitted by businesses that are not registered. Registering also allows businesses to identify the type of goods and services they provide so that they may receive email notifications regarding relevant solicitations out for bid.
To register with the County go to www.bcgov.net and go to the Purchasing Department’s page and click on Vendor Registration.  Once registered you may submit your proposal through the solicitation section in Vendor Registry.
 IMPORTANT 
ELECTRONIC SUBMITTAL REQUIREMENTS
Response submittals for this Request for Proposal will ONLY be received electronically and must be submitted ONLINE prior to the date and time listed on page 1 of this RFP document. 
All responses must adhere to the following guidelines:  
-	Suppliers are encouraged to submit responses as soon as possible. Responses are received into a ‘lockbox’ folder and cannot be opened prior to the due date and time. The time and date of receipt as recorded by the server will serve as the official time of receipt. The County is not responsible for late submissions, regardless of the reason;
-	All requested information and forms MUST be uploaded as one file if possible. Each submission must be inclusive of all forms. If necessary to have more than one upload, pricing and signed acknowledgements, etc. are to be in the first upload. If you have a problem with your upload, you may contact Vendor Registry at 844-802-9202 or cservice@vendorregistry.com. 

6.	Prohibition of Gratuities:  It shall be unethical for any person to offer, or give, or agree to give any County employee or former County employee, or for any County employee or former County employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore.
7.	Questions
E-mail any questions you have, at least ten (10) calendar days prior to proposal closing date to:
E-Mail Dave Thomas at dthomas@bcgov.net
Answers to questions received that would change and/or clarify this solicitation will be provided in writing to all firms that have received the original Request for Proposal.
SECTION II   INTENT AND SCOPE OF WORK

1.	INTENT
Beaufort County is required by the South Carolina Solid Waste Policy and Management Act of 1991 to plan for the disposal of solid waste generated within Beaufort County.  Solid Waste includes Municipal Solid Waste (MSW), bulky items, construction and demolition (C&D) debris, yard waste and a number of items that are banned from disposal at MSW landfills also designated as Subtitle D Landfill or Class II Landfill.

The County is divided into nine solid waste districts and operates twelve (12) Convenience Centers throughout the County for the collection of solid waste. Some municipalities within Beaufort County, however, have their own contracts to collect residential solid waste.

The waste that is received at the County’s Convenience Centers is from residential sector. Waste is placed in compactors with receivers or open top roll-off containers by residents, and the waste is hauled from the convenience centers by a contractor, currently Republic Waste Services Inc., to the various landfills or facilities for disposal or recycling.

Presently, the City of Beaufort, Town of Bluffton and Town of Port Royal have contract ser- vices to provide their residents with curbside solid waste collection.  The City of Beaufort and Town of Port Royal also include curbside collection of yard waste. The Town of Hilton Head uses an open system for residential curbside collection of MSW and participation is voluntary.  Beaufort County provides for the collection of residential solid waste in unincorporated areas of the County at the eleven (11) County owned and operated manned convenience center sites and one (1) unmanned site located on Daufuskie Island. In addition, residents with large quantities of C&D debris and/or yard waste are allowed to take their material directly to the landfill or Convenience Center. Collection services for disposal and recycling of these materials IS NOT part of this Request for Proposal.

The estimated quantity of yard waste received in Fiscal Year 2017 was: 

Yard Waste - 9,015 tons (4,337 tons were ground for recycling)

The County makes no guarantees or representations that the current estimated annual tonnages will continue in the future.

2.        SCOPE OF SERVICES

The successful proposer(s) shall be solely responsible for the recycling of Class 1 waste: 
•	yard waste transported from the Beaufort County Convenience Centers,
•	residential yard waste collected curbside inside unincorporated areas of the County
•	residential yard waste collected within the municipalities in the County,
•	waste from residents with large quantities of yard waste delivered directly to the recycling facility for disposal/ processing.

Recycling of yard waste in a designated facility with the disposal of any residual non-recyclable material in a designated and permitted landfill is required.  Beaufort County strongly desires to recycle the maximum amount of the material collected versus land filling.  

NOTE:  Proposers must be aware that yard waste collected at County Convenience Centers occasionally may contain small amounts of MSW. The Contractor will be expected to screen / separate any MSW and dispose of same at no additional cost to the County. The County will make every effort to limit such occurrences.  Any incidents which are considered to be excessive, the Contractor shall immediately notify the Beaufort County Solid Waste Coordinator, or assigned representative, and a resolution will be agreed upon by both parties. Additionally, proposers should be also aware that yard waste is collected at curbside by some of the municipalities in plastic bags for disposal.  Those streams will be directed for Class II landfill disposal instead of recycling.

The Contractor must make every effort to ensure only residential waste is handled and that waste generated by commercial entities is excluded.

