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Req s (“RFP”) For...Proposal For and Vul ued by th ent of F logy and FP Publish re-Propos ast...

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Transcript
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    Page 1 of 58

  • Page 2 of 58

    Pre-Proposal Conference A pre-proposal conference will be held at Division of Information Technology & Services, 205

    St. Clair, Cleveland, 44113, Rm 306, on Friday, October 11th, 2019 at 10:00 AM EST.

    Interested parties may ask questions or seek clarification pertaining to this RFP and the

    services desired. For security reasons, those planning to attend the pre-proposal conference

    must register by email to [email protected] or 216-664-7015. When registering, it

    will be necessary to provide the names of all attendees. Interested parties also have the

    option of participating via teleconference. Details of the teleconference session will be sent to

    all registered attendees.

    Addendum to the RFP The last day for submission of questions with regards to the RFP is Friday, October 18th, 2019, at 5:00 PM EST. An addendum to the RFP will be published on the City’s website

    Wednesday, October 23rd, 2019.

    Submitting Proposals Each firm must submit two (2) complete copies of their technical proposal and fee proposal in

    hard copy, a copy of the technical and fee proposal on a DVD, or Flash Drive to the

    undersigned no later than 5:00 p.m. EST on Thursday, October 31st, 2019. No proposals

    will be accepted after that date and time unless the City extends the deadline by a written

    addendum.

    The technical and fee proposals should be packaged in separate sealed envelopes, marked

    appropriately on the outside and, if possible, enclosed in one package, These may be mailed

    or delivered to the address below and must be clearly identified on the outside of the

    envelope(s) as:

    Proposal: Network Security Audit and Vulnerability Assessment City of Cleveland

    Division of Information Technology & Service

    Attn: Tiearra Hayes, Project Manager

    205 W. St. Clair, 4th Flr. Cleveland, OH 44113.

  • Page 3 of 58

    The City reserves the right to reject any or all proposals or portions of them, to waive irregularities, informalities,

    and technicalities, to re-issue or to proceed to obtain the service(s) desired otherwise, at any time or in any

    manner considered, in the sole discretion of the City, to be in the City’s best interests. The City may modify or

    amend any provision of this notice or the RFP at any time.

  • Page 4 of 58

    Contents I. Introduction and Overview ............................................................................... 5 

    II. Scope of Network Security Audit and Vulnerability Assessment Services ...... 7 

    III. General Guidelines ...................................................................................... 15 

    IV. Qualifications for Proposal ........................................................................... 18 

    V. Proposal Content .......................................................................................... 20 

    VI. Proposal Evaluation and Vendor Selection ................................................. 24 

    VII. The City’s Rights and Requirements .......................................................... 28 

    VIII. Agreement Process ................................................................................... 33 

    IX. Terms and Conditions .................................................................................. 36 

    X. Equal Opportunity Requirements .................................................................. 42 

    XI. Attachments ................................................................................................. 46 

  • Page 5 of 58

    I. IntroductionandOverview

    Introduction

    The City of Cleveland (City), Information Technology Services, is soliciting proposals from

    qualified service providers with industry experience sufficient to perform in-depth Network

    Security Audit and Vulnerability Assessment of the IT infrastructure, network, and

    applications in the City of Cleveland. The firm to be employed by the contract, will

    supplement the regularly employed staff of the departments under General Funds and

    Enterprise Funds, which consist of Port Control and Public Utilities. Following the

    specifications outlined in this document, deliverables from the assessment must include

    comprehensive documentation to include any non-compliant network vulnerabilities; a risk

    analysis listing the priority of each risk or vulnerability identified (i.e., high/med/low) and a

    roadmap document outlining technologies and best practices that the City should focus on to

    improve its security model. The result of this procurement process will be the award of one or

    more contracts to one or more Consultants for the services described herein.

    Background

    Overview The City of Cleveland is issuing this request for a proposal to perform a citywide Network

    Security Audit and Vulnerability Assessment to identify vulnerabilities, analyze and determine

    their potential impact, establish benchmarks for remediation and improvements of the City’s

    operations, internal controls, and current policies and procedures. The selected vendor is

    expected to perform these services in four separate network environments (Public Safety,

    Utilities, Port Control, and General Fund). The IT services provided within these domains

    include but are not limited to: IT operations planning and management, application services

    deployment, network infrastructure, and data storage. Other services include management of

    telecommunications; wired, wireless, and Wi-Fi services across all City departments and

    helpdesk support services support.

