REQUEST FOR PROPOSALS
CHARLES COUNTY, MARYLAND
ECONOMIC DEVELOPMENT WEBSITE REDESIGN
RFP NUMBER 14-40
March 19, 2014
Prepared For:
Charles County
Department of Economic Development
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Table of Contents
PART I - INSTRUCTIONS TO OFFERORS
1.0 PREPARATION OF PROPOSAL ............................................................................ I-1
2.0 CONTRACT INFORMATION ................................................................................. I-4
3.0 PROPOSAL CONTENT ............................................................................................ I-6
4.0 EVALUATION PROCESS CRITERIA ................................................................. I-14
5.0 SOCIO-ECONOMIC PROGRAMS ....................................................................... I-14
6.0 MISCELLANEOUS TERMS .................................................................................. I-16
7.0 FORMS ...................................................................................................................... I-21
PART II - GENERAL PROVISIONS
1.0 GENERAL PROVISIONS ........................................................................................ II-1
PART III - SCOPE OF WORK
1.0 GENERAL ................................................................................................................ III-1
2.0 PROJECT GOALS .................................................................................................. III-1
3.0 PROJECT DETAILS ............................................................................................... III-1
4.0 OWNERSHIP ........................................................................................................... III-3
5.0 SITE DESIGN .......................................................................................................... III-3
APPENDICES
APPENDIX A ................................................................................................................... APP-1
APPENDIX B ................................................................................................................... APP-4
PART I - INSTRUCTIONS TO OFFERORS
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1.0 PREPARATION OF PROPOSAL
1.1 GENERAL PROPOSAL INFORMATION
The County Commissioners of Charles County are hereby requesting proposals from qualified
contractors to provide creative/graphic design services and the redesign and development of a
new economic development website.
1.2 PROPOSAL PACKAGE
Proposals must be responsive to the scope, specifications, and all other criteria required in Part I,
Section 3.0, PROPOSAL CONTENT, page I-6. Failure to fully comply with requirements may
result in a proposal being rejected as non-responsive.
1.2.1 Technical Proposals must be submitted in accordance with, and contain all
information required by Part I, Section 3.1, Technical Proposal Content.
1.2.2 Cost Proposals must be submitted in accordance with the requirements contained in
Part I, Section 3.2, Cost Proposal Content. The proposed Total Sum shall include all
work required in the Scope of Services, and be all inclusive – no additional fees or
costs will be permitted after award of the contract. The Cost Proposal must be signed
by an officer authorized to make a binding commitment for the firm proposing.
No exceptions may be taken to the requirements of this solicitation. However, additional ideas,
concepts, and recommendations are encouraged and will be considered during proposal review.
All proposals shall be valid and irrevocable for a minimum of one hundred-twenty (120) days
from the due date.
The Original Proposal package shall include the following:
Technical Proposal, Including APPENDIX B, Site Design Components
Cost Proposal;
Addendum Certification;
Intended Non-MBE Subcontractors form;
Charles County MBE Utilization Affidavit;
Proposed MBE Subcontractors form;
SLBE Utilization Affidavit (if applicable);
Official Letter of SLBE Intent (if applicable);
Non-Collusion Affidavit;
Proposal “Copies” shall contain the Technical Proposal only.
By submitting a proposal in response to this RFP, the Offeror certifies their acceptance of all
terms and conditions set forth within this document, which will be made a part of the contract.
PROPOSAL SUBMISSION
Offerors shall submit two (2) unbound Original Proposals and one (1) CD containing the
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Original Proposal – all marked “Original Proposal”, and six (6) bound copies of the Technical
Proposal – all marked “Technical Proposal”. Original Proposals shall be submitted in an
envelope/box marked “Original Proposals”. Technical Proposal copies shall be submitted in an
envelope/box marked “Technical Proposal”. Both Original Proposal and Technical Proposal
envelopes/boxes should then be sealed in another envelope/box marked “RFP No. 14-40,
ECONOMIC DEVELOPMENT WEBSITE REDESIGN - DO NOT OPEN” and be
submitted to:
Fred Shroyer, Chief of Purchasing
Charles County Government
Address for USPS Mail delivery*: Physical address for courier delivery:
P.O. Box 2150 200 Baltimore Street
La Plata, MD 20646 La Plata, MD 20646
*NOTE: Due to a remote USPS mail delivery site and Charles County mail processing times,
mail delivered to the Post Office Box may not be received by Purchasing until the following day.
It is the Offeror’s responsibility to ensure that proposals are delivered to the Purchasing Office
(Room #B130) before the due date and time. Any proposals not received timely will not be
considered.
1.3 SOLICITATION SCHEDULE
Milestone Date
RFP Published Wednesday, March 19, 2014
Pre-Proposal Meeting Wednesday, April 2, 2014, at 10:00 am
Last Day for Questions Friday, April 4,2014, before 4:30 pm
Last Day for Addendums Wednesday, April 9, 2014
Proposals Due to County Wednesday, April 16, 2014, Before 3:00 pm
1.4 PRE-PROPOSAL MEETING LOCATION
A pre-proposal meeting will be held at the Charles County Department of Economic
Development, 10665 Stanhaven Place, Suite 206, White Plains, MD 20695. See Part I, Section
1.4 for the date and time. Those unable to attend in person may participate by telephone. Dial
712-432-1212 on the date and time of the meeting (4/2/14 at 10 am). You will be prompted to
enter Meeting ID 719-469-531#. Attendance roster and questions asked at the meeting will be
published in an addendum.
1.5 DUE DATE FOR SUBMISSION OF PROPOSALS
Please see the Solicitation Schedule, above, for the due date and time for bids. Proposals are due
in the Purchasing Office (Room #B130) before the due date and time specified. It is the
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Offeror’s responsibility to ensure that proposals are delivered to the Purchasing Office before the
due date and time. Submission, modification, or withdrawal of proposals after the due date/time
will NOT be considered. All proposals shall be valid and irrevocable for a minimum of one
hundred-twenty (120) days from the due date.
1.6 QUESTIONS
All inquiries concerning this solicitation must be directed in writing only (via email only) to:
Fred Shroyer, Chief of Purchasing
Purchasing Office
Email: [email protected]
Please see the Solicitation Schedule, above, for the due date for questions.
1.7 ADDENDA AND SUPPLEMENTS
In the event that it becomes necessary to revise any part of this solicitation, or if additional
information is necessary to enable the Offeror to make an adequate interpretation of the
provisions of this solicitation, a supplement to the solicitation will be issued. The Offeror shall
acknowledge in their bid, the receipt of all addenda, supplements, amendments, or changes to the
solicitation that were issued by the County. Oral statements made by County personnel shall not
bind the County in any manner whatsoever and cannot be used to protest or otherwise challenge
any aspect of this solicitation or subsequent agreement.
If any person contemplating submitting a proposal in response to this solicitation is in doubt as to
the true meaning of any part of the solicitation, they may submit to the County, a minimum of
fourteen (14) calendar days prior to the scheduled due date, a written request for an interpretation
or correction thereof. The person submitting the request will responsible for its prompt delivery.
Any interpretation, correction, changes to the solicitation will be made only by addendum
duly issued, and will be posted on the County Bid Board found at
www.charlescountymd.gov. Click on “Procurement Opportunities” and then “Bid Board”.
Any and all addenda issued prior to the proposal due date/time shall become a part of the
contract documents and shall be covered in the bid prices, unless an alternate schedule is
presented by addendum. It is the responsibility of the Offeror to check the County Bid Board as
frequently as necessary to obtain all updates and addenda to the solicitation.
1.8 SIGNATURES
The Cost Proposal Form must be signed by an officer authorized to make a binding commitment
for the firm submitting the Proposal.
1.9 ORAL PRESENTATIONS:
The County may require selected Offerors to make oral presentations in order to clarify their
proposals.
1.10 REJECTION OF BIDS/PROPOSALS
Although not intended to be an exhaustive list of causes for disqualification, any one or more of
the following causes, among others, may be sufficient for the disqualification of an Offeror and
the rejection of its bid:
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Evidence of collusion among Offerors.
Lack of competency revealed by financial statements, experience, equipment
statements, or other factors.
Lack of responsibility as shown by past work, judged from the standpoint of
workmanship as submitted or from previous experience with the Offeror.
Default on a previous similar contract for failure to perform.
Being delinquent in payments due to Charles County Government.
The County reserves the right to reject any/all proposals, to waive irregularities and/or
informalities in any proposal, and to make award in any manner, consistent with law, deemed in
the best interest of the County.
1.11 ELIGIBILITY FOR AWARD
By submitting a proposal in response to this solicitation, the Offeror certifies that their firm is not
debarred, suspended, or otherwise ineligible for participation in government procurement by the
federal government, the State of Maryland, or any other state, county, or municipal government.
The firm certifies that it is not delinquent in any payments due to Charles County Government.
The County reserves the right to refuse bids and/or not contract with firms in a delinquent
payment status with Charles County Government.
2.0 CONTRACT INFORMATION
2.1 AWARD OF CONTRACT
The County intends to award this contract on the basis of a combination of the evaluation of the
offerors’ experience and qualifications, as well as the cost proposed. Award will not be based
upon cost alone, and this solicitation does not commit the County to award a contract or to award
to that firm which has submitted the lowest cost, The County may also choose to award based
solely upon qualifications and experience if it is in the County’s best interest to do so. In
addition, the County reserves the right to accept any proposal either in part or in its entirety. The
contract entered into with the successful offeror shall meet all standard provisions required by
the County and by any involved government agencies. Failure of the County and the Offeror
selected to negotiate a mutually agreeable period in which to complete the work shall be
sufficient grounds for the County not to award to that Offeror.
The County reserves the right to reject any subcontracted relationship if changes or additions of
subcontractors are necessary during the life of the contract. The Contract documents will consist
of the Contract, this Solicitation, the Offeror’s proposal, and any addenda or other modifications
to the solicitation.
2.2 TERM OF CONTRACT
Subsequent to final execution of the Contract by both parties, and after a Notice to Proceed
issued by the County, the Contractor shall complete all required work within a specified number
of consecutive calendar days to be agreed upon by the County and the Contractor prior to
execution of the Contract. In addition, the Contract shall be valid for a period of three years
from the date of final execution for additional work, over and above that required by the Scope
of Work, at the rates contained in the Contractor’s proposal.
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2.3 BID/AWARD PROTESTS
All protests made pursuant to this solicitation must be in writing and delivered to the Chief of
Purchasing: (a) within ten (10) calendar days after the Purchasing Office has publicly posted the
proposed contract award, if the Offeror seeks as a remedy the award of the contract, or (b) before
the submission date for bids, if the Offeror seeks as a remedy the cancellation or amendment of
the solicitation. Each protest must contain a protest filing fee in the amount of $500 (US
currency); if the fee is paid by check, then the check must be made out to “Charles County
Government”. The Chief of Purchasing, may, at his sole election, return the filing fee to the
protesting Offeror, if the protest is sustained. Filing fees for unsustained protests shall not be
returned. The Chief of Purchasing must dismiss any protest not timely received.
Only an Offeror that is “aggrieved” is eligible to file a protest. Aggrieved means that the Offeror
who is filing the protest is susceptible for an award of the contract if the protest is sustained (e.g.,
a fourth ranked Offeror is not aggrieved unless the grounds for a protest, if sustained, would
disqualify the top three ranked Offerors or would require that the solicitation be reissued). Each
protest must contain the following: identification of the solicitation; the name, address and
telephone number of the protesting Offeror; a statement supporting that the Offeror is aggrieved;
and specification of all grounds for the protest, including submission of detailed facts and all
relevant documents, citation to relevant language in the solicitation, regulations, or law relied
upon; and, all other matters which the Offeror contends supports the protest. The burden of
production of all relevant evidence, data and documents, and the burden of persuasive argument
to support the protest is on the Offeror making the protest.
The Chief of Purchasing shall forward to the County Attorney, all protests timely received and
appropriate information addressing the circumstances of the protest. The Chief of Purchasing
shall also forward for the County Attorney’s information, all protests not timely received and/or
otherwise ineligible, that was dismissed by the Chief of Purchasing.
The Chief of Purchasing, after consultation with the County Attorney, shall determine whether to
sustain or reject the protest, and shall provide written notice of his determination to the Offeror
making the protest, and to the County Attorney. In the case of a sustained protest, the Chief of
Purchasing, after consultation with the County Attorney, shall determine what remedy shall be
taken to redress the protest. All decisions of the Chief of Purchasing shall be final, and not
subject to appeal.