SECTION III CONDITIONS SPECIFIC TO THIS RFP/CONTRACT

1.        CONTRACT PERIOD
Beaufort County will sign a Contract with the successful proposer(s) for a period of one (1) year, with an additional option of four (4) one-year renewal periods to be exercised by the County upon 180 days advance notice to the Contractor.

2.        PRICES
The prices quoted shall be firm for the contract period listed above, and are subject to acceptance at any time within 60 days after the proposal due date. Any significant changes to the scope of services requested by the County may require price adjustments negotiated to the mutual agreement of both parties.

3. EXPERIENCE 
	At a minimum, each proposal must include the following information:
1.	A description of services to be provided which demonstrates an under- standing of	the Scope of Services necessary.  This description should include the equipment requirements necessary to provide the services proposed.

2.	Demonstration that the proposer has the necessary qualifications, license, permits and experience to recycle and/or dispose solid waste in the
State of South Carolina.

3.	A list of disposal services provided by the Proposer in the State of South
Carolina. The list should include the following information:

a)	Name and location of customers served with permission to contact. b)	 Name, location, types of materials accepted, remaining life, and site specifications of the designated and permitted Landfill to be
used by the Proposer.
c)	List of references and a statement of permission to contact references.

4.	DISPOSAL OF SOLID WASTE
4.1	The successful proposer(s) shall be solely responsible for the processing/recycling of residential yard waste, as outlined in the Scope of Services above.

4.2	The proposer shall prepare the proposal based on a permitted Class II Landfill site to be determined and identified by the proposer or the proper recycling facility which provides for the proper disposal of any residual waste from the recycling process.  The disposal/recycling fee MUST be included on the proposal forms as a separate item.

4.3	Maintenance of the recycling site infrastructure, examples being the condition of the working-face and landfill/recycling facility access roads, shall not impede the off-loading of solid waste.

4.4	The Class II Landfill identified by the proposer shall comply with all federal, state and local laws, ordinances and regulations, including the rules, regulations and guidelines promulgated and adopted by the South Carolina Department of Health and Environmental Control, and General Specifications of this Request for Proposals in operating a Class II Landfill.

5.	DISPOSAL OPERATION
5.1	Hours of Operation – County Convenience sites operate from 7:30
a.m. to 7:00 p.m. six days a week (closed Wednesday). In view of these operating hours and the need to empty containers to keep the centers operating, the landfill/ facility must be accessible to the County’s contractor from 7:30 a.m. to 4:30 p.m. daily, including weekends (Saturday and Sunday).  Access to citizens may be from 8:00 a.m. to 5:00 p.m. during the week with weekend access by citizens optional.  Any time restrictions shall be affected only upon the mutual agreement of Beaufort County and Contractor.

5.2	Holidays - The Contractor shall specify holidays to be observed
subject to Beaufort County staff approval.

5.3       Office - The Contractor shall maintain an office or such other facilities through which it can be contacted.  It shall be equipped with sufficient toll-free access telephones and shall have a responsible person in charge from 8:00 a.m. to 5:00 p.m. on regular weekdays to
handle complaints as needed. Weekend and after hours contact information shall be provided to Beaufort County staff and kept up-to-date.

6.	UNIT PRICES QUOTED
Prices quoted for recycling processing shall be per ton.  Prices quoted shall remain fixed for the Contract period or any renewal option.  All additional fees shall be included in the unit price quoted.

7.	INVOICING
The Contractor shall invoice the County for each of the nine Solid Waste Districts, monthly, by each category of waste for services performed at rates specified herein.  More frequent billing must be agreed to by the Contractor and the County.  Each load that is delivered to the Contractor’s facility must be validated by a date and time or manual load ticket using tare weight calculation on certified scales.  The County will consider alternatives to a certified scale. Invoices shall include the referenced load ticket information and a copy shall be provided to Beaufort County along with hard copies of the invoices. Invoices shall also be submitted electronically via email to specified personnel by the 5th of each month. These invoices should be submitted in both PDF and Excel Formats. District invoices should classify by waste stream noting source or hauler.  It is also requested that container type be reference such as compactor receiver, open top roll-off, etc. Each waste stream should be totaled. In the event that additional charges are included due to special circumstances, invoicing must follow the prescribed format as other waste streams (separated and totaled). The invoice format and substantiating vouchers shall be as prescribed by the County Solid Waste Coordinator.