  • Page 6 of 58

    Task-Based Project Execution for Support Services Each work activity requested by the City under this contract will be considered a task. These

    tasks will vary in length from short term specific projects/initiatives to long term managed

    support services that may span the length of the contract. Tasks may be either for a

    consultant to execute a defined scope of work or maybe a request for resources to augment

    the existing City staff.

    Due to the nature of these work tasks, it is expected that the selected Consultant may need

    to acquire the services of sub-consultants specializing in various disciplines to complete the

    Contract Tasks. A list of possible services is included in Section II, Scope of Services.

    The Consultant shall provide experienced staff to fulfill the service requirements and to

    produce the required deliverables.

    Activities for all tasks shall be coordinated by the Consultant with the City’s designated

    Information Technology & Services Program Manager. Tasks will be released by the City as

    required. The procedure for release of tasks to the Consultant is described in Section III,

    General Guidelines.

  • Page 7 of 58

    II. ScopeofNetworkSecurityAuditandVulnerabilityAssessmentServices Scope of Services This list of possible services is intended to provide a general overview of the work to be

    performed under this contract.

    The scope may include all disciplines and the work products developed by these disciplines,

    whether identified or not.

    1. Vulnerability Assessment, including but not limited to:

    Internal Network

    External Network

    Wireless Network

    Physical Access Controls

    Remote Access/ External Partners

    Social Engineering

    Internet Usage

    Host-Based Security

    Virus Protection

    Logon Security

    Payment Card Industry (“PCI”) Data Security Standard (“DSS)

    Compliance Assessment

    Remittance Data (channels managing invoice and payment process) Advantage Architecture

    GAAP Assessment

    2. Penetration Testing, including but not limited to:

    Internal Network

    Web Security

    Inbound and Outbound Remote Access Strategy

    Intrusion Detection- Varonis

  • Page 8 of 58

    SIEM Product (Security Information Event Management)

    USB Lockdown

    3. Network Security Audit, including but not limited to:

    Device and Platform Identification

    Domain Name System (“DNS”) Security Configuration Audit

    Server Security Configuration Audit

    Employee Training and Social Engineering Threat Prevention Audit

    Security Policies and Procedures Review

    Backup Disaster and Recovery Audit

    Third-Party On-Site Security Audit

    Security Incident Response Contract Audit

    4. Connections to External Partners

    Detailed Scope of Services

    Vulnerability Assessment Services

    Internal Network

    All internal corporate systems to include workstations, servers,

    switching/routing infrastructure, virtualization, and storage infrastructure, and

    other connected IT devices. Including all Demilitarized (DMZ) systems to

    include flow controls from external to internal systems.

    External Network

    All external public-facing systems to include firewalls, load balancers, web

    servers, FTP servers, and web service interface points.

  • Page 9 of 58

    Wireless Network

    All wireless systems to include internal touchpoints from all SSID, broadcast, or

    hidden, as well as encryption levels.

    Physical Access Controls

    Determine if the current physical security is adequate by conducting physical

    access assessments.

    Remote Access/ External Partners

    Assess remote access and security of network connections and data traffic to

    and from external partners

    Social Engineering

    Perform social engineering procedures to verify the existence and effectiveness

    of procedural controls to prevent unauthorized physical and electronic access

    to the City’s IT network.

    Internet Usage

    Asses URL/web filtering and access restrictions

    Host-Based Security

    Assess the security of critical systems at the operating system and database

    layers and associated identity and access management controls.

    Virus Protection

    Evaluate the facility used to prevent the impact of viruses. Perform a threat

    assessment to identify vulnerabilities.

    Logon Security

    Evaluate password policies. Review current logon auditing practices. Examine

    current practices and identify any potential weaknesses. Provide input on an

  • Page 10 of 58

    action plan to deal with problems. Perform a threat assessment to identify

    vulnerabilities.

    PCI DSS Compliance Assessment

    This service includes an assessment of the City’s cardholder data environment

    for compliance with the PCI DSS, including the people, processes, and

    technology that store, process, or transmit cardholder data or sensitive

    authentication data.

    Remittance Data- (channels managing invoice and payment process) This service includes an assessment of the City’s invoice and payment

    processing environment, including the people, processes, and technology that

    store, process, or transmit invoices and billing data.