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3.0 PROPOSAL CONTENT
3.1 TECHNICAL PROPOSAL CONTENT. DOCUMENTS AND FORMS TO BE
SUBMITTED:
The Technical Proposal shall be submitted separately from the Cost Proposal.
The vendor must furnish the following technical proposal documents to the County. Failure to
comply with this requirement may render the proposal incomplete and/or non-responsive and
may result in its rejection. All requirements contained in Part III, Scope of Work, must be
addressed in the technical proposal.
Please note: Additional ideas, concepts, and recommendations are encouraged and will be
considered during proposal review.
3.1.1 Transmittal/ Cover Letter
The Transmittal Letter will include the name of the proposing vendor, address, telephone
number, e-mail address, and point of contact.
The Transmittal/Cover Letter should not exceed one (1) page in length.
3.1.2 Company Profile
The following company profile information must be provided:
a. Firm name and address, including telephone, and web site address
b. Year established (including former names and years established, if applicable)
c. Type of ownership and parent company, if any
d. Areas of expertise
e. Location of the company’s help desk
The company profile should not exceed three (3) pages in length.
3.1.3 Key Personnel
Provide names of graphic and other creative designer(s), web designer(s), web developer(s),
copy writer(s), content manager(s), and any other key personnel who will work on the EDD
project, including each individual’s relevant experience.
This section should not exceed ten (10) pages in length.
3.1.4 Project Assumptions and Expectations
Provide all key assumptions you are making. List all expectations of County involvement. If
there are no additional assumptions, please indicate this is the case.
This section should not exceed two (2) pages in length.
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3.1.5 Proposed Approach
This section should include the following:
a. Provide a summary that demonstrates complete understanding of the project.
b. Discussion regarding each project component for Creative Development (Graphic and
Creative Elements, Administrative Communication and Marketing Package)
c. Discussion regarding each project component for Website Development (Site Design,
Site Development, Training, Copy Writing, Implementation, Go Live, and One Year
Support)
d. Using the form provided as Appendix B, “Site Design Components”, published
separately as a Word document, discuss each project component for Site Design as listed
in Section 5.0, Table 5.2 - Website Design and Functionality and Website Features.
e. For project component discussions, please address the following:
i. How will requested items be accomplished?
ii. Any questions regarding items listed in Site Design should be answered.
iii. Clearly identify any items that are not feasible or are impractical.
iv. Clearly identify any items which add an exorbitant cost to the proposal.
f. The name and description of the CMS being proposed, along with links to websites that
the vendor has developed using the proposed CMS
g. The name and description of the Analytics tools being proposed
h. The programming language being used for development
i. The database being used for data storage
This section should not exceed thirty (30) pages in length.
3.1.6 System Software and Hardware Requirements
Please include the hardware, database, operating system, and software necessary for servers,
PCs, and peripherals should Charles County decide to host the website in-house.
Charles County’s computing environment is detailed in Appendix A.
This section should not exceed two (2) pages in length.
3.1.7 Implementation Plan / Schedule
Describe in detail the implementation of the proposed website. Include discussion of how
project will be phased, including number of calendar days to complete each phase, and the total
number of calendar days to fully implement the project. Include milestones in project schedule.
This section should provide a detailed timeline of the project, from the kick off to the final
acceptance. Required County involvement to move timeline along should be indicated.
Discuss the process proposed to ensure that EDD staff has the opportunities for frequent reviews
and input during the design, development, and copy writing phases.
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Define and identify the point at which the implementation of the website would be deemed
complete and turned over to the County for fully functional operations.
This section should not exceed ten (10) pages in length.
3.1.8 Experience
Provide documentation relative to your firm’s experience in the design, development, and
implementation of economic development websites and creative design similar to that outlined in
this RFP. If proposing to subcontract any portion of the work, the same information must be
provided for each subcontractor.
Briefly summarize your firm’s experience and relate its relevance to the proposed project in
terms of technical scope, tasks involved, deliverable products, etc. (Do not include an extensive
list of projects that are not relevant to this project.)
Please list any experience in economic development or marketing activities for the following
locales:
a. Charles County, MD
b. DC Metro Area
c. Maryland
This section should not exceed five (5) pages in length.
3.1.9 References
A minimum of five (5) project references with similar scope must be provided. The projects must
have been implemented within the last 36 months.
For each project include the following:
a. Project name
b. Website URL
c. Name and address of client
d. Client contact person (name, position, e-mail address, current phone number)
e. Implementation date
f. Description of services provided
g. Contract amount
h. Status and comments
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This section should not exceed ten (10) pages in length.
3.1.10 Training
Provide an overview of proposed training, including options for on-site, web training, training
center services, etc. Detail number of training sessions being proposed as well as the intended
audience. Detail any training documentation provided to the users, which can be used in the
future as reference documents.
a. Vendor shall describe in detail how training will be conducted and how vendor will make
its staff available for training during the design and implementation process.
b. Vendor shall describe any ongoing or periodic training necessary or recommended after
website launch.
This section should not exceed three (3) pages in length.
3.1.11 Ongoing Content Management
In order for the Charles County EDD website to become and remain an informative and powerful
tool, the content must be updated regularly to stay current and informative.
The vendor should include in their proposal an operational plan for providing and updating the
website copy on an ongoing basis. The operational plan should cover:
a. Details regarding the processes involved in updating the content (recommendation,
discussion, review, approval, etc.)
b. Information to be provided by the vendor
c. Information to be provided by EDD staff
d. Frequency of revisions
e. Basic grammar/spelling tools utilized
f. Controls in place to ensure that EDD staff and vendor do not interfere with each other’s
work should both be updating the site at the same time.
This section should not exceed three (3) pages in length.
3.1.12 Technical Maintenance and Support
Provide an overview of proposed technical maintenance and support recommended after the
launch of the website to ensure website remains fully-functioning and continues to meet the
requirements of the Department of Economic Development’s initiatives.
Details to be included:
a. Any ongoing support and/or maintenance required after full implementation to maintain
the proposed solution.
b. The methods by which support and maintenance will be provided.
c. An estimate of the frequency of any support or maintenance needed.
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This section should not exceed three (3) pages in length.
3.1.13 Website Hosting
Depending on a variety of factors, Charles County may determine that it is beneficial to have the
website hosted. Should Charles County choose to have the vendor host the site, the content
must be available to review at all times. As a part of the contract, Charles County will be
provided with the complete content of the hosted site at predetermined time intervals. Content
should be provided on DVD or other agreed upon media. Content should be available within 48
hours of request.
If the vendor has the ability to host the solution, please complete the table below:
Item Description Comments
a. Please detail your hosting procedures
b. Identify the main and redundant (if any) locations of
the hosting servers
c. Detail the failover mechanisms in place for the
hosting servers
d
Describe the security at your main and redundant
processing centers including, but not limited to,
physical security, system and data security.
e.
Describe your procedures for conducting backups
including details for the various types of backups
(system, application, data, etc.), the frequency (daily,
weekly, etc.), the methodology (full, incremental,
etc.) and the associated retention schedules.
f.
Describe security measures related to backup media
(authorized access to backup media, off-site storage
location, method/frequency of transport to off site
location, encryption, etc.)
g.
Detail your ongoing maintenance and testing
procedures which ensure system continues to
perform at desired and acceptable levels.
h. Include a copy of your disaster recovery plan
i.
System must be available for usage and activation
99.99% of the time (uptime). System must not be
rendered inoperable for the purpose of routine
maintenance, system software upgrades or hardware
additions. Detail how uptime percentage is calculated
and how Charles County will be compensated for
downtime beyond the agreed level.
j.
All scheduled website maintenance must be
performed between the hours of midnight and 4am
EST. This would include backups, error resolution,
standard system maintenance and upgrades.
k. Site must be designed and data must be maintained
in a manner that would allow Charles County
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Government to move from one hosting service to
another, should the County decide to bring the
website in-house from the vendor or vice versa.
3.1.14 Favored Websites
Listed below are some websites that provide a “look and feel” for the type of site and
functionality we are looking for.
http://www.biz.loudoun.gov/
http://www.gostaffordva.com/
http://www.gilbertedi.com/
http://www.centralvirginia.org/
http://www.choosewindsoressex.com/?fullsite=true#
http://www.thinkbradentonarea.com/home.aspx
3.1.15 Sample Software as a Service (SaaS) Agreement
Depending on a variety of factors, Charles County may decide that it is in its best interests to
have the EDD website hosted. Please provide a copy of the SaaS agreement that Charles County
would be required to sign should we want the website to be hosted at your location.
3.1.16 Listing of Other Available Services
Please provide a detailed description of other available services that could be provided to Charles
County EDD in addition to the creative development and website redesign.
3.2 COST PROPOSAL CONTENT
The Cost Proposal shall be submitted separately from the Technical Proposal, and will be
included in the “Original Proposal”.
Provide an itemized list of all costs related to the implementation of your proposed solution, and
the total lump-sum cost to the County for a fully functional system that incorporates all
requirements as contained in this solicitation.
There shall be no hidden costs associated with this request. The County shall not be responsible
for the reimbursement of any costs not specifically set forth in the proposal. In addition, the
County shall reserve the right to accept any part or all of the proposer's fee schedule.
Final contract amount will be subject to negotiation to determine exact scope of services to be
provided and final contract fee amount.
This section should not exceed five (5) pages in length.
Detail the costs associated with each of the items below:
3.2.1 Project Costs, including but not limited to:
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a. Design costs
b. Development costs
c. Copywriting costs
d. Onsite visit costs
e. Training costs
o Pricing for all training occurring through the date of website launch for public use
shall be included in the total price quoted for the project.
o A separate quote for the cost of any ongoing training occurring after website
launch shall additionally be provided.
f. 1st Year support costs
g. Other (detail each type of other cost)
3.2.2 Recurring Annual Maintenance Costs
a. Detail specifically what is included in the recurring annual maintenance costs
b. In regard to help desk support, indicate hours and the support communication methods
available to the County (e.g. e-mail, telephone, chat)
c. Other (detail each type of other cost)
d. Pricing for all support and maintenance occurring through the date of website launch for
public use shall be included in the total price quoted for the project.
e. A separate quote for the cost for ongoing maintenance and support occurring after
website launch shall additionally be provided.
3.2.3 Ongoing Development Costs
a. It is anticipated that there may be additional functionality required for the site that cannot
be implemented via the proposed CMS
b. Detail hourly cost of implementing new functionality (include breakdown for type of cost
– analyst, programmer, etc.)
3.2.4 Software Licensing information
a. Detail costs associated with the use of any of the supplied components; for example,
Content Management System, Analytics Software, etc. For each component, along with
cost, detail the following:
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i. proposed software licensing structure related to the costs above
ii. number and type of licenses
iii. number of users, concurrent users, unlimited users, specific user types etc.
iv. when referring to users in regard to the pricing, state the user type, provide a
definition of the user type and identify all licensing costs associated with the user
type
3.2.5 Website Hosting Costs
a. Depending on a variety of factors, the County may determine that it is beneficial to have
the website hosted.
b. Detail annual hosting cost. Annual hosting cost should include all components of hosting
requirements (storage, security, capacity, maintenance, etc.) detailed under Website
Hosting section. If the cost associated with a particular component can be itemized,
please detail on the cost proposal.
3.2.6 Ongoing Content Management
a. Depending on a variety of factors, the County may determine that it is beneficial to have
the vendor maintain content on the website, in addition to EDD staff. This would
include:
i. Updating of content on web pages (text, images and other requests)
ii. Re-format and streamline web pages to enhance visitor experience with the
website
iii. Continually suggest ways to upgrade the visual and navigational experience
b. Detail any and all costs associated with vendor maintenance of content. Include any sort
of maximum parameters/transactions associated with this maintenance (hours, entries,
uploads, words, etc.)
c. Provide a list of staff positions, by title, along with their respective hourly rates, for
additional work that could be required for the website, over and above that required by
the scope of work, as well as for marketing services not related to the website. Also
include rates for travel, copying, etc. These rates shall be firm for a term of three years
after the Contract date.
This section not to exceed five (5) pages in length.