8.	LIQUIDATED DAMAGES
Work shall be completed in a professional manner in accordance with the terms of the Contract.  For the purposes of computing liquidated damages under the provisions of a Contract, it is understood that the County may deduct from payments due or to become due to the Contractor amounts as liquidated damages upon proof of damages by the County. Failure of the Contractor to fulfill certain aspects of the Contract shall carry mone- tary penalties as payments due to Beaufort County as follows:
a)	Failure to deliver invoices by 5th of the month- $100/day;
b)	Failure to provide efficient operations such that the off-loading of solid waste is impeded at the processing/recycling site due to poor site maintenance –
$200/incident.
c)	Negligence resulting in failure to exclude commercial waste - $1000/incident;

9.	PAYMENT
The successful Proposer shall negotiate acceptable payment terms with Beaufort County according to the option or options awarded under this Proposal.

10.	SALE OF RECYCLABLE MATERIAL
Beaufort County recognizes that Proposers recycling material may generate revenue from the sale of the material recycled.  Proposers should acknowledge this potential revenue source and include any proposed revenue sharing with Beaufort County in their proposal.	

11.	RIGHT OF INSPECTION
Beaufort County reserves the right to inspect the Contractor’s facility and record keeping at any time.

12.	TERMINATION OF CONTRACT
This contract may be terminated by the County,’ ‘for convenience’ ‘for cause,’ or by ‘by mu- tual consent’ as described in Part V GENERAL TERMS AND CONDITIONS Section

13.	INSURANCE AND HOLD HARMLESS AGREEMENT
Contractor shall conform to the following insurance requirements and a certificate must be provided prior to beginning work under this contract:
Comprehensive General Liability in the amount of $1,000,000 and Workers Compensation in accordance with South Carolina State statutes.

The Contractor additionally agrees to defend, indemnify and hold harmless the County, its officers, employees, agents and servants for any and all liability caused by negligence or wrongful act of the Contractor arising out of the performance of this Agreement.

The winning proposer will be required to obtain an appropriate business license from the
City of Beaufort.  A contact number for the Business License department is (843) 255-
2270.

14.	SAMPLE CONTRACT
Each bidder shall submit a sample contract as part of the proposal as “EXHIBIT E.”

SECTION IV    CALENDAR OF EVENTS REGARDING PROPOSAL
Issue Request for Proposal Pre-Proposal Conference March 16, 2108
Deadline for Questions	   April 17, 2018
Closing Date	   April 26, 2018, 3:00 pm
Presentation(s)/Negotiations	   TBD
Recommendation of Award to County Council	   TBD

SECTION V    GENERAL TERMS AND CONDITIONS

1.0	EXCUSABLE DELAY
The Contractor shall not be liable for any excess costs, if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Contrac-
tor.   Such causes may include, but are not restricted to, acts of God or of the public ene- my, acts of the Government in either its sovereign or contractual capacity, fires, floods, epi- demics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor.  If the failure to perform is caused by the default of a subcon-
tractor, and if such default arises out of causes beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or ser- vices to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule.2.0	S.C. LAW CLAUSE
Upon award of a contract under this proposal, the person, partnership, association, or corporation to whom the award is made must comply with local and State laws which re-
quire such person or entity to be authorized and/or licensed to do business in Beaufort
County. Notwithstanding the fact that applicable statutes may exempt or exclude the suc- cessful offeror from requirements that it be authorized and/or licensed to do business in Beaufort County, by submission of this signed proposal the offeror agrees to subject itself
to the jurisdiction and process of the Fourteenth Judicial Circuit Court of Beaufort County, as to all matters and disputes arising or to arise under the contract and the performance thereof including any questions as to the liability for taxes, licenses, or fees levied by State or local government.

3.0	OFFEROR'S QUALIFICATIONS
Offeror must, upon request of the County, furnish satisfactory evidence of their ability to furnish products or services in accordance with the terms and conditions of this proposal. The Purchasing Department reserves the right to make the final determination as to the of- feror's ability to provide the services requested herein, before entering into any contract.

4.0	OFFEROR   RESPONSIBILITY
Each offeror shall fully acquaint himself with conditions relating to the scope and re- strictions attending the execution of the work under the conditions of this proposal.  It is expected that this will sometimes require on-site observation. The failure or omission of an
offeror to acquaint himself with existing conditions shall in no way relieve him of any obliga- tion with respect to this proposal or to the contract.

5.0	AFFIRMATIVE ACTION
The Contractor will take affirmative action in complying with   all   Federal   and   State requirements   concerning fair employment and employment of the handicapped and
concerning the treatment of all employees, without regard or discrimination by reason of
race, religion, sex, national origin, or physical handicap.

6.0	PRIME CONTRACTOR RESPONSIBILITIES
The Contractor will be required to assume sole responsibility for the complete effort, as re- quired by this RFP. The County will consider the Contractor to be the sole point of contact with regard to contractual matters.