    Advantage Architecture

    This service includes an assessment of the City’s IT environment protection.

    GAAP Assessment

    This service includes an assessment of the City’s standards, conventions, and

    rules accountants follow in recording and summarizing, and in the preparation

    of financial statements.

    Vulnerability Assessment Services Deliverables

    The vendor will provide the City of Cleveland with a detailed report on the assessment

    vulnerabilities discovered and recommendations.

    Highlight successes and identify gaps

    Identify security/privacy risks in current practices inclusive of:

    Policy/Process/Procedures

    Tools, Methods, Implementation

    Operations

    Develop detailed recommendations to close gaps, which includes:

  • Page 11 of 58

    Recommend mitigation solutions

    Estimated budget requirements range for mitigation deployment and ongoing

    support

    Estimated deployment timelines

    Penetration Test Services

    Internal Network

    Perform non-volatile exploit procedures designed to determine how well

    security systems can withstand up-to-date malicious exploits launched via the

    internet and internal network connections.

    Web Security

    All wireless systems to include internal touchpoints from all SSID, broadcast, or

    hidden, as well as encryption levels. Testing will attempt to compromise

    networks and operating systems to identify vulnerabilities to the system.

    Inbound and Outbound Remote Access Strategy

    Evaluate the administration of remote access, both inbound and outbound.

    Review implications, protocol, and procedures associated with the level of

    access that has been granted to authorized users. Examine security issues in

    remote data transfer and the extent of network access available remotely.

    Perform a threat assessment to identify vulnerabilities with existing remote

    access.

    Intrusion Detection- Varonis Protection

    Evaluate the built-in host intrusion detection (HIDS), network intrusion detection

    (NIDS), as well as cloud intrusion detection for the City’s public cloud

    environments.

  • Page 12 of 58

    SIEM Product- Security Information Event Management

    Evaluate real-time analysis of security alerts generated by the City’s

    applications and network hardware.

    USB Lockdown

    Evaluate unauthorized device detection for security incidents.

    Penetration Test Services Deliverables

    The vendor will provide the City of Cleveland with a detailed report on testing and

    attack scenarios used, test result log, and interruptions.

    Network Security Audit Services

    Device and Platform Identification

    This service includes identifies all network assets and operating systems.

    Domain Name System Security Configuration Audit

    This service includes an evaluation of DNS servers for the following:

    Verification, the guidelines within the DNS Security Requirements Guide

    (“SRG”), and the DNS Policy Security Technical Implementation Guide (STIG)

    are followed.

    Evaluation of systems to ensure compliance with applicable standards and to

    determine if the environment is protected against known threats and current

    attack vectors

    Audit of DNS vulnerabilities, including cache poisoning, DNS amplification,

    Open Resolvers, etc.

    Server Security Configuration Audit

    This service includes an audit of server configurations against industry best practices

    and applicable security standards.

  • Page 13 of 58

    Employee Training and Social Engineering Threat Prevention Audit

    This service includes an evaluation of existing training materials applicable to security

    policies and procedures to ensure employees are trained and compliant with the

    necessary tools to prevent non-technical attacks, which often involves deceiving

    employees to break standard security procedures.

    Security Policies and Procedures Audit

    Audit current state of security policies and standards and benchmark against business

    needs and commonly accepted industry standards to enhance the current policy set

    where there are gaps to the common standards. Build new policies to match where

    existing controls are in place, and to make recommendations for additional policies

    that may be needed.

    Backup Disaster and Recovery Audit

    Evaluate documented processes and procedures for ITS Disaster

    Preparedness Compliance to ensure the continuance of key business functions

    in the event of a disruption.

    Ascertain the existence and effectiveness of the current ITS disaster recovery

    plan and its alignment with the enterprise business continuity plan, policies, and

    procedures.

    Evaluate ITS function’s preparedness in the event of process disruption.

    Determine compliance with applicable federal laws and regulations.

    Third-Party On-Site Security Audit

    3rd party security audit to confirm that security and data protection controls are in

    place and compliant to business needs and in alignment with acceptable industry

    standards.

    Security Incident Response Audit

    Audit relating to the effectiveness of security incident management processes,

    policies, procedures, and governance activities

  • Page 14 of 58

    Network Security Audit Services Deliverables

    The vendor will provide the City of Cleveland with a detailed report on findings.