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4.0 EVALUATION PROCESS CRITERIA
Each proposal will be scored in accordance with the following breakdown for a total of 100%.
a. Technical Proposal, qualifications/experience 60%
b. Fee (Reviewed after evaluation of technical proposals) 40%
Criteria for review will include, but not be limited to, the following:
a. The overall quality and completeness of the response
b. Demonstrated understanding of the project
c. Vendor’s proven experience and successful track record of performing the following for
economic development organizations (EDO’s) representing jurisdictions similar to
Charles County or larger:
a. developing creative and graphic elements including logos and taglines
b. developing web sites
d. Familiarity with Charles County, DC Metro Region, and/or Maryland as demonstrated by
previous economic development and/or marketing activities
e. Functionality and features of proposed website
f. Detail of services to be provided
g. Demonstration of firm’s experience, expertise, and quality of work
h. Work process utilized by vendor
i. Evidence of timely completion of projects
j. Proposed schedule timeliness
k. References
l. Competitive fees
m. Overall value based on price, experience, and deliverables
Depending on the number of submissions and evaluation scores, the County may request
additional information, best and final offers, and/or interviews from selected respondents prior to
awarding the contract.
The County reserves the right to award irrespective of the cost. This would be especially the
case if interviews are conducted.
5.0 SOCIO-ECONOMIC PROGRAMS
5.1 MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM
Offerors are advised that Charles County Government has established a MBE Program which
applies to all formal solicitations. There is an aspirational minimum goal of 25% MBE
participation for each project.
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The County recognizes, as Minorities, the following groups: African Americans; American
Indians/Native Americans; Asians; Hispanics; Women; Physically or Mentally Disabled persons
and Disabled American Veterans. The County will automatically recognize MBE status for any
firm certified by the Maryland State Highway Administration, Federal 8-A registration or
Charles County Government. Information concerning the Charles County MBE Registration
Process may be obtained by contacting the Charles County Purchasing Office, at (301) 645-
0656.
The solicitation documents included herein contain a form entitled “Minority Business
Enterprise Utilization Affidavit”. This document indicates the MBE certification status of the
Offeror, as well as, the level of MBE participation of any sub-contractor or suppliers. Offerors
are requested to complete the form and submit it with their proposal package. The awarded
Offeror shall be required to report MBE Utilization to the County post award on the County’s
“MBE Utilization – Post Award” form, if they have proposed any MBE usage. The County
maintains a list of registered MBE firms on its Purchasing Division website located at
http://www.charlescountymd.gov/fas/purchasing/purchasing.
5.2 SMALL LOCAL BUSINESS ENTERPRISE (SLBE) PROGRAM:
Proposers are advised that Charles County Government has established a Small Local Business
Enterprise (SLBE) Program, which registered Charles County SLBE firms responding to this
solicitation may receive a preference in accordance with the provisions of the Program that may
apply to a formal solicitation resulting in an award of less than $500,000 if they:
Are registered in the Charles County SLBE Program and eligible in all other respects, at
the time the firm’s bid/proposal is submitted.
Complete the attached SLBE forms and indicate their SLBE status.
Are susceptible for award for a contract valued less than $500,000.
SLBE firms must meet all requirements of the RFP, and will not be granted exceptions based
upon SLBE status.
Information concerning the Charles County SLBE Registration Process may be obtained by
contacting the Charles County Purchasing Office, at (301) 885-1334. The County maintains a list
of registered SLBE firms on its Purchasing Division website located at
http://www.charlescountymd.gov/fas/purchasing/purchasing.
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6.0 MISCELLANEOUS TERMS
6.1 INCURRING COSTS
The County is not liable for any costs incurred by the Offeror prior to issuance of contract.
6.2 INDEMNIFICATION CLAUSE
The Contractor shall protect, hold free and harmless, defend and indemnify Charles County,
including its officers, agents, and employees from all liability, penalties, costs, losses, damages,
expenses, causes of action, claims or judgments, including attorney’s fees, resulting from injury
to, or death of, any person or damage to property of any kind, which injury, death or damage
arises out of, or is any way connected with the performance of the work under this contract. This
agreement shall apply to any acts or omissions, negligent conduct, whether active or passive,
including acts or omissions of contractor’s agents or employees; except that this agreement shall
not be applicable to injury, death or damage to the property arising from the sole negligence of
Charles County, it’s officers, agents and employees.
6.3 PAYMENT OF TAXES
The firm awarded the contract resulting from this solicitation shall be responsible for paying all
Maryland sales tax, and any other applicable taxes, on items purchased by the Contractor in the
pursuit of this contract. The County tax exempt status cannot be transferred to the Contractor.
6.4 INSURANCE
The Contractor shall provide, at their expense, the following:
Professional liability insurance with a limit of not less than $1,000,000.
Comprehensive automobile bodily injury and property damage insurance covering all
vehicles whether owned, hired, or non-owned operated by/or on behalf of the Contractor
in the performance of this contract with not less than the following units:
o Bodily Injury: $1,000,000 per person
$2,000,000 per occurrence
o Property Damage: $500,000 per occurrence
The Contractor shall also obtain and pay premium for the following:
Workmen’s Compensation in compliance with Maryland Statutory Limit.
Comprehensive General Liability in an amount not less than $2,000,000 (combined
personal injury and/or property damage) per occurrence subject to $2,000,000 aggregate.
The successful Offeror shall provide the County with Certificates of Insurance evidencing the
coverage required by this solicitation prior to award of a contract. The following certificates shall
name The County Commissioners of Charles County (or other name as directed by the County)
as an additional named insured:
Comprehensive automobile bodily injury and property damage insurance
Comprehensive General Liability
All Certificates shall reference the solicitation name and number, and have an ending date that
covers the entire contract term or extension period. The Contractor shall provide the County with
copies of the Declarations and Exclusions for the Professional Liability insurance.
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If the insurance obtained requires deductibles, the Contractor shall pay all costs not covered
because of such deductibles. Providing insurance as required herein does not relieve the
successful Offeror of any responsibility or obligations ensuing as a result of the contract award,
or for which the Offeror may be liable by law or otherwise. Proof of Insurance will be required
and must be submitted prior to final execution of the Contract by Charles County Government.
6.5 PERFORMANCE EVALUATIONS
The County shall perform periodic performance evaluations, at the County’s discretion, on all
Work performed by the Contractor under this Contract. The Contractor shall have the
opportunity to review performance evaluations upon request. Performance evaluations shall be
maintained in the County’s contract files.
6.6 SUBCONTRACTORS:
The Contractor shall not sublet any portion of this contract, or assign or transfer any interest in
this contract without receiving prior written approval from the County. Where two or more
Offerors desire to submit a single proposal in response to this RFP, they should do so on a prime-
subcontractor basis rather than as a joint venture. Subcontracts for any portion of this contract
must be clearly identified in the Offeror’s proposal. Subcontracts are subject to Minority
Business Enterprise (MBE) and Small Local Business Enterprise (SLBE) requirements detailed
herein.
6.7 NEWS RELEASE:
No news releases pertaining to this bid request or the service, study, or project to which it relates
will be made without County approval.
6.8 PUBLIC INFORMATION ACT NOTICE:
Offerors should give specific attention and identification of those portions of their bids which
they deem to contain confidential and/or proprietary information. Such information must be
individually noted as being confidential or proprietary, either at that location, or in a separate
consolidated listing contained within the bid/proposal, and provide justification of why the
material should not be subject to disclosure by the County upon request under the Maryland
Public Information Act. Offerors may not declare their entire proposal package to be
confidential or proprietary. Failure to provide specific identification and justification may result
in the County releasing the information if requested to do so.
6.9 HOLIDAY SCHEDULE
The following holidays are observed by the County:
NEW YEAR'S DAY
MARTIN LUTHER KING JR.'S BIRTHDAY
*LINCOLN'S BIRTHDAY
WASHINGTON'S BIRTHDAY
*MARYLAND DAY
GOOD FRIDAY
MEMORIAL DAY
INDEPENDENCE DAY
LABOR DAY
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COLUMBUS DAY
VETERAN'S DAY
ELECTION DAY(WHEN APPLICABLE)
THANKSGIVING DAY
DAY AFTER THANKSGIVING
CHRISTMAS DAY
*FLOATING HOLIDAYS - COUNTY OFFICES AND OPERATIONS SHALL BE OPEN.
6.10 MID-ATLANTIC PURCHASING TEAM RIDER CLAUSE
USE OF CONTRACT(S) BY MEMBERS COMPRISING Mid –Atlantic Purchasing Team
COMMITTEE
Extension to Other Jurisdictions
The Charles County Government extends the resultant contract(s), including pricing, terms and
conditions to the members of the Mid-Atlantic Purchasing Team, as well as all other public
entities under the jurisdiction of the United States and its territories.
Inclusion of Governmental & Nonprofit Participants (Optional Clause)
This shall include but not be limited to private schools, Parochial schools, non-public schools
such as charter schools, special districts, intermediate units, non-profit agencies providing
services on behalf of government, and/or state, community and/or private colleges/universities
that require these goods, commodities and/or services.
Notification and Reporting
The Contractor agrees to notify the issuing jurisdiction of those entities that wish to use any
contract resulting from this solicitation and will also provide usage information, which may be
requested. The Contractor will provide the copy of the solicitation and resultant contract
documents to any requesting jurisdiction or entity.
Contract Agreement
Any jurisdiction or entity using the resultant contract(s) may enter into its own contract with the
successful Contractor(s). There shall be no obligation on the party of any participating
jurisdiction to use the resultant contract(s). Contracts entered into with a participating
jurisdiction may contain general terms and conditions unique to that jurisdiction Including, by
way of illustration and not limitation, clauses covering minority participation, non-
discrimination, indemnification, naming the jurisdiction as an additional insured under any
required Comprehensive General Liability policies, and venue.
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MID-ATLANTIC PURCHASING TEAM MEMBERS
Complete this table and submit it with your bid. This extends the use of Contracts issued as a result of this solicitation to other
jurisdictions above if selected Yes (Y).
Y N Y N Y N
Alexandria, Virginia Fairfax County Water Authority Montgomery College Alexandria Public Schools Falls Church, Virginia Montgomery County, Maryland Alexandria Sanitation Authority Fauquier Co. Schools & Government Montgomery County Public School Annapolis City Frederick, Maryland Northern Virginia Community
College
Anne Arundel County Frederick County, Maryland Prince George’s Community College Anne Arundel School Gaithersburg, Maryland Prince George’s County, Maryland Arlington County, Virginia Greenbelt, Maryland Prince George’s Public Schools Arlington Co. Public Schools Harford County Prince William County, Virginia Baltimore City Harford County Schools Prince William County Public
Schools
Baltimore Co. Schools Howard County Prince William County Service
Author
Bladensburg, Maryland Howard County Schools Rockville, Maryland Bowie, Maryland Herndon, Virginia Spotsylvania County Carroll County Leesburg, Virginia Spotsylvania County Schools Carroll County Schools Loudoun County, Virginia Stafford County, Virginia Charles County Government Loudoun County Public Schools Takoma Park, Maryland City of Fredericksburg Loudoun County Water Authority Upper Occoquan Service Authority College Park, Maryland Manassas City Public Schools Vienna, Virginia District of Columbia Government Manassas Park, Virginia Washington Metropolitan Area
Transit Authority
District of Columbia Water & Sewer Auth.
Maryland DGS Purchasing Washington Suburban Sanitary
Commission
District of Columbia Public Schools
MD Nat’l Capital Park & Planning
Commission Winchester, Virginia
Fairfax, Virginia Metropolitan Washington Airport
Authority Winchester Public Schools
Fairfax County, Virginia Metropolitan Washington Council of
Governments
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7.0 FORMS
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SAMPLE CONTRACT
THIS CONTRACT, made this day of , in the year 2014, by and between
___________________________________hereinafter called the CONTRACTOR, and the CHARLES
COUNTY COMMISSIONERS, hereinafter called the COUNTY. The parties to this CONTRACT intend
to form a CONTRACT under seal.