7.0	SUBCONTRACTING
If any part of the work covered by this RFP is to be subcontracted, the Contractor shall identify the subcontracting organization and the contractual arrangements made with
same. All subcontractors must be approved, in writing by the County, or when applicable a political subdivision within the County with the County's concurrence.  The successful offe- ror will also furnish the corporate or company name and the names of the officers of any subcontractors engaged by the vendor. The County reserves the right to reject any or all subcontractors and require substitution of a firm qualified to participate in the work as spec-
ified herein.

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

9.0     NONRESIDENT TAXPAYERS
If the offeror is a South Carolina nonresident taxpayer and the contract amount is
$10,000.00 or more, the offeror acknowledges and understands that in the event he is awarded a contract offeror shall submit a Nonresident Taxpayer Registration Affidavit (State form #1-312-6/94), before a contract can be signed. Affidavit must certify that the nonresi- dent taxpayer is registered with the S.C. Department of Revenue or the S.C. Secretary of State's Office, in accordance with Section 12-9-310(A)(2) (3) of S.C. Code of Laws (1976)
as amended.

10.0	BUSINESS LICENSE
In accordance with the Beaufort County Business License Ordinance, 99-36, Article Ill, as
enacted November 22, 1999, any business or individual generating income in the unincor- porated area of Beaufort County is required to pay an annual license fee and obtain a business license. The ordinance referenced is available on the Beaufort County website at www.bcgov.net or by calling the Business License Administrator at (843) 255-2270/FAX (843) 255-9411 for a list of schedules.

11.0	ADDITIONAL ELIGIBILITY
Other Beaufort County Public Procurement units shall, at their option, be eligible for use of any contracts awarded pursuant to this Invitation.

12.0	INSURANCE REQUIREMENTS
Prior to commencing work hereunder, Contractor, at his expense, shall furnish insurance certificate showing the certificate holder as Beaufort County, P.O. Drawer 1228, Beaufort, SC 29901-1228, Attention: Purchasing Director and with a special notation naming Beau- fort County as an additional insured on the liability coverage. If not otherwise speci- fied, the minimum coverage shall be as follows:

12.1  Worker's Compensation Insurance - Contractor shall have and maintain, during the life of this contract, Worker's Compensation Insurance for his employees connected to the work/delivery, in accordance with the Statutes of the State of South Carolina and any applicable laws.

12.2  Commercial General Liability Insurance- Contractor shall have and maintain, during the life of this contract, Commercial General Liability Insurance. Said Commercial General Liability Policy shall contain Contractual Liability and Products/Completed Operations Liability subject to the following minimum limits: BODILY INJURY of at least $1,000,000 PER PERSON, $1,000,000
PER OCCURRENCE; PROPERTY DAMAGE of at least $1,000,000 PER OCCURRENCE; or BODILY INJURY/PROPERTY DAMAGE of at least
$2,000,000 COMBINED SINGLE LIMIT.

12.3  Comprehensive Automobile Liability Insurance- The Contractor shall have and maintain, during the life of this contract, Comprehensive Automobile Liability, including non-owned and hired vehicle, of at least $1,000,000 PER PERSON, $1,000,000 PER OCCURRENCE; PROPERTY DAMAGE of at least $1,000,000 PER OCCURRENCE, or BODILY INJURY/PROPERTY DAMAGE of at least $2,000,000 COMBINED SINGLE LIMIT.

12.4  Umbrella Liability Insurance- Required at $3,000,000 limit per occurrence.

 	12.5   The required insurance policy at the time of issue must be written by a 	company licensed to do business in the State of South Carolina and be acceptable to 	the County.

12.6  The Contractor/vendor shall not cause any insurance to be canceled or permit any insurance to lapse. All insurance policies shall contain a clause to the effect that the policy shall not be canceled or reduced, restricted or
limited until fifteen (15) days after the County has received written notice, as evidenced by return receipt of registered or certified letter.  Certificates of
Insurance shall contain transcript from the proper office of the insurer, the location, and the operations to which the insurance applies, the expiration date, and the above-mentioned notice of cancellation clause.

12.7  The information described above sets forth minimum amounts
and coverages and is not to be construed in any way as a limitation on the
	Contractor's liability.

13.0	INDEMNITY
The Contractor hereby agrees to indemnify and save harmless the County, its officers, agents, and employees from and against any and all liability, claims, demands, damages,
fines, fees, expenses, penalties, suits, proceedings, actions and cost of actions, including
attorney's fees for trial and on appeal of any kind and nature arising or growing out of or in any way connected with the performance of the Agreement, whether by act of omissions of the Contractor, its agents, servants, employees or others, or because of or due to the mere
existence of the Agreement between the parties.