    Findings document that details and demonstrate all threats and

    vulnerabilities that are identified.

    A risk analysis listing of recommendations based on risk severity, probability,

    cost, and scope of work. This should also include recommendations that

    address policy or procedural vulnerabilities

    A Security Roadmap that lists the technology recommendations for the next

    3-5 years and includes a strategic direction in support of the City’s security

    infrastructure.

    Connections to External Partners Services

    Review the City’s connection and security posture to the City’s external partners

    through wide area networks, dedicated circuits, remote clients, and remote server

    technologies; Assess remote access and security of network connections and data

    traffic to and from external partners.

    Connections to External Partners Services Deliverables

    Executive Summary with overall severity findings and risk exposure

    Remediation recommendations to close the vulnerabilities identified

    Detailed steps (wherever/whenever applicable) to be followed while

    mitigating the reported vulnerabilities

  • Page 15 of 58

    III. GeneralGuidelines Task Request for Proposal When a Task is first initiated, the Program Manager for this contract shall issue a Task

    Request for Proposal (TRFP) to the Consultant. The TRFP may include the following

    information:

    • Background of the need for the task • Goal and objective of the task • Task priority relative to other contract tasks • Listing of any scheduling and coordination restrictions that will affect the task • Listing of known governmental regulations that may need to be addressed in the task • Determining if legislation exists, will be needed, or will not be needed to proceed with

    the task

    • Known problems that may restrict design or implementation which must be addressed • Task project management responsibilities • Any other related information not listed • Assigned task number • Established task deliverables • Intermediate milestones

    Task Proposal The consultant will take the information presented in the TRFP and prepare an estimate of:

    • Disciplines needed • Staff to be provided along with resumes (if requested) • Hours needed by each • Schedule • Reimbursable • Total not-to-exceed Task Cost

    The Consultant shall submit this information in the proposal form to the Program Manager.

    Task Negotiation The Program Manager will review the Task Proposal as received from the Consultant and

    determine if the proposal is acceptable. If it is determined that adjustments are needed, the

  • Page 16 of 58

    manager will negotiate with the Consultant until both parties agree on the details in the Task

    Proposal. This process must be repeated until no new corrections are needed.

    Task Authorization When the Task Proposal is finalized, a formal Task Authorization Letter will be given to the

    Consultant by the Program Manager.

    Each authorized Task shall indicate a Total Not-To-Exceed funding cap. The Consultant shall

    utilize generally accepted Project Management processes, whereby consistent biweekly

    milestone meetings will provide both a dollar/percentage spent and work remaining. These

    shall include documented and formalized issue log and change request processes that shall

    be reviewed and approved by the City. The Consultant shall give The City at least one-month

    advance notice of when it thinks a Task’s funding will be exhausted prior to completion.

    Task Completion and Close-Out All work by the Consultant shall conform to Generally Commercially Acceptable Standards.

    After the Consultant has completed the activities as authorized in each task, he/she shall

    submit, in hard copy, and where applicable, in electronic format (latest version of Adobe PDF,

    MS Word, Visio, or MS Excel), the following items to the Program Manager:

    • Collected information • Design notes and requirements • documentation • All Task correspondence • All other defined deliverables

    Compensation and Invoicing Support Services Compensation for services shall be based on hourly billing rates for the category of the

    individuals assigned to each Task and approved reimbursable expenses as agreed upon

    during negotiation of the Agreement. Billing rates shall remain unchanged throughout the life

    of this contract.

    The Consultant shall be compensated for reimbursable expenses incurred in the interest of

    the work in accordance with the City Expense Reimbursement Policy.

  • Page 17 of 58

    The Consultant shall be paid for services on a time-based method. The Consultant shall

    invoice each month based on the actual hours, and approved hourly billing rates expended

    for the services. The invoice shall include only the staff titles listed in the Fee Proposal.

    The Consultant shall submit its invoice for progress payment to the Program Manager no

    later than the close of business on the thirtieth (30th) calendar day of the month following the

    month for which payment is requested. If the 30th calendar day would fall on a Saturday,

    Sunday, or holiday, then the submittal shall take place on the previous working day. The

    Consultant shall not submit invoices more frequently than once per month.