WHEREAS, the CONTRACTOR will provide the necessary services for Bid No. 14-40, Economic
Development Website Redesign in CHARLES COUNTY, MARYLAND subject to all conditions,
covenants, stipulations, terms and provisions contained in the General Provisions and Scope of Work
being in all respect made a part hereof, at and for a sum equal to the aggregate cost of the services,
materials, and supplies done or furnished, at the prices and rates respectively named therefore in the
proposal, attached hereto;
Now, therefore, this CONTRACT witnesseth, that the CONTRACTOR both hereby covenant and
agree with the COUNTY that the CONTRACTOR will well and faithfully provide said necessary services
for the amount proposed in the CONTRACTOR’S PROPOSAL, dated , in accordance with
each and every one of the above-mentioned General Provisions and Scope of Work, at and for a sum
equal to the aggregate cost of the services, materials, and supplies done and furnished at the prices and
rates respectively named therefore in the CONTRACTOR’s proposal, and will well and faithfully comply
with and perform each and every obligation imposed upon him by said General Provisions and Scope of
Work.
The CONTRACTOR hereby agrees to complete all work under this CONTRACT to the
COUNTY’s satisfaction within (TBD) calendar days of a written a Notice to Proceed from the
COUNTY. The term of the contract for rates for additional work, over and above that required by the
Scope of Work, shall be from CONTRACT execution to
And the COUNTY doth hereby covenant and agree with the CONTRACTOR that it will pay to
the CONTRACTOR when due and payable under the terms of said General Provisions and Scope of
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Work, the above-mentioned amount; and it will well and faithfully comply with and perform each and
every obligation imposed upon it by said General Provisions and Special Provisions or the terms of said
award.
IN WITNESS WHEREOF, the parties hereto have set their hands and respective seals as of this
day and year first above written:
XXXXXXXXXX XXXXXXXXX XXXXX
By (Signature): (SEAL)
COUNTY COMMISSIONERS OF CHARLES
COUNTY, MARYLAND
By:
Printed Name/Title:
Candice Quinn Kelly, President
(Date)
(Date)
(Address)
Approved as to Form:
(City, State, Zip Code)
(SEAL)
Barbara L. Holtz, Esq., County Attorney
(Secretary)
(Date)
(Witness)
(Date)
NOTES: IF CONTRACTOR IS A CORPORATION, THE CORPORATE SECRETARY MUST ALSO SIGN, AND THE
CORPORATE SEAL MUST BE IMPRESSED. IF THE CORPORATION DOES NOT POSSESS A SEAL,
SIGNATORIES MUST “CIRCLE” THE WORD (SEAL) AND INITIAL.
BUSINESS ENTITIES OTHER THAN CORPORATIONS MUST SIGN, “CIRCLE” THE WORD (SEAL),
AND INITIAL. SIGNATURES MUST BE WITNESSED AND DATED.
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ADDENDUM CERTIFICATION
RFP Number: 14-40
Project Name: Economic Development Website Redesign
The undersigned acknowledges that he/she received the following Addenda to the Specification for the
above-identified bid, and that this bid was prepared in accordance with said Addenda.
Addendum Number: Date of Addendum:
Proposer
Address
Signature Date
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INTENDED NON-MBE SUB-CONTRACTORS
RFP Number: 14-40
Proposal Name: Economic Development Website Redesign
Note: Any MBE sub-contractors intended for this project shall be identified on the Proposed MBE
Contractors form.
Sub-contractor (Name and Address)
Work to be performed
Offeror:
Address:
Signature: Date:
All Offerors are required to complete this form and submit it with their proposal. Please note
N/A if Not Applicable.
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CHARLES COUNTY MBE UTILIZATION AFFIDAVIT
RFP Number: 14-40
Proposal Name: Economic Development Website Redesign
Name of Offeror:
Please respond to the following questions: Check One
Yes N o
1. Certified Minority Business Enterprise?
a. Certified by: State of Maryland?
b. Federal 8-A Registration?
c. Charles County Local Government?
d. Other (please list)
Principle Owner’s Minority Class (please check):
African American Asian American Hispanic American
Native American Women Other (please list)
2. If the response to Question 1 is no, have Minority Business Enterprises provided services, or supplied
any items associated with your response to this Request for Proposal or Invitation to Bid?
NOTE: If the response to Question 2 is yes, please include a list on the next page of all MBE subcontractors,
names and addresses, the nature of the services or supplies being furnished, percentage of the overall contract
amount and complete the remainder of this form. If the response to Question 2 is no, please provide signature
and title at bottom of form.
Total Proposal $
Total Minority Business Enterprise Bid/Proposal $
Percent of Total Minority Business Enterprise Contract $
Signature Title
All Offerors are required to complete this form and submit it with their proposal. Please note
N/A if Not Applicable.
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PROPOSED MBE SUB CONTRACTORS
(if applicable)
RFP Number: 14-40
Proposal Name: Economic Development Website Redesign
COMPANY NAME & ADDRESS: __________________________________________________
(Include City, State, Zip Code
and County) __________________________________________________
__________________________________________________
PRODUCT/SERVICES __________________________________________________
________________________________________________________________________________
* MINORITY CLASS ___________________ PERCENT OF PARTICIPATION _______
═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═
COMPANY NAME & ADDRESS: __________________________________________________
(Include City, State, Zip Code
and County) __________________________________________________
__________________________________________________
PRODUCT/SERVICES
________________________________________________________________________________
* MINORITY CLASS ___________________ PERCENT OF PARTICIPATION _______
═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═
COMPANY NAME & ADDRESS: __________________________________________________
(Include City, State, Zip Code
and County) __________________________________________________
__________________________________________________
PRODUCT/SERVICES __________________________________________________
________________________________________________________________________________
* MINORITY CLASS ___________________ PERCENT OF PARTICIPATION _______
═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ If additional space is needed, please submit information on a separate sheet and attach hereto
See Part I, Section 5.1 for list of Minority Classes
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Charles County Government
SMALL LOCAL BUSINESS ENTERPRISE (SLBE) UTILIZATION AFFIDAVIT
Bidders/Offerors seeking SLBE preference are required to complete this form and submit it with their
bid/proposal.
Solicitation Information
Solicitation Name: Economic Development Website Redesign Solicitation #:14-40
Part 1. Prime Bidder/Offeror SLBE Status
Name of Bidder/Offeror: ___________________________________________________________________
Respond to the following questions:
Check One
Yes No
1. Is the Prime Contractor a Registered SLBE?
If Yes, identify the Bidder/Offeror’s SLBE Registration #:
2. If the response to Question 1 is No, is the Bidder/Offeror claiming SLBE
preference based upon the use of registered SLBE(s) to provide services
or items associated with the Bidder’s/Offeror’s Bid/Proposal?
Yes No
NOTE: If the response to Question 2 is Yes, complete Part 2 below and the “SLBE Subcontractors Participation
Schedule” form in Part 4.
Part 2. SLBE Subcontractor Participation
Provide the total value of SLBE work to be provided and complete the “SLBE Subcontractors Participation
Schedule” form in Part 4 identifying the individual SLBE(s) and the amount of their intended involvement.
Total Bid/Proposal Price: $
Total SLBE Work – Bid/Proposal Value: $
Percentage of Total Work (Dollar Value) of SLBE(s): %
Part 3. Certification of SLBE Preferences
By signing below, the BIDDER/OFFEROR certifies that it has complied with SLBE program requirements and
during the course of the project will maintain all terms and conditions set forth in the SLBE forms, including
the SLBE participation schedule and Letters of SLBE Intent. Additionally, the BIDDER/OFFEROR will notify
the Chief of Purchasing within 72 hours via written notice if a subcontractor on the SLBE participation
schedule is unable to perform work set forth in the schedule; and within 7 consecutive days of making the
determination, make a written request to amend the SLBE participation schedule. The COUNTY shall be
granted access to inspect any relevant matter related to SLBE Program compliance, including records and the
jobsite and to interview subcontractors and workers. The BIDDER/OFFEROR is aware that noncompliance, as
determined by the COUNTY, may result in the BIDDER/OFFEROR to take corrective actions and/or result in
sanctions as set forth in the contract.
__________________________________
Signature
_________________________
Title
__________________
Date
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Part 4. SLBE Subcontractors Participation Schedule
Instructions: Identify each registered SLBE subcontractor below, including SLBE registration numbers, Federal Employer Identification Numbers
(FEINs), company names and addresses, the nature of the services or supplies being furnished, value of work to be performed by the SLBE, and the
percentage of the overall project amount and complete the “Official Letter of SLBE Intent” with each SLBE subcontractor/joint-venture partner
included in the schedule below.
SLBE
Registration #
FEIN or Social
Security #
Company Name
Address
Phone & Fax
Services to be Provided
Value of
SLBE Work
From Letter
of
Intent
SLBE % of
Contract
$ %
$ %
$ %
$ %
$ %
If additional space is needed, please submit information on a separate sheet and attach hereto. For each registered SLBE subcontractor identified, complete an “Official Letter of SLBE Intent” form provided below.
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Charles County Government
OFFICIAL LETTER OF SLBE INTENT
A LETTER OF INTENT is required for each SLBE identified in Part 4 of the SMALL LOCAL
BUSINESS ENTERPRISE (SLBE) UTILIZATION AFFIDAVIT. The LETTER OF INTENT must be
signed by bother the Bidder/Offeror and Registered SLBE Firm.
Solicitation Information
Solicitation Name: Economic Development Website Redesign Solicitation #:14-40
Part 1. To be Completed by the Bidder/Offeror
Name of Bidder/Offeror: _____________________________________________________________
Address:__________________________________________________________________________
_________________________________________________________________________________
Contact Name/Title: ________________________________________________________________
Telephone: __________________________________ Fax: _________________________________
Email: ___________________________________________________________________________
Identify the services to be performed or items to be supplied by the SLBE, including Bid Item (if applicable):
Value of Work to be Performed by the SLBE: $
Value of Work as a Percentage of Total Bid/Proposal Price %
Part 2. To be Completed by the SLBE
Name of SLBE: ____________________________________________________________________
SLBE Registration #:____________________________
Address:__________________________________________________________________________
_________________________________________________________________________________
Contact Name/Title: ________________________________________________________________
Telephone: _____________________________ Fax: ______________________________________
Email: ___________________________________________________________________________
Part 3. Certification of SLBE Intent
The Bidder/Offeror certifies its intent to utilize the SLBE identified above for the effort identified in this
bid/proposal, and that the work described above is accurate. Bidder/Offeror will provide the County with a copy
of the related subcontract agreement and/or purchase order prior to commencement of the SLBE’s work. The
SLBE firm certifies that it has agreed to provide such work identified and/or supplies for the amount stated
above.
Bidder/Offeror: ___________________________________________
Signature Title ____________________
Date
SLBE Firm Rep: ___________________________________________
Signature Title ____________________
Date
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NON-COLLUSION AFFIDAVITS
RFP Number: 14-40
Proposal Name: Economic Development Website Redesign
I do solemnly declare and affirm, under the penalties of perjury, the following:
1. That neither I, nor the best of my knowledge, information and belief, the Offeror, nor any officer,
director, partner, member, associate or employee of the Offeror, nor any person in his behalf, has in any
way agreed, connived or colluded with any one for and on behalf of the Offeror, to obtain information
that would give the Offeror an unfair advantage over others, nor gain any favoritism in the award of this
contract, nor in any way to produce a deceptive show of competition in the matter of bidding or award of
this contract.
2. That neither I, nor the best of my knowledge, information and belief, the Offeror, nor any officer,
director, partner, member, associate of the Offerer, nor any of its employees directly involved in
obtaining contracts with the State of Maryland or any County or any subdivision of the State has been
convicted of bribery, attempted bribery or conspiracy to bribe under the laws of any State or Federal
Government of acts or omissions committed after July 1, 1977, except as noted below: All pursuant to
Article 78A, Section 16D of the Annotated Code of Maryland.
Signature
Name and Title of Signer
Company
Date
Subscribed to and sworn to before me, a Notary Public of the State of County
or City of this year and date first written above.
Notary Public My Commission Expires
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PART II - GENERAL PROVISIONS
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1.0 GENERAL PROVISIONS
1. DEFINITIONS:
COMMISSIONERS The County Commissioners of Charles
County.
COUNTY The County Commissioners of Charles
County, Maryland.
CONTRACT The written agreement executed by the
County Commissioners of Charles County
and the successful proposer, covering the
performance of the work and the furnishing
of materials required in the construction of
the project. The contract shall include: A
conventional contract or award letter,
instructions to proposers, solicitation,
specifications and scope of work, special
provisions, general provisions, any other
addenda or written instructions pertaining to
the method and manner of performing the
work, and the Proposer’s proposal.
CONTRACTING OFFICER The Director of the Department of
Economic Development, and includes a duly
appointed successor or authorized
representative.