14.0	TERMINATION
14.1 FOR DEFAULT
The performance of Work under the Agreement may be terminated by the Purchas- ing Director, in accordance with this clause, in whole or in part, in writing, whenever
the Director of Purchasing shall determine that the Contractor has failed to meet the
performance requirements of this Agreement. In addition, the Purchasing Director has the right to terminate for default, if the Contractor fails to make delivery of the supplies or perform the Work, or if the Contractor fails to perform the Work with-
in the time specified in the Agreement, or if the Contractor fails to perform any other provisions of the Agreement.

14.2 FOR CONVENIENCE
The County may, without cause, terminate this contract in whole or in part at any time for its convenience.  In such instance, an adjustment shall be made to the Con-
tractor, for the reasonable costs of the work performed through the date of termina-
tion. Termination costs do not include lost profits, consequential damages, delay damages, unabsorbed or under absorbed overhead of the Contractor or its subcon- tractors, and/or failure of Contractor to include termination for convenience clause
into its subcontracts and material purchase orders shall not expose the County to li- ability for lost profits in conjunction with a termination for convenience settlement or equitable adjustment. Contractor expressly waives any damages, delay damages, or indirect costs which may arise from County’s election to terminate this contract in whole or in part for its convenience.

14.3 FOR CAUSE
Termination by the County for cause, default, or negligence on the part of the Con- tractor shall be excluded from the foregoing provisions. Termination costs, if any,
 	shall not apply.  The ten (10) days advance notice requirement is waived, and the 	

tractor is terminated under this clause, Contractor will forfeit their performance bond. Reasons for Termination for Cause shall include but not limited to:
•	Default as defined above,
•	Failing to make satisfactory progress in the prosecution of the contract
•	Endangering the performance of this contract
•	Criminal activity or misconduct,
•	Work that is deemed sub-standard by the County Representative.

14.4 BY MUTUAL CONSENT
Either party may terminate this Contract by mutual consent with written notice at- testing and agreeing to a termination by mutual consent by either party.   Upon such
termination, the County shall pay the Contractor for all services performed hereun- der up through the date of such termination. Termination by mutual consent may en- title the Contractor to reasonable costs allocable to the contract for work or costs in- curred by the Contractor up to the date of termination. The Contractor must not be paid compensation as a result of a termination by mutual consent that exceeds the
amount encumbered to pay for work to be performed under the contract.

SECTION VI    PROPOSAL SUBMISSION INSTRUCTIONS

1.0	INTENT TO PERFORM
It is the intent and purpose of Beaufort County that this request permits competition.  It shall be the offeror's responsibility to advise the Purchasing Department if any language, requirements, etc., or any combinations thereof inadvertently restricts or limits the require-
ments stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Purchasing Department not later than ten (10) days prior to the proposal opening date. A review of such notifications will be made.

2.0	RECEIPT OF PROPOSAL
Proposals, amendments thereto, or withdrawal requests received after the time advertised for proposal opening will be void, regardless of when they were mailed.

3.0	PREPARATION OF PROPOSAL
3.1	All proposals should be complete and carefully worded and must convey all of the information requested by the County. If significant errors are found in
the offeror's proposal, or if the proposal fails to conform to the essential re
requirements of the RFP, the County and the County alone will be the
judge as to whether that variance is significant enough to reject the proposal.

3.2	Proposals should be prepared simply, and succinctly, providing a straightforward, concise description of offeror's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content.

3.3	Each copy of the proposal should be bound in a single volume where practical. All documentation submitted with the proposal should be bound in that single volume.

3.4	If your proposal includes any comment over and above the specific

this information as a separate appendix to your proposal.

4.0	AMENDMENTS
If it becomes necessary to revise any part of the RFP, an amendment will be provided to all offerors who received the original Request for Proposal. The County shall not be legally bound by an amendment or interpretation that is not in writing.

5.0	ADDITIONAL INFORMATION
Offerors requiring additional information may submit their questions, in writing to the Pur- chasing Department.  Answers to questions received that should change and/or clarify this solicitation will be provided in writing to all offerors via an amendment.

6.0	ORAL PRESENTATION/DISCUSSIONS
Any offeror or all offerors may be requested to make an oral presentation of their proposal to the County, after the proposal opening.  Discussions may be conducted with responsible offerors, who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of and responsive-
ness to the solicitation requirement.

Offerors shall be accorded fair and equal treatment with respect to any opportunity for dis- cussions and revision of proposals, and such revisions may be permitted after submissions and prior to award, for the purpose of obtaining best and final offers. The purpose of these presentations/discussions will be to:

6.1	Determine in greater detail such offeror's qualifications.

6.2	Explore with the offeror the scope and nature of the project, the offeror's proposed method of performance, and the relative utility of alternative methods of approach.

6.3	Determine that the offeror will make available the necessary personnel and facilities to perform within the required time.

6.4	Agree upon fair and reasonable compensation, taking into account the estimated value of the required services/equipment, the scope and complexity of proposed project, and nature of such services/equipment.