    Invoices shall include a cover page, summary table, detailed invoice per task, summary table

    of labor costs, timesheets, a summary table of reimbursable, original receipts, and other

    information as deemed appropriate. Invoices shall include specific activities worked, on an

    hourly and daily basis by resource.

    Supporting information (receipts, timesheets, etc.) shall be attached in the appropriate

    section of the invoice in alphabetical then chronological order. For example, timesheets shall

    be attached alphabetically by individual name and chronologically by the individual.

    Each approved task shall be specifically identified and tracked.

    Invoices not submitted in the approved format may be rejected and returned to the

    Consultant. This includes incomplete information and missing documentation.

  • Page 18 of 58

    IV. QualificationsforProposal

    Each proposer, regardless of the form of its business entity, must meet the following

    minimum requirements. Failure to meet all requirements may be cause for rejection of a

    proposal. If a proposer is a partnership or a joint venture, at least one general partner or

    constituent member must meet the requirements. Each Proposer must:

    • Provide evidence that it has a minimum of 5 continuous years of experience within the

    last 10 years of providing the services described in this RFP

    • Provide evidence that it has a minimum of 5 continuous years of experience within the

    last 10 years of Security Audit and Assessment engagements/implementations with

    comparable cities

    • Be authorized to conduct business in the State of Ohio, County of Cuyahoga, and the

    City of Cleveland

    • Proposer demonstrates qualification for all applicable licenses, certificates, permits, or

    other authorizations required by any governmental authority, including the City, having

    jurisdiction over the operations of the successful Proposer and the proposed services.

    • Submit with its proposal at least three (3) written, verifiable, references dated within

    the last two years from clients for which the Proposer has rendered services

    substantially similar to those sought by this RFP, and recommending Proposer for

    selection for such services. (See Attachment “G” – Vendors Client References Form)

    Submission of Proposal Each proposer shall submit its proposal(s) in the number, form, manner, and by the date and

    time and at the location required in Section I above.

    Each proposer shall provide all the information requested in this RFP. The proposer must

    organize its proposal package to address each of the elements in this RFP in the order listed

    in Section VI, Proposal Content. The proposer should carefully read all instructions and requirements and furnish all the information requested. If a proposal does not comply with all

    terms, conditions, and requirements for submittal, the City may consider it unacceptable and

    may reject it without further consideration

  • Page 19 of 58

    The City wishes to promote the greatest feasible use of recycled and environmentally

    sustainable products and to minimize waste in its operations. To this end, all proposals

    should comply with the following guidelines: Unless necessary, hard copies should minimize

    or eliminate the use of non-recyclable or non-reusable materials. Materials should be in a

    format permitting easy removal and recycling of paper. A proposer should, to the extent

    possible, use products consisting of or containing recycled content in its proposal including,

    but not limited to, folders, binders, paper clips, diskettes, envelopes, boxes, etc. Do not

    submit any or a greater number of samples, attachments, or documents not specifically

    requested.

    If you find discrepancies or omissions in this RFP or if the intended meaning of any part of

    this RFP is unclear or in doubt, send a written request for clarification or interpretation to

    Tiearra Hayes, 205 West St. Clair Avenue, 4th Floor, Cleveland, OH 44113, no later than

    Friday, October 18th, 2019 at 5:00PM EST. Requests for clarification or interpretation may

    be submitted via e-mail to [email protected].

  • Page 20 of 58

    V. ProposalContent Each proposal shall include the following parts in the order below. Please separate and

    identify each part by tabs for quick reference. Each proposal should be organized to facilitate

    its evaluation.

    The Proposal submittal shall be no longer than 40 single-sided printed pages, excluding

    appendices.

    Page size shall be 8.5 x 11 inches (11x17 inch pages may be utilized for graphical

    representations, but each will be counted as two pages). Font size shall be no less than 12

    pt. Tabs, dividers, and appendices are excluded from the page count. The proposal shall be

    submitted in 3-ring binders.

    The proposal response section shall consist of the following sections:

    Section 1: Cover Page and Executive Summary

    The Executive Summary should provide a complete and concise summary of the proposer’s

    experience and ability to meet the requirements of this RFP. It should briefly state why the

    Proposer is the best candidate for the engagement. The Summary should be organized so it

    can serve as a stand-alone summary apart from the remainder of the proposal.