CONTRACTOR The person or persons, partnership, firm or
corporation who enters into a contract
awarded to him by the COUNTY.
DEPARTMENT The authorized division or agency of
Charles County government responsible for
the service or work for which the contract
will be written.
DAYS Calendar Days
EXTRA WORK A written order to the CONTRACTOR and
signed by the CONTRACTING OFFICER,
ordering a change in or an addition to the
work from that originally shown in the
specifications.
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GENERAL PROVISIONS All requirements and provisions contained
in this document.
INSTRUCTIONS TO PROPOSERS Information explaining the procurement
process, significant dates, and bidding
requirements.
OWNER The entity holding title or having vested
interest in the property and rights associated
with the property.
SPECIAL PROVISIONS Statements modifying or changing the
requirements or provisions of the General
Specifications or adding new requirements
or provisions thereto.
SPECIFICATIONS/SCOPE OF WORK The written or printed agreements and
instructions pertaining to the performance of
the work to be performed, and/or the
quantity and quality of the work/materials to
be furnished under the contract.
2. CHANGES:
A. The CONTRACTING OFFICER may, at any time, without notice to the sureties,
by written order designated or indicated to be a change order, make any change in
the work within the general scope of the contract, including but not limited to
changes:
(1) In the specifications (including drawings and design);
(2) In the method or manner of performance of the work;
(3) In the COUNTY furnished facilities, equipment, materials, services, or
site; or
(4) Directing acceleration in the performance of the work.
Any other written order or an oral order (which terms as used in this paragraph
(B.) shall include direction, instruction, interpretation, or determination) from the
CONTRACTING OFFICER, which causes any such change, shall be treated as a
change order under this article, provided that the CONTRACTOR gives the
CONTRACTING OFFICER written notice stating the date, circumstances, and
source of the order and that the CONTRACTOR regards the order as a change
order.
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B. Except as herein provided, no order, statement, or conduct of the
CONTRACTING OFFICER shall be treated as a change under this article or
entitle the CONTRACTOR to an equitable adjustment hereunder.
C. If any change under this article causes an increase or decrease in the
CONTRACTOR'S cost of, or the time required for, the performance of any part of
the work under this contract, whether or not changed by any order, an equitable
adjustment shall be made and the contract modified in writing accordingly;
provided, however, that except for claims based on defective specifications, no
claim for any change under paragraph (B.) above shall be allowed for any costs
incurred more than twenty (20) days before the CONTRACTOR gives written
notice as therein required; and provided further, that in the case of defective
specifications for which the COUNTY is responsible, the equitable adjustment
shall include any increased cost reasonably incurred by the CONTRACTOR in
attempting to comply with such defective specifications.
D. If the CONTRACTOR intends to assert a claim for an equitable adjustment under
this article, he must, within thirty (30) days after receipt of a written change order
under paragraph (A.) above or the furnishing of a written notice under paragraph
(B.) above, submit to the CONTRACTING OFFICER a written statement setting
forth the general nature and monetary extent of such claim, unless this period is
extended by the COUNTY. The statement of claim hereunder may be included in
the notice under paragraph (B.) above.
F. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be
allowed if asserted after final payment under this contract.
3. CHANGE ORDERS:
A. Additional Costs:
The cost of any change ordered in writing by the CONTRACTING OFFICER
which results in an increase in the contract price will be determined by one or the
other of the following methods, at the election of the CONTRACTING
OFFICER.
(1) On the basis of a stated lump sum price, or other consideration fixed and
agreed upon by negotiation between the CONTRACTING OFFICER and
the CONTRACTOR in advance, or if this procedure is impractical
because of the nature of the work or for any reason,
(2) On the basis of the actual necessary cost as determined by the
CONTRACTING OFFICER, plus a fixed fee to cover general supervisory
and office expense and profit. The fixed fee shall not exceed fifteen
percent (15%) of the actual necessary costs. The actual necessary cost
will include all reasonable expenditures for material, labor, and supplies
furnished by the CONTRACTOR and a reasonable allowance for the use
of his plant and equipment where required, but will in no case include any
allowance for general superintendent, office expense, or other general
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expense not directly attributable to the extra work. In addition to the
foregoing, the following will be allowed: the actual payment by the
CONTRACTOR for workmen's compensation and public liability
insurance; performance and payment bonds (if any); and all
unemployment and other social security contributions (if any) made by the
CONTRACTOR pursuant to Federal or State statutes; when such
additional payments are necessitated by such extra work. An appropriate
extension of the working time, if such be necessary, also will be fixed and
agreed upon, and stated in the written order.
B. Reduced Costs:
The cost of any change ordered in writing by the CONTRACTING OFFICER
which results in a decrease in the contract price will be determined in a manner
conformable with paragraph A.2 under Additional Costs.
4. DIFFERING SITE CONDITIONS: (NOT APPLICABLE TO RFP 14-40)
A. The CONTRACTOR shall promptly, and before such conditions are disturbed,
notify the CONTRACTING OFFICER in writing of:
(1) Subsurface or latent physical conditions at the site differing materially
from those indicated in this contract, or
(2) Unknown physical conditions at the site, of an unusual nature, differing
materially from those ordinarily encountered and generally recognized as
inhering in work of the character provided for in this contract.
The CONTRACTING OFFICER shall promptly investigate the condition(s), and
if he finds that such conditions do materially differ and cause an increase or
decrease in the CONTRACTOR'S cost of, or the time required for, performance
of any part of the work under this contract, whether or not changed as a result of
such conditions, an equitable adjustment shall be made and the contract modified
in writing accordingly.
B. No claim of the CONTRACTOR under this article shall be allowed unless the
CONTRACTOR has given the notice required in paragraph (A.) above; provided,
however, the time prescribed therefore may be extended by the County.
C. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be
allowed if asserted after final payment under this contract.
5. TERMINATION OF CONTRACT FOR CONVENIENCE:
A. The COUNTY may, by written notice to the CONTRACTOR, terminate this
contract in whole or in part at any time, either for the COUNTY'S convenience or
because of the failure of the CONTRACTOR to fulfill his obligations under this
contract.
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Upon receipt of such notice, the CONTRACTOR shall:
(1) Immediately discontinue any part or all services as directed by the County’s
authorized representative, and
(2) Deliver to the COUNTY the originals of all data, drawings, specifications,
reports, estimates, summaries and such other information and materials as
may have been accumulated by the CONTRACTOR in performing under
this contract, whether completed or in process.
B. If the termination is for the convenience of the COUNTY, an equitable
adjustment in the contract price shall be made but no amount shall be allowed for
anticipated profit on unperformed services.
C. If the termination is due to the failure of the CONTRACTOR to fulfill his
obligations under this contract, the COUNTY may take over the work and
prosecute the same to completion by contract or otherwise. In such case, the
CONTRACTOR shall be liable to the COUNTY for any additional cost
occasioned to the COUNTY.
D. If, after notice of termination for failure to fulfill obligations, it is determined that
the CONTRACTOR had not so failed, the termination shall be deemed to have
been effected for the convenience of the COUNTY. In such event, adjustment in
the contract price shall be made as provided in Paragraph B of this clause.
E. The rights and remedies of the COUNTY provided in this clause are in addition to
any other rights and remedies provided by law or under this contract.
6. TERMINATIONS FOR DEFAULT - DAMAGES FOR DELAY - TIME
EXTENSIONS: (DAMAGES FOR DELAY AND TIME EXTENSIONS NOT
APPLICABLE TO RFP 14-40)
A. If the CONTRACTOR refuses or fails to prosecute the work, or any separable
part thereof, with such diligence as will insure its completion within the time
specified in this contract, or any extension thereof, or fails to complete said work
within such time, the COUNTY may, by written notice to the CONTRACTOR,
terminate his right to proceed with the work or such part of the work as to which
there has been delay. In such event, the COUNTY may take over the work and
prosecute the same to completion, by contract or otherwise, and may take
possession of and utilize in completing the work such materials, appliances, and
plant as may be on site of the work and necessary therefore. Whether or not the
CONTRACTOR'S right to proceed with the work is terminated, he and his
sureties shall be liable for any damage to the COUNTY resulting from this refusal
or failure to complete the work within the specified time.
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B. If fixed and agreed liquidated damages are provided in the contract and if the
COUNTY so terminates the CONTRACTOR'S right to proceed, the resulting
damage will consist of such liquidated damages until such reasonable time as may
be required for final completion and acceptance of the work together with any
increased costs occasioned the COUNTY in completing the work.
C. If fixed and agreed liquidated damages are provided in the contract and if the
COUNTY does not so terminate the CONTRACTOR'S right to proceed, the
resulting damage will consist of such liquidated damages until the work is
completed and accepted.
D. The CONTRACTOR'S right to proceed shall not be so terminated nor the
CONTRACTOR charged with resulting damage if:
(1) The delay in the completion of the work arises from unforeseeable causes
beyond the control and without the fault or negligence of the
CONTRACTOR, including but not restricted to, acts of God, acts of the
COUNTY in its contractual capacity, acts of another Contractor in the
performance of a contract with the COUNTY, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, unusually severe
weather, or delays of subcontractors or supplies arising from
unforeseeable causes beyond the control and without the fault or
negligence of both the CONTRACTOR and such subcontractors or
suppliers; and
(2) The CONTRACTOR, within ten (10) days from the beginning of any such
delay (unless the CONTRACTING OFFICER grants a further period of
time before the date of final payment under the contract), notifies the
CONTRACTING OFFICER in writing of the causes of delay.
The CONTRACTING OFFICER shall ascertain the facts and the extent of
the delay and extend the time for completing the work when, in his
judgment, the findings of fact justify such an extension, and his findings of
fact shall be final and conclusive on the parties, subject only to appeal as
provided in the article of these General Provisions entitled Disputes.
E. If, after notice of termination of the CONTRACTOR'S right to proceed under the
provisions of this article, it is determined for any reason that the CONTRACTOR
was not in default under the provisions of this article, or that the delay was
excusable under the provisions of this article, the rights and obligations of the
parties shall, if the contract contains an article providing for termination for
convenience of the COUNTY, be the same as if the notice of termination had
been issued pursuant to such article. If, in the foregoing circumstances, this
contract does not contain an article providing for termination for convenience of
the COUNTY, the contract shall be equitably adjusted to compensate for such
termination and the contract modified accordingly; failure to agree to any such
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adjustment shall be a dispute concerning a question of fact within the meaning of
the article of these General Provisions entitled Disputes.
F. In the event the construction of this project is interrupted, halted or discontinued
by the order of a Court of competent jurisdiction or the order of a supervening
appropriate government authority over which the COUNTY has no control, then
in that event, it is the intention of these specifications that the COUNTY'S
liability shall be limited only to the actual value of the work already performed
and materials already purchased, with no allowance permitted for loss of profits
that would have ultimately accrued to the CONTRACTOR had the
CONTRACTOR completed the contract.
G. The rights and remedies of the COUNTY provided in this article are in addition to
any other rights and remedies provided by law or under this contract.
H. As used in Paragraph (D.1.) of this article, the term subcontractors or suppliers
means subcontractors or suppliers at any tier.
7. PAYMENTS TO CONTRACTOR: (NOT APPLICABLE TO RFP 14-40)
A. The COUNTY will pay the contract price, less all costs for overtime
superintendence and inspection, as herein-after provided.
B. The COUNTY will make progress payments monthly as the work proceeds, or at
more frequent intervals as determined by the CONTRACTING OFFICER, on
estimates approved by the CONTRACTING OFFICER. Progress payments will
be due and payable thirty (30) calendar days after the COUNTY receives an
acceptable invoice. If requested by the CONTRACTING OFFICER, the
CONTRACTOR shall furnish a breakdown of the total contract price showing the
amount included therein for each principal category of the work, in such detail as
requested, to provide a basis for determining progress payments. In the
preparation of estimates, the CONTRACTING OFFICER, at his discretion, may
authorize material delivered on the site and preparatory work done to be taken
into consideration. Material delivered to the CONTRACTOR at locations other
than the site may also be taken into consideration (1) if such consideration is
specifically authorized by the contract and (2) if the CONTRACTOR furnishes
satisfactory evidence that he has acquired title to such material and that it will be
utilized on the work covered by this contract. Such payments shall be conditioned
upon submission by the CONTRACTOR of bills of sale or such other procedures
satisfactory to the COUNTY to establish the COUNTY'S title to such materials or
equipment or otherwise protect the COUNTY'S interest, including applicable
insurance and transportation to the site.