7.0	FUNDING
The offeror shall agree that funds expended for the purposes of the contact must be ap- propriated by the County Council for each fiscal year included within the contract period. Therefore, the contract shall automatically terminate without penalty or termination costs if such funds are not appropriated. In the event that funds are not appropriated for the con-
tract, the offeror shall not prohibit or otherwise limit the County's right to pursue and con- tract for alternate solutions and remedies, as deemed necessary by the County for the conduct of its affairs. The requirements stated in this paragraph shall apply to any amend- ment or the execution of any option to extend the contract.

8.0	AWARD
An award resulting from this request shall be awarded to the responsive and responsible offeror whose proposal is determined to be most advantageous to the County, taking into consideration price and the evaluation factors set forth herein; however, the right is re- served to reject any and all proposals received, and in all cases the County will be the sole 	

judge as to whether an offeror's proposal has or has not satisfactorily met the requirements of this RFP.

9.0	PUBLIC ACCESS TO PROCUREMENT INFORMATION
No such documents or other documents relating to this procurement will be presented or made otherwise available to any other person, agency, or organization until after award. Commercial or financial information obtained in response to this RFP, which is privileged and confidential, will not be disclosed. Such privileged and confidential information in-
cludes information which, if disclosed, might cause harm to the competitive position of the offeror supplying the information. All offerors, therefore, must visibly mark as "Confidential" each part of their proposal, which they consider to contain proprietary information.

10.0	DEVIATIONS
Any deviations from the requirements of this RFP must be listed separately and identified as such in the table of contents.

11.0	ALTERNATES
Innovative alternative proposals are encouraged, provided however, that they are clearly identified as such and all deviations from the primary proposal are listed.

12.0   GRATUITIES
It shall be unethical for any person to offer, or give, or agree to give any County employee or former County employee; or for any County employee or former County employee to so-
licit, demand, accept, or agree to accept from another person a gratuity or an offer of em- ployment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for rul-
ing, determination, claim or controversy, or other particular matter pertaining to any pro- gram requirement, or a contract or subcontract, or to any solicitation or proposal therefore.

13.0	KICKBACKS
It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontrac-
tor, or any person associated therewith, as an inducement for the award of a subcontractor
order.

14.0	PROTEST PROCEDURES

14.1  Right to Protest: Any actual or prospective bidder, offeror, or contractor, who is ag grieved, in connection with the solicitation or award of a contract, may protest to the Purchasing Director. The protest shall be submitted in writing fourteen (14) days after such aggrieved person knows or should have known of the facts giving rise	there to. The protest must be accompanied by a detailed statement, indicating the reasons for such protest.

14.2	Authority to Resolve Protest: The Purchasing Director shall have authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve a protest of an aggrieved bidder, offeror, or contractor; actual or prospec- tive, concerning the solicitation or award of a contract.

14.3	Decision: If the protest is not resolved by mutual agreement, the Purchasing Direc-
 	tor shall issue a decision, in writing within ten (10) days. The decision shall, 	

14.3.1	State the reasons for the action taken; and

14.3.2	Inform the protestant of its right to administrative review as provided in this Section.

14.4	Notice of Decision: A decision under Subsection (3) of this Section shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.

14.5	Finality of Decision: A decision under Subsection (3) of this Section shall be final and conclusive, unless fraudulent, or

14.5.1	Any person adversely affected by the decision appeals administratively, within ten (10) days after receipt of decision under Subsection   (3) to the County Council in accordance with this Section.

14.5.2 Any protest taken to the County Council or court shall be subject to the protestant  paying all administrative  costs, attorney fees, and court  costs when  it  is  determined   that  the protest  is without standing.

SECTION VII   SUBMISSION REQUIREMENTS

To achieve a uniform review process and allow for adequate comparability, the proposals must be organized in the manner specified below:

1.0	Letter of Transmittal - limit to four printed pages.

1.1	Briefly state your firm's understanding of the work to be done, and make positive commitment to perform the work.

1.2	Identify your proposal's principal strengths.

1.3	Give   the   names   of the   persons   who   will   be   authorized   to make representations for your firm, their titles, addresses, and telephone numbers.

1.4	State whether or not your firm has been involved in any litigation within the past five (5) years, arising out of your performance.  Explain fully if it has been involved in any litigation.

1.5	Indicate the number and dates of amendments that you have received.

2.0	Table of Contents- clearly identify the material, by section and page number.

3.0	Proposed operations plan, listing all aspects of running the business at the contrac- tor’s site.  Include all subcontractor relationships.

4.0	Proposed computer technology to be utilized during the contract.  Include sample reports.

5.0 	List several of Offeror's prior similar projects with name, address, and phone of a 	

contact with whom the County can discuss proposers past performance.