C. All material and work covered by progress payments made shall thereupon
become the sole property of the COUNTY but this provision shall not be
construed as relieving the CONTRACTOR from sole responsibility for all
material and work upon which payments have been made or the restoration of any
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damaged work, or as waiving the right of the COUNTY to require the fulfillment
of all of the terms of the contract.
8. MATERIAL AND WORKMANSHIP:
All work under this contract shall be performed in a skillful and workmanlike manner.
The CONTRACTING OFFICER may, in writing require the CONTRACTOR to remove
from the work any employee the CONTRACTING OFFICER deems incompetent,
careless, or otherwise objectionable.
9. SUPERINTENDENCY BY CONTRACTOR:
The CONTRACTOR shall give his personal superintendence to the work or have a
competent foreman or superintendent, satisfactory to the CONTRACTING OFFICER, on
the work at all times during progress, with authority to act for him.
10. PERMITS AND RESPONSIBILITIES:
The CONTRACTOR shall, without additional expense to the COUNTY, be responsible
for obtaining any necessary licenses and permits, and for complying with any applicable
Federal, State, and Municipal laws, codes, and regulations in connection with the
prosecution of the work. He shall be similarly responsible for all damages to persons or
property that occurs as a result of his fault or negligence. He shall take proper safety and
health precautions to protect the work, the workers, the public, and the property of others.
He shall also be responsible for all materials delivered and work performed until
completion and acceptance of the entire construction work, except for any complete unit
of construction thereof which theretofore may have been accepted.
11. CONDITIONS AFFECTING THE WORK:
The CONTRACTOR shall be responsible for having taken steps reasonably necessary to
ascertain the nature and location of the work, and the general and local conditions which
can affect the work or the cost thereof. Any failure by the CONTRACTOR to do so will
not relieve him from responsibility for successfully performing the work without
additional expense to the COUNTY. The COUNTY assumes no responsibility for any
understanding or representations concerning conditions made by any of its officers or
agents prior to the execution of this contract, unless such understanding or
representations by the COUNTY are expressly stated in the contract.
12. OTHER CONTRACTS:
The COUNTY may undertake or award other contracts for additional work excluded
from this contract, and the CONTRACTOR shall fully cooperate with such other
Contractors and COUNTY employees and carefully fit his own work to such additional
work as may be directed by the CONTRACTING OFFICER. The COUNTY'S separate
contractors will coordinate their work with the CONTRACTOR. The CONTRACTOR
shall not commit or permit any act which will interfere with the performance of work by
any other CONTRACTOR or by employees.
13. PATENT INDEMNITY:
Except as otherwise provided, the CONTRACTOR agrees to indemnify the COUNTY
and its officers, agents, and employees against liability, including costs and expenses, for
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infringement upon any Letters, Patents of the United States arising out of the
performance of this contract or out of the use or disposal by or for the account of the
COUNTY of supplies furnished or construction work performed hereunder.
14. COVENANT AGAINST CONTINGENT FEES:
The CONTRACTOR warrants that no person or selling agency has been employed or
retained to solicit or secure this contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the CONTRACTOR
for the purpose of securing business. For breach or violation of this warranty the
COUNTY shall have the right to annul this contract without liability or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of
such commission, percentage, brokerage, or contingent fee.
15. EQUAL OPPORTUNITY:
During the performance of this contract, the CONTRACTOR agrees as follows:
A. The CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
CONTRACTOR will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, religion, sex, or national origin. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates or pay or other
forms of compensation; and selection for training, including apprenticeship.
B. The CONTRACTOR will, in all solicitations or advertisements for employees
placed by or on behalf of the CONTRACTOR, state that all qualified applicants
will receive consideration for employment without regard to race, color, religion,
sex, or national origin.
C. The CONTRACTOR will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the CONTRACTING OFFICER
advising the labor union or worker's representative of the CONTRACTOR'S
commitments under this Equal Opportunity article, and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
D. In the event of the CONTRACTOR'S noncompliance with the Equal Opportunity
article of this contract or with any of the said rules, regulations, or orders, this
contract may be cancelled, terminated, or suspended, in whole or in part.
16. SUSPENSION OF WORK:
A. The CONTRACTING OFFICER may order the CONTRACTOR in writing to
suspend, delay, or interrupt all or any part of the work for such period of time as
he may determine to be appropriate for the convenience of the public.
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B. If the performance of all or any part of the work is, for an unreasonable period of
time, suspended, delayed, or interrupted by an act of the CONTRACTING
OFFICER in the administration of this contract, or by his failure to act within the
time specified in this contract (or, if no time is specified, within a reasonable
time), an adjustment shall be made for any increase in the cost of performance of
this contract (excluding profit) necessarily caused by such unreasonable
suspension, delay, or interruption and the contract modified in writing
accordingly. However, no adjustment shall be made under this article for any
suspension, delay, or interruption to the extent (1) that performance would have
been so suspended, delayed, or interrupted by any other cause, including the fault
or negligence of the CONTRACTOR or (2) for which an equitable adjustment is
provided for or excluded under any other provision of this contract.
C. No claim under this article shall be allowed (1) for any costs incurred more than
twenty (20) days before the CONTRACTOR shall have notified the
CONTRACTING OFFICER in writing of the act or failure to act involved (but
this requirement shall not apply as to a claim resulting from a suspension order),
and (2) unless the claim, in an amount stated, is asserted in writing as soon as
practicable after the termination of such suspension, delay, or interruption, but not
later than the date of final payment under the contract.
17. SUBCONTRACTORS:
Subsequent to the award, the CONTRACTOR shall, submit for approval a complete list
of subcontractors who will be engaged by him in the execution of the work. After the list
of subcontractors has been approved, no changes shall be made in it without the
permission and approval of the CONTRACTING OFFICER. The CONTRACTING
OFFICER will, however, permit the CONTRACTOR to take the work out of the hands of
any or all of the subcontractors and complete it himself if for any reason it becomes
necessary or desirable for him to do so. That portion of the specifications beginning with
the CONSTRUCTION SPECIFICATIONS, if included in these documents, is arranged
for editorial convenience only, the divisions thereof are not to be construed in the whole
as the complete representation of the work, nor individually as authorization or approval
by the COUNTY to subdivide the CONTRACTOR'S responsibilities into subcontracts
related to such division. Nothing contained in the contract documents shall create any
contractual relationship between any subcontractor and the COUNTY.
18. FAIR TREATMENT OF SUBCONTRACTORS AND VENDORS:
The CONTRACTOR must make payment to any sub-contractor or vendor within 15
business days of receiving payment from the County for a Contractor invoice submitted
to the County that billed for services or commodities provided by that sub-contractor or
vendor. Contractors may not impose retainage rates upon sub-contractors that are higher
than those imposed upon the Contractor by the County.
19. SPECIFICATIONS, STANDARDS, AND FORMS: (NOT APPLICABLE TO RFP 14-
40)
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Specifications and also standards of associations, societies, and laboratories referred to in
these specifications shall become a part of this contract and shall be considered as though
incorporated herein. The latest edition or amendment of supplement thereto in effect on
the latest bid invitation shall apply. Standards of associations, societies, and laboratories
referred to in the specifications may be obtained directly from such organizations.
The COUNTY shall not be responsible for furnishing any drawing, specification, or
published material not specifically identified in the Special Provisions of these
specifications.
20. WORKING HOURS PER DAY: (NOT APPLICABLE TO RFP 14-40)
The normal number of working hours per day on this contract will be limited to eight (8),
unless otherwise authorized by the CONTRACTING OFFICER.
21. SATURDAYS, SUNDAYS, HOLIDAYS, AND NIGHT WORK: (NOT APPLICABLE
TO RFP 14-40)
The CONTRACTOR will not be permitted to do any work which requires the services of
the COUNTY'S inspection supervisory forces on Saturdays, Sundays, or holidays unless
otherwise authorized by the CONTRACTING OFFICER in writing. However, the
CONTRACTOR, with verbal permission of the CONTRACTING OFFICER, may be
permitted to perform on Saturdays and holidays, clean-up and such other items for which
no specific payment are involved. In cases of bona fide emergencies, sound judgment
shall be exercised.
22. CONTRACTOR RESPONSIBLE FOR OVERTIME COST: (NOT APPLICABLE TO
RFP 14-40)
In cases where the CONTRACTOR desires to work in excess of the normal number of
working hours per day and/or on designated COUNTY holidays, Saturdays, or Sundays,
the CONTRACTOR shall submit such requests in writing to the CONTRACTOR at least
three (3) days in advance of the requested extended working hour period. The
CONTRACTOR shall include with the request the specific tasks or operations to be
performed during the proposed period of extended working hours. The CONTRACTOR
shall be responsible for all costs incurred by the COUNTY in providing superintendence
and inspection services to accommodate the CONTRACTOR in working extended hours
including premium time, quality control testing, per diem, and miscellaneous expenses.
The COUNTY shall, with documentation, deduct the said monies for superintendence
and inspection of the CONTRACTOR's work outside the normal working hours from
payments due the CONTRACTOR. Said requested deductions shall not constitute a
change or change order to the contract. The CONTRACTOR expressly agrees to the
deductions from payments due in accordance with the following fee schedule for those
services as deemed necessary by the COUNTY:
COUNTY Staff ................... Actual Cost of Staff
Miscellaneous........................Actual Cost of Staff
Other ................................... Actual Cost of Staff
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II-12
23. EMERGENCY WORK: (NOT APPLICABLE TO RFP 14-40)
In case of an emergency, when work requiring supervision by the COUNTY or the
CONTRACTOR is to be performed on Saturdays, Sundays, holidays or for longer than
eight (8) hours per day, the CONTRACTOR shall request permission of the
CONTRACTING OFFICER to do so. If, in the opinion of the CONTRACTING
OFFICER, the emergency is bona fide, he will grant permission to the CONTRACTOR
to work such hours as may be necessary. Also if, in the opinion of the CONTRACTING
OFFICER, a bona fide emergency exists, he may direct the CONTRACTOR to work
such hours as may be necessary whether the CONTRACTOR requests permission to do
so or not.
24. OPERATING AND RESTORATION: (NOT APPLICABLE TO RFP 14-40)
The CONTRACTOR shall so conduct his operation as not to interfere with or endanger
the ordinary use of existing structures, roads, utilities, and other facilities. The
CONTRACTOR shall provide and maintain all temporary roadways which may be
authorized and all control and safety devices necessary to maintain traffic, safety and the
optimum normal use thereof. Equipment, operations, and materials shall be confined to
the limits defined by the CONTRACTING OFFICER.
The site of the work and facilities required to be constructed under the contract shall be
maintained in a clean, orderly, and safe condition. Rubbish, surplus materials, and excess
equipment shall not be permitted to accumulate during the progress of the work.
After each facility is completed and after all the work under the contract has been
completed, the structure, facility, temporary facilities, barricades, toilets, and all the
premises shall be left clean and in a condition satisfactory to the CONTRACTING
OFFICER.
The CONTRACTOR shall restore at his expense any damage to any property, including
damage to trees, shrubs, ground cover, and other vegetation, and the CONTRACTOR
shall save and hold the COUNTY free from all claims for damages or injury to all
persons or property caused or alleged to have been caused by the CONTRACTOR, his
agents, employees, workmen, and subcontractors in the execution of this contract.
25. WORK STOPPAGE BY THE COUNTY: (NOT APPLICABLE TO RFP 14-40)
The CONTRACTING OFFICER, by issuance of a stop work order, may direct the
CONTRACTOR to suspend any work that may be subject to damage because of weather
conditions.
26. SAFETY AND HEALTH:
The CONTRACTOR shall conduct his operations, including those involving machinery
and self-propelled vehicles and equipment in order to protect the lives and health of
employees and other persons; prevent damage to property, materials, supplies, and
equipment; and to avoid work interruptions; and the CONTRACTOR shall, in the
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performance of this contract, comply with the applicable provisions of Federal, State and
Municipal safety, health and sanitation laws and codes, and shall otherwise furnish and
employ such additional safeguards, safety devices, protective equipment and measures,
and fire preventive and suppressive measures and equipment as shall be necessary for the
protection of property and for the life and health of personnel. The CONTRACTOR
shall, after receipt of notice of deficiencies, immediately correct the conditions to which
attention has been directed. Such notice when served on the CONTRACTOR or his
representative at the site of work shall be deemed sufficient.