6.0	List any exceptions to this RFP.

7.0	Provide a list of subcontractors and state the years of experience your firm has with each subcontractor for this type of work.

8.0	Other information and materials which the proposer wishes to submit in support of his proposal, qualifications, etc.

9.0	Certification regarding Debarment, Suspension, Ineligibility, and Voluntary Exclu- sion: The contractor certifies, by submission of this document or acceptance of a contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State, Federal department, or agency. It further agrees by submitting this qualification statement that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/bid.

State whether or not your company has been involved in any litigation within the past five
(5) years, arising out of your performance by circling YES OR NO. If you circled “YES”, explain fully in a separate attachment.

OFFER FORM	EXHIBIT A

RFP NO.  	

PAGE  	of 	

PERSONNEL STAFFING

STAFF MEMBER 	BACKGROUND AND EXPERTISE OF PERSONNEL 

1.	 		 (Name)

(Title)

2.	 		 (Name)

(Title)

3.	 		 (Name)

(Title)

4.	 		 (Name)

(Title)

5.	 		 (Name)

(Title)

PRICE PROPOSAL AND CERTIFICATION 	EXHIBIT B (1 of 3)

RFP NO.  	

PAGE  	of 	

The undersigned  	, having carefully examined the in- formation
(Name of Offeror)
contained in the Beaufort County RFP Number #                              dated                       ,
2018, proposes to provide                             services to Beaufort County Government, as outlined in this proposal, at the prices specified below:

In compliance with the Request for Proposal #                              , and  subject to all conditions thereof, the undersigned agrees:

( a ) 	This proposal, as stated, is open for acceptance for a period of 90 calen- dar days from the date of opening; and

( b ) 	To furnish all services, materials, and equipment necessary and incidental to perform the subject audits.

CERTIFICATION

CONTRACTOR

HAS  A  FEDERAL  AGENCY  OR  A  FEDERALLY  CERTIFIED  STATE  OR  LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR ACCOUNTS OR RECORDS IN CONNECTION  WITH ANY GRANT OR CONTRACT  WITHIN ANY GRANT OR CON- TRACT WITHIN THE PAST TWELVE MONTHS?

YES 	NO 	(IF  “YES”   GIVE   NAME,   ADDRESS,   AND   TELE- PHONE NUMBER OF REVIEWING OFFICE.)

PAGE  	of 	

This proposal is submitted for use in connection with and in response to Beaufort County RFP #                             .  This is to certify, to the best of my knowledge and belief, that the cost  and  pricing  data  summarized  herein  are  complete,  current, and accurate as of
                         , 2018, and that a financial accounting capability exists to fully and accu- rately account for the financial transactions under this project.   If further certify that I un-
derstand that the sub-agreement  price may be subject to downward renegotiation  and/or recoupment  where the above cost and pricing data have been determined,  as a result of audit, not to have been complete, current, and accurate as of the date above.

This cost proposal is made without prior understanding, agreement, or connections with any corporation, firm, or person submitting a proposal for the same service and is in all respect fair and without collusion or fraud.   I agree to abide by all conditions of this pro- posal and certify that I am authorized to sign this proposal.

Signature of Offeror’s Representative   authorized to enter into contract with Beaufort
County Council:

FIRM NAME:                                                                                                                          

BY: 		DATE: 	 (Signature)

TYPE/PRINT: 			 (Name)	(Title)

ADDRESS: 		 (Street Address and/or P. O. Box Number)

(City) 	(State) 	(Zip Code)

PHONE: 	( 	) 		FAX: ( 	) 			  (Area Code) Phone Number 			(Area 	Code) 	Fax
Number

EMAIL:	 	

FEDERAL ID#: 		S.C. TAX #: 	

PAGE  	of 	

IS YOUR FIRM: 	1. 	SOLE PROPRIETORSHIP
2. 	PARTNERSHIP
3. 	CORPORATION

 	YES
 	YES
 	YES

 	NO
 	NO
 	NO

IF  COMPANY  IS  A  SOLE  PROPRIETORSHIP,  LIST  THE  OWNER’S  FULL  LEGAL NAME:

IF COMPANY IS A PARTNERSHIP, LIST THE PARTNERS’ FULL LEGAL NAMES:

IF COMPANY IS A CORPORATION, LIST THE FULL LEGAL NAME, AS LISTED ON THE CORPORATE CHARTER:

IS THIS FIRM A MINORITY, OR WOMAN-OWNED BUSINESS ENTERPRISE?

 	YES  	NO 	IF YES, SPECIFY:   	MBE 	 	WBE

HAS THIS FIRM BEEN CERTIFIED AS A MINORITY/WOMAN-OWNED BUSINESS EN- TERPRISE BY ANY GOVERNMENTAL AGENCY?   	YES 	 	NO

IF YES, SPECIFY GOVERNMENTAL AGENCY: 	

DATE OF CERTIFICATION: 	

EXHIBIT C

COUNTY COUNCIL OF BEAUFORT COUNTY
Title VI Statement to Contractors and Subcontractors

It is the policy of the County Council of Beaufort County, South Carolina, hereafter referred to as “Beaufort County” or “the County”, to comply with Title VI of the 1964 Civil Rights Act (Title VI) and its related statutes.  To this end, Beaufort County gives notice to all Prime Contractors, Subcontractors, Architects, Engineers, and Consultants that the County assures full compliance with Title VI and its related statues in all programs, activities, and contracts.  It is the policy of Beaufort County that no person shall be excluded from participation in, denied the benefit of, or sub- jected to discrimination under any of its programs, activities, or contracts on the basis of race, color, national origin, age, sex, disability, religion, or language regardless of whether those programs and activities are Federally funded or not.

Pursuant to Title VI requirements, any entity that enters into a contract with Beaufort County including, but not lim- ited to Prime Contractors, Subcontractors, Architects, Engineers, and Consultants, may not discriminate on the ba- sis of race, color, national origin, age, sex, disability, religion, or language in their selection and retention of first-tier subcontractors, and first-tier subcontractors  may not discriminate in their election and retention of second-tier sub- contractors, including those who supply materials and/or lease equipment.   Further, Contractors may not discrimi- nate in their employment practices in connection with highway construction projects or other projects assisted by the U.S. Department of Transportation (USDOT) and/or the Federal Highway Administration (FHWA).

In all solicitations either by competitive bidding or negotiation made by the Contractor for work to Beaufort County to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under the contract and the Title VI regulations relative to nondiscrimination on the basis of race, color, na- tional origin, age, sex, disability, religion, or language by providing such a statement in its bidding and contract documents.

Upon request, the Contractor shall provide all information and reports required by Title VI requirements issued pur- suant thereto, and shall permit access to its books, records, accounts and other sources of information, and its fa- cilities as may be determined by Beaufort County, USDOT, and/or FHWA to be pertinent to ascertain compliance with such regulations, orders, and instructions.   Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to USDOT or FHWA, as appropriate  and via Beaufort County, and shall set forth what efforts it has made to obtain the infor- mation.  In the event of the Contractor's non-compliance with nondiscrimination provisions of this contract, USDOT may impose such contract sanctions as it or FHWA may determine to be appropriate, including, but not limited to:

•	Withholding of payments to the Contractor under the contract until the Contractor complies, and/or
•	Cancellation, termination, or suspension of the contract, in whole or in part.

In the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of this direction to comply with Title VI, the Contractor may request USDOT to enter into such litigation to protect the interests of USDOT and FHWA.  Additionally, the Contractor may request the United States to enter in- to such litigation to protect the interests of the United States.

Any person or Subcontractor who believes that they have been subjected to an unlawful discriminatory practice under Title VI has a right to file a formal complaint within one hundred eighty (180) days following the alleged dis- criminatory action. Any such complaint must be filed in writing or in person:

Beaufort County Compliance Department
Post Office Drawer 1228 ž Beaufort, SC 29901-1228
843.255.2354 Telephone ž 843.255.9437 Facsimile
E-mail: compliance@bcgov.net

EXHIBIT D

.
*   land F lls
•  Citizen ConV>enience Centers
Ll.      UtHnanned Citizen Convenei nce Center
Soild Waste Districts
0 ICkyof   aufon
0 2 Town of Port  Royal
0 3Hilton Head Island
• 4 Town of Bluffton
0 5.SheklonTownship
•6Unincorpor3ted Port Royal sland
D 7 Unincorporated Lady's Island
•8 St Helena fsland &Islands East
Ill9Unincorporated Bluffton Town:shi:p

•

Beaufort County
Solid Waste Districts

...........

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e.  .iwtC . ""'
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PRICING SHEET 	EXHIBIT E

Price per ton for Disposal:

Yard Waste _ 	_ 	

Price per ton for Recycling

Yard Waste _ 	_ 	

EVALUATION FORM

DATE:  	

REVIEWER’S NAME/TITLE:   	

RFP No: 042618

No.	CRITERIA	POINTS POSSI- BLE	POINTS SCORED	
1	Pricing Structure of services and reasona- bleness of offeror’s proposed fees.	25		
2	Proposed Disposal/Recycle operations work plan developed to meet the scope of services.	25		
3	Capability to provide services and proposed
schedule.	25		
4	Qualifications and capacity of offeror, demonstrated through references and qualifications of key personnel with regard to recent and similar services.	25		
		TOTAL POINTS		

REVIEWERS COMMENTS:

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