If the CONTRACTOR fails or refuses to comply promptly with requirements, the
CONTRACTING OFFICER may issue an order to suspend all or any part of the work.
When satisfactory corrective action is taken, an order to resume work will be issued. No
part of the time lost due to any such suspension order shall entitle the CONTRACTOR to
any extension of time for the performance of the contract or to excess costs or damages.
The CONTRACTOR shall maintain an accurate record of and shall report to the
CONTRACTING OFFICER in the manner and on the form prescribed by the
CONTRACTING OFFICER, all cases of death, occupational disease or traumatic injury
requiring medical attention or causing loss of time from work, or loss of or damage to
property of the CONTRACTOR, the public, or the COUNTY arising out of or in the
course of fires or employment incident to performance of work under this contract.
27. INSURANCE:
A. Workman’s Compensation:
Prior to executing the CONTRACT, the CONTRACTOR shall furnish
compensation insurance for employees engaged in this work, shall comply with
the Workmen's Compensation Laws of the State of Maryland and shall give proof
of such insurance satisfactory to the CONTRACTING OFFICER.
B. Liability:
Insurance provided shall be in accordance with
PART I, SECTION 6.4.
28. ADVERTISING: (NOT APPLICABLE TO RFP 14-40)
No signs or advertisements shall be displayed on the work site except with the prior
approval of the CONTRACTING OFFICER.
29. FEDERAL, STATE, AND LOCAL TAXES:
Except as may be otherwise provided in this contract, the contract price includes all
applicable Federal, State, and Local taxes, and duties.
30. INSPECTION AND ACCEPTANCE OF WORK:
All work on improvements shall be subject to inspection by the CONTRACTING
OFFICER during and upon completion of construction and to approval and acceptance by
such representative on behalf of the COUNTY, if said work is found to be in accordance
with the CONTRACT.
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When all work comprised in this contract has been completed, including cleanup and
restoration, the CONTRACTOR shall so notify the CONTRACTING OFFICER in
writing; the CONTRACTING OFFICER will then make a final inspection. When
defects, errors, and omissions disclosed by the final inspection have been corrected,
acceptance will be given in writing, but until such acceptance, the CONTRACTOR shall
be responsible for the work covered by this contract.
31. ERRORS AND OMISSIONS:
The CONTRACTOR shall, immediately upon his discovery of any statement or detail
which is discrepant or which otherwise appears to be in error, bring the same to the
attention of the CONTRACTING OFFICER for decision or correction. Full instructions
will always be given if such error or omission is discovered.
32. INTENT OF SPECIFICATIONS:
It is the spirit and intent of these documents, specifications, and of any drawings forming
part of them, to provide that the work and all parts thereof shall be fully completed and
suitable in every way for the purpose for which designed, and that all parts of the work
shall be of a quality be of a quality comparable and consistent with the general quality of
the facility being constructed. The CONTRACTOR shall supply all materials and do all
work which reasonably may be implied as being incidental to the work of this contract.
33. DISPUTES:
A. Except as otherwise provided in this contract, any dispute concerning a question
of fact arising under this contract which is not disposed of by agreement shall be
decided by the CONTRACTING OFFICER who shall reduce his decision to
writing and mail or otherwise furnish a copy thereof to the CONTRACTOR.
The decision of the CONTRACTING OFFICER shall be final and conclusive
unless, within thirty (30) days from the date of receipt of such copy, the
CONTRACTOR mails or otherwise furnishes to the CONTRACTING OFFICER
a written appeal addressed to the COUNTY. The decision of the COUNTY for
determination of such appeals shall be final and conclusive. In connection with
any appeal proceeding under this article, the CONTRACTOR shall be afforded an
opportunity to be heard and to offer evidence in support of his appeal. Pending
final decision of a dispute hereunder, the CONTRACTOR shall proceed diligently
with the performance of the contract and in accordance with the CONTRACTING
OFFICER'S decision.
B. This DISPUTES article does not preclude consideration of questions of law in
connection with decisions provided for in Paragraph A above. Nothing in this
contract, however, shall be construed as making final the decision of any
administrative, official, representative, or board on a question of law.
34. COMPLIANCE WITH FEDERAL EMPLOYMENT REGULATIONS:
A. Federal law requires that employers must verify that an individual whom they
plan to employ or continue to employ in the United States is authorized to accept
employment in the United States.
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B. By submitting a bid/proposal in response to this solicitation, the
Proposer/Contractor certifies that no person will be employed on this project in
any manner, including sub-contractors and suppliers, that is not eligible to work in
the United States, or whose employment is in violation of State or federal law.
The Contractor has sole responsible for compliance with this requirement.
C. Violation of this requirement may result in termination of the Contract, a penalty
of $1,000 per day or occurrence, whichever is higher, and/or reporting of the
violation to the appropriate authorities.
* * * * * END OF GENERAL PROVISIONS * * * * *
Economic Development Website Re-Design RFP#14-40
PART III - SCOPE OF WORK
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III-1
1.0 GENERAL
The Charles County, Maryland Government’s Department of Economic Development (EDD) is
seeking proposals for creative/graphic design services and the redesign and development of a
new economic development website. EDD is looking for a firm with the capabilities to provide
comprehensive creative and technical services to develop, design, and maintain a non-proprietary
database driven website and Content Management System (CMS) in support of the County’s
economic development functions. The current website domain utilized by EDD is
www.MeetCharlesCounty.com.
EDD’s primary mission is to expand the local tax base and increase employment opportunities
for local residents through the attraction and retention of high quality, growth-oriented
companies. In late 2013, Charles County EDD commissioned an economic development
marketing firm to produce a marketing strategy and plan to effectively promote Charles County
as a top-notch location for business. In addition, the consultants were asked to review the current
EDD website, collateral promotional materials, and marketing outreach efforts, and make
specific recommendations for improvement of those elements in order to successfully execute
the developed marketing strategy. This marketing strategy and plan will be completed in April of
2014 and its recommendations will be provided to the chosen vendor by EDD for its utilization
in both the creative and website redevelopment phases.
2.0 PROJECT GOALS
In our efforts to effectively market and promote Charles County to prospective and expanding
businesses, EDD strives to convey a professional and appealing image as an innovative and
progressive business community and economic development department. It is therefore essential
that the graphic elements utilized on its website and in collateral materials, including an updated
logo and tagline if appropriate, effectively communicate the unique selling proposition of
Charles County, MD and EDD. Additionally, the creative elements, logo, and tagline should be
fully integrated into a sophisticated and current economic development website that effectively
interacts with external audiences of site selectors, prospective businesses seeking to relocate,
local businesses seeking to expand or access resources, and other target audiences as identified in
the referenced Marketing Strategy and Plan, as well as audiences of local and internal
stakeholders.
3.0 PROJECT DETAILS
EDD staff is anticipating that there will be ongoing, back and forth discussions between the
selected vendor and EDD staff during the project regarding the graphic elements, overall website
design, operation, and content. The design, development, and copy writing processes should be
flexible with opportunities for frequent reviews and response by EDD staff.
The project is broken down into the components below:
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III-2
3.1 Phase One: Creative Development
3.1.1 Graphic and Creative Elements
a. Utilizing the brand narrative and findings from the market research study, develop a
tagline, logo, and graphic elements that effectively convey the county’s unique selling
proposition as a top-notch location for businesses
b. Vendor will create at least three original logos/taglines for review and selection
c. Vendor shall test at least three messages and proposed creative elements among the
business community
d. Coordinate development of graphic elements with EDD staff
3.1.2 Administrative Communication and Marketing Package
a. Utilizing chosen logo and tagline, as well as the recommendations from the
aforementioned marketing strategy recommendations provided by EDD, create an
administrative communication and marketing package for use as a departmental style
guide.
b. Include colors, fonts, name, logo, tagline, and any related phrases, graphics, and
templates for fact sheets, e-newsletters, PowerPoint presentations, and other similar
items.
3.1.3 All art and collateral must be provided in high-resolution .jpg and vector formats
3.2 Phase Two: Website Development
3.2.1 Site Design
3.2.2 Vendor will propose a navigational layout for the entire website
a. Site design must take into consideration items listed in Site Design section below. The
website must have a consistent look and feel, including color scheme and graphic
elements, to unify the website based on results of branding phase and discussions with
EDD staff.
b. The County will sign-off on the design navigation before the vendor proceeds with
actual development
3.2.3 Site Development
a. Install and configure the website CMS software.
b. Develop the website based on the signed-off design (see Site Design above).
3.2.4 Training
a. Provide CMS and Analytics training to EDD and IT staff.
b. Provide either hard copy or electronic users’ manuals for CMS.
Economic Development Website Redesign RFP#14-40
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3.2.5 Copy Writing
a. The vendor will recommend, compose, and update the content for the initial roll out of
the website.
b. EDD staff will provide support, background, local information, and guidance for copy
writing.
c. Content should be geared toward target audiences, with correct spelling and appropriate
grammar rules applied.
d. Vendor will have ongoing discussions with EDD staff regarding content during copy
writing process.
3.2.6 Implementation - Vendor will ensure that the website is fully operational, without
problems or broken links and all content is completed.
3.2.7 Go Live
a. The County will sign-off on the operational website when satisfied with design,
operation, and content.
b. Sign-off date will signify the “go live” date.
c. Vendor shall recommend tactics to promote and shall facilitate a web site launch.
3.2.8 One Year Support
a. Provide one (1) year of website support from the “go live” date, at no additional cost.
b. Live help desk support must be available Monday through Friday between the hours of
8:00am and 5:00pm EST.
c. Support must include a minimum of 30 remote and/or onsite hours specifically devoted
to creating new web pages or additional functionality.
d. The vendor must supply a technical account contact for Charles County to facilitate
management of the website.
e. Provide problem escalation mechanism.
4.0 OWNERSHIP
The design and content of the EDD website, the program source code for the site, and all
intellectual property arising out of this Contract will remain the sole property of Charles County
Government. The design of all graphic elements including the logo and tagline will also remain
the sole property of Charles County Government.
5.0 SITE DESIGN
The following section details the initial ideas for the design of the EDD website. These
guidelines should be adhered to but EDD welcomes other concepts or ideas in regard to the
design. Additionally Charles County is willing to eliminate elements that can be shown to be
impractical or unnecessarily expensive.
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5.1 The design of the new website should meet the following objectives:
a. Establish an impressive Internet presence in the area of Economic Development
websites, with a progressive, attractive, technologically savvy, and world class design.
b. Provide a location for existing Charles County businesses and potential Charles County
businesses to access information about available properties, resources, and tools
available to assist them.
c. Experience high ranking on major search engines.
d. Provide target audiences with economic and demographic information.
e. Provide EDD with a means to communicate with visitors via blogs, various forms of
electronic media, surveys and social media.
5.2 Listed below is a summary of the functionality and features desired for the new
EDD website.
Item Title Description
Website Design and Functionality
1. Responsive Site
The website will be designed to be fully responsive and
adhere to modern web design standards and provide an
optimal viewing experience – easy reading and navigate with
a minimum of resizing, panning and scrolling – across a wide
range of devices (from mobile phones to desktop computer
monitors)
2. Response time
Site must be optimized for quick page loading. Graphic and
other large files types provided with the site should be
designed with simplicity to allow for quickest loading.
3. Page navigation
Site must provide user-friendly navigation and be intuitive,
easy to read and understand. Navigation will be prominent,
logical, require minimal scrolling and provide quick access to
information. Cross-referenced information should be hyper-
linked from page to page within the website. All links on
pages must have descriptive link text. Pages should include
breadcrumbs.
4. ADA compliant
Site will be ADA compliant, at minimum meeting priority
one checkpoints of the Web Content Accessibility
Guidelines.
5. Internal search engine
Site will contain powerful search capabilities to help visitors
easily find relevant information on the site. Searches must
include all content types, including text, videos, audio, etc.
6. External search engines
Must incorporate techniques to ensure keyword and phrase
searches result in dominant positions on first page of popular
search engines (Google, Yahoo and Bing) results.
7. Appeal
Site must be designed to be visually pleasing to visitors and
appropriate to targeted audiences. Site will enhance user’s
overall visit with inclusion of video, slide shows, images,
sound, etc. as appropriate. Page design must be consistent
throughout the site.
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Item Title Description
8. Content Management System
(CMS)
Web based, secured CMS will be provided whereby site
content is easily maintained and managed by both non-
technical EDD staff and vendor. No specialized software
(FrontPage, Dreamweaver, etc.) is to be required. CMS must
provide user security with multiple levels of access/approval.
CMS will include, at a minimum:
- Ability to upload/modify documents and photos
- Ability to add, maintain and delete pages and content
- Ability to add, maintain and delete microsites
- Template creation
- Easy to use editor
- Versioning
- Content scheduling
The proposed CMS software must currently be in use in a
wide variety of industries/government entities. The
responding vendor must have prior experience with the CMS.
9. Utilize current technology/IT
trends
Site will be maintained and updated by vendor to stay abreast
of current IT technology pertaining to web site design and/or
economic development IT trends.
10. Printing
Site must display information clearly and facilitate printing of
information using standard printers. Site must allow users to
print using printer-friendly formats.
11. E-mail this page Site will include functionality to e-mail any web page.
12. Browser compatibility
Site must be compatible with current versions of all major
browsers, including IE, Chrome, Firefox, Safari, etc., while
still providing for graceful capabilities for older versions. Site
must work consistently across browsers on Windows, Linux
and Mac computer systems. Specify browsers, platforms and
versions of each supported.
13. Mobile Design should be capable of aesthetic rendering on mobile
devices and tablets without loss of functionality.
14. Multi-Lingual
Site will provide options to translate from English to various
languages. Specify tool utilized and language translations
available.
15. Website metrics
Must include a nonproprietary tool for website metrics to
provide exceptional traffic analytics. Training on use of
analytics must be included. Metrics must include analysis of
search terms. Specify metrics included and tool/software
utilized.
16. Error handling
Site should provide user-friendly error handling for 404 and
system errors. Error information should relay to Webmaster.
If a user clicks on a broken link, notification should be
emailed to point of contact in EDD.
17. Upload Ability
Throughout the site, the ability must exist for EDD staff to
upload videos, sound clips, images and publications which
can be viewed by the public. Visitors shall have ability to
download publications
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Item Title Description
Website Features
18. Form creation tools
Include functionality for EDD staff to create forms which will
smoothly integrate into the website. These website forms
will allow for completion and submittal by visitors. For
example, ability to create and post surveys, collect responses,
compile data and produce reports from the compiled data.
19. Employment Classified feature
Site should include an Employment Classified feature which
would allow registered County businesses to promote
approved employment opportunities to the EDD website and
allow individuals to search those opportunities. Please see
Calvert County MD site for
example of functionality:
http://www.co.cal.md.us/index.aspx?NID=963
20. Content update notification Site will allow visitors to sign up to be notified when the site
content changes (via e-mail or RSS).
21. EDD sections
Site must be designed to incorporate various sections in a
visually appealing manner. Examples of sections could
include:
About Us
Available Properties
Charles County Advantages
Data & Maps
Locating Here (incentives, workforce training, etc.)
News & Announcements
County Industry Information
Business Resources
Quality of Life
Upcoming Events List and Information
Contact/Connect With Us
With the input of EDD staff, vendor will recommend and
develop the content, sections, and navigation for the most
effective site and website design. Sections should allow EDD
staff to easily maintain the information which appears in
these sections as well as “feature” certain items in a section.
22. Integrate with Zoom
Prospector/GIS Planning site
Site must include a smooth integration with the County’s
Zoom Prospector site which provides available properties,
businesses, demographics, etc.
23. Social media integration
Site shall integrate with common social networking
applications such as LinkedIn, Twitter, YouTube, Facebook,
and Flickr accounts and will offer immediate connection
opportunities such as “Like us on Facebook now” and “Join
us on Linked In now.”
24. User database
Site will provide ability to gather e-mail addresses, areas of
interest and demographic information from visitors into
database to be used to compile mailing lists and for marketing
research purposes.
25. Microsite Ability to easily add microsites and maintain the pages within
the site
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Item Title Description
26. Blog Ability to create various blogs.
27. Home page image rotation Home page must feature a prominent rotating image display
which is maintainable via the CMS.
28. Contact Us
List of EDD members and staff including contact information
Similar to the Our Team page on this website
http://columbusregion.com/Columbus2020/Our-Team.aspx
29. Data Center
Site must include ability to establish a data center where
various data sets can be consolidated. Please see examples
we find appealing:
http://www.indypartnership.com/News_and_Media-
Downloads.aspx
http://columbusregion.com/Data-Reports.aspx
Vendor shall develop and compile appropriate data to support
and convey the County’s unique selling proposition as needed
for this and other sections. Vendor will verify and coordinate
with Charles County EDD the specific sources of data to be
utilized and shall collaborate regarding specific data sets.
EDD will provide vendor with any and all data it already has
available, but vendor shall be responsible for compiling the
final product and verifying accuracy of this content.
30. Link to Constant Contact
EDD newsletters are currently distributed through Constant
Contact. Site must have graphic link to Charles County
Constant Contact site as well as location for archival of past
e-newsletters.
31. PDF Report Creation
Site should include ability to select from a list of reports to
create one PDF combining all reports. Please see Greater
Richmond, VA site for example:
http://www.grpva.com/data-and-downloads/custom-report-
builder/.
********END OF SCOPE OF WORK********
Economic Development Website Re-Design RFP#14-40
APPENDICES
Economic Development Website Redesign RFP#14-40
APP-1
APPENDIX A
CHARLES COUNTY COMPUTING ENVIRONMENT
Charles County Government Information Technology Division supports a wide variety of Computer
Technologies in support mission critical services. The IT staff supports traditional local government
missions with leading edge technologies that converge on our Institutional Network (I-Net). This
document provides information about the county’s computing environment, intranet/internet presence
and cyber system security.
Network Environment The county’s network architecture encompasses Local Area Networks (LAN's), Wireless Networks, and
the I-Net. Local Area Network specific hardware includes network hubs, switches, PCs/Laptops,
network printers/plotters, application servers, file servers, web servers and an IBM i5 midrange system.
As of 2014, we service over 570 users, over 630 PCs, over 150 Laptops, over 60 Tablets and over 650 IP
Telephones. Our servers run mainly Windows 2008 R2 and are both physical and virtual. We have over
120 servers and approximately half of those are virtual servers running on MS Hyper-V.
We design, configure, manage, and troubleshoot the county wireless network. This includes the local
access 802.11ac WiFi systems, the point to point Microwave WiFi systems, the 800 MHz tower data
network (TDN), and the back-haul 4G LTE data metrics system.
The I-Net (Institutional Network) is the county's Wide Area Network (WAN) and consists of over 130
sites through-out the county. IT staff are responsible for the maintenance and continued build-out of the
I-Net. Specific hardware includes network switches, media converters, routers, cable modems, VPN
Hardware Clients, CWDM Muxes, and Firewalls.
Network infrastructure services include Microsoft Active Directory (for Directory Services), internal
email routing, file and application access, an Electronic Document/Records Management System,
LAN/WAN connectivity, Cable Television Services, and web oriented services including HTTP/HTTPS
browsing, Proxy/Web Filtering, FTP services, DNS, website support, and SMTP/POP3 e-mail. Network
applications included are e-mail (GroupWise/Brightmail), O/S’s (Linux, MS 2008 R2 or later) Desktop
Management (ZenWorks/Patch Management) and Database Application support (Apache/Tomcat).
Data/Voice/Video Communications is provisioned and maintained by the IT staff.
We provide back-end support and configuration of telecommunications systems including the VoIP
telephone system, Telco Key Systems, and fax & efax data transport systems. We support traditional
Cell Feature Phones, Smart Phones using Blackberry Enterprise Server, and various BYOD devices via
a unified Mobile Device Management system. We provide Network Video Services throughout the
county government. These services include Video Surveillance on over 60 IP Video Cameras, Video
Conferencing via Cisco’s Tandberg H.323 IP conferencing, and support for the county’s PEG TV station
(CCGTV). CCGTV support services include support for HD Video Cameras, HF Audio system, Non-
linear Real-Time Video editing system, Video Scheduling/Play Back system, Video Server Storage
system, Real-Time Web Streaming Video system and Video Captioning system.
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APP-2
County’s standard IT computing environment Charles County Government has a highly standardized computing environment. All new applications
must be capable of operating in this standard computing environment.
Servers
Hardware: HP DL360
O/S: Windows 2008 R2 or later and Linux OES 10
Hardware: HP laser printer, HP MFPs, HP Large Format
Software: Universal Driver latest revision
Desktop
Hardware: HP desktop and HP workstations (5 year replacement cycle)
O/S: Windows 7 Professional
Laptop
Hardware: HP Laptop and Lenovo Hybrid
O/S: Windows 7 Professional and Windows 8.1 Professional
Tablet
Hardware: Apple iPad and Panasonic Toughpad
Software: iOS and Windows 8.1 Professional
Database Engine: SQL Server 2008 or later , MySQL version 5.6
Reporting Tool: Crystal Reports 2011 or later
Internet Browser: IE 8.0 or Higher
E-mail: GroupWise 2012
Antivirus: Symantec Enterprise Protection
Web Servers: Apache Tomcat 7 or Higher, Microsoft IIS 7.0 or Higher
Office Suite: Microsoft Office 2007 or later
GIS: ESRI software products.
Data Replication
Software: Symantec NetBackup
Media: LTO5
Policy: System: Differential from Mon – Thu; Full on Friday
Database: Cold Backup At least Once a Week
Remote Desktop Management / Software Deployment Tool: ZEN CMS
Communication Devices: CISCO Switches, Routers and Access Points
Security Software: Barracuda Web Filter; CISCO ASA VPN Appliance; Brightmail
Cyber System Security
IT staff employ the necessary tools and use best practices to ensure security and availability of the data
and systems. Charles County Government requires all new employees to participate in an IT Security
Policy training session and sign the policy before using/accessing any CCG computer. Data Encryption
is enforced by our SSL connections and our VPN appliances. IT uses Cisco’s Prime LAN Management
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APP-3
Solution (LIMS) 4.2 for security compliance and system monitoring. IT maintains a security patch
management policy to ensure that security patches are delivered to all county computers. IT enforces
the patch management policy with Microsoft’s Windows Server Update Services (WSUS). IT employs
multiple CA certificates both internal and external. Comodo Group provides external CAs for our
public facing security authentication. Our internal CA is provided by our MS AD root CA. All servers
and PCs are issued a certificate from this CA. All AD users have the capability of requesting a cert from
this CA, for email (S/MIME), file encryption, and code signing purposes. There are also Self Signed
Certs for internal application use only. Govolutions CA is used for all our credit card payments
applications.
County’s network connects to the Internet through a firewall. All publicly accessible web servers reside
on a section of the network identified as the DMZ. Internet users have restricted access to the web
servers only via HTTP/HTTPS protocol. FTP access is provided if required for an approved function.
No access allowed directly from the Internet to the internal network. IT staff perform on-going internal
network penetration testing using a suite of Linux tools such as Nmap, Wireshark and Hydra.
A server in DMZ may establish a point-to-point connection to an Application on the internal network if
required to perform an approved function. Any DMZ server required to communicate with a database
server in the internal network should do so through a proxy configured for a non-standard port. Under no
circumstances will a server on the DMZ have the ability to initiate a conversation with a workstation on
the internal network. Also DMZ servers are not allowed to connect out to the Internet via HTTP and
FTP protocol. Any other access will be provided only if it is required for an approved function and does
not compromise the security of the county’s Computing Environment.
Application Security
County proposes to follow three-tiered structure for web-enabled systems that are accessible from the
Internet. These systems will host their web pages on a web server while the application and databases
will reside on different server(s). This configuration promotes maintainability and is desired on all new
systems being evaluated for the County. This also allows the web server to be placed in DMZ with the
Application and database servers on the internal network for enhanced security. Internal web servers
reside on the internal network.
In addition, all web servers should have their systems configured to disable all non-essential
functionalities (SMTP, SNMP, FTP). County has a process to update all servers with the latest security
patches to enhance security. The application vendors should adhere to the industry practice of
compliance to the latest version of system software levels to ensure maximum security to information
and services provided by the County.
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APP-4
APPENDIX B
SITE DESIGN COMPONENTS
Published separately, as a Word document and available
on the Charles County Bid Board, under RFP 14-40