    Section 2: Profile

    The Proposer will provide a profile of its organization and all other sub-consultants who will

    be providing services. At a minimum, the Proposer will provide the following information:

    • Principal owners of the business

    • Number of years in business

    • Number of years involved with services as proposed

    • Total number of employees

    • Latest gross sales revenue

    • Latest gross income

  • Page 21 of 58

    Section 3: Qualifications

    Identify the prime and each sub-consultant firm’s qualifications for providing professional

    services. Place specific emphasis on projects for government and/or utilities.

    In the Qualifications section, each Proposer should state in detail its qualifications, and

    experience, and how its services and/or products are unique and best suited to meet the

    requirements and intent of this RFP. This should include the qualifications of sub-consultants

    included in the proposal. The proposer may include as much information as needed to

    differentiate its services and product(s) from other proposals. At a minimum, please include

    the following:

    • How Proposer meets or exceeds qualifications;

    • A description of the nature of the firm’s experience in providing the service(s)

    and/or product(s) sought by this RFP and state the number of persons currently

    employed for such purpose;

    • The total number of such engagements and the clients comparable to The City for

    which the firm has provided like or similar services within the last five (5) years.

  • Page 22 of 58

    Section 4: List of Representative Services Provide a list of at least three similar consulting services that the proposer has completed within

    the last three years. Include a detailed description of the scope, responsibilities, services, and dollar value for each

    contract listed for the proposer Provide at least one client reference each (verified name and telephone number) of someone

    closely familiar with each client and your firm's performance. Each service description shall be presented in the format consistent with the table below.

    List of Representative Projects Table

    (One sheet per project)

    Project title:

    Project Description:

    Owner’s Name:

    Location of Project:

    Knowledgeable Contact’s Name

    Contact’s Role in the Project:

    Verified Telephone Number for Contact:

    Project Manager’s Name*

    Key Team Member’s Names and Duties*:

    Prime Consultant:

    Sub consultant(s) and Percent of Total Project:

    *As proposed for that project SHEET OF

  • Page 23 of 58

    Section 5: Environmental Sustainability

    Describe how the proposed serves/project/solution incorporates environmental sustainability.

    Section 6: Litigation:

    Disclose any current litigation(s) that the proposer or any of its subcontractors are currently

    involved or has been involved over the last 5 years.

  • Page 24 of 58

    VI. ProposalEvaluationandVendorSelection Proposals received in response to this request will be reviewed and scored by an evaluation team. The evaluation of proposals received will be carried out in three rounds and will be based on but not limited to, the evaluation team’s assessment of the criteria defined under the following evaluation rounds.

    Round 1 – Procedural Compliance and Quality Assurance Round 2 – Proposal Technical Review and Scoring Round 3- Vendor Oral Presentation

    Fees will not be considered in the technical evaluation. Proposals shall be evaluated first

    on qualifications and technical merit. Once rankings are established, the fee submittals

    shall be considered.

    Round 1 – Procedural Compliance and Quality Assurance Round 1 evaluation will be conducted to verify that the vendor has complied with the

    submission criteria listed below. This is a pass or fails round; therefore, vendors are to

    ensure that they meet ALL of the following conditions:

    • Vendor’s adherence to the City’s established process for communication

    • Vendor submitted a proposal to the City on or before the submission deadline

    • Cover of the Vendor’s submission package contains the appropriate content

    designation, and all requested components of the submission package are

    included

    • Adherence to City’s OEO requirements and correctly filing and submitting all

    City’s Forms and Schedules

    • The vendor has completed and submitted the Proposal Checklist –Attachment “D”. (City will verify all documentation supplied by the vendor, including all forms).

  • 25 of 58

    Failure by the vendor to comply with the instructions provided or to submit a complete

    proposal may render a proposal not qualified for the award, except that the City reserves

    the right to waive minor irregularities. The City may also, solely at its discretion, choose

    to notify a vendor of deficiencies in its response to the RFP and allow for remediation of

    such deficiencies. Proposals that meet the submission criteria may progress to Round 2.

    Round 2 – Proposal Technical Review and Scoring (Passing Score - 75%) This round of evaluation will be based on the following criteria:

    a. Vendor Qualifications and Experience-

    i. Attachment “H" Vendor Experience Checklist will be evaluated during Round 2

    b. Project Approach and Proposed Solution;

    c. Cost-Effectiveness and Value;

    e. Acceptance of the Terms of the Contract

    A firm’s involvement in any current litigation with the City of Cleveland may be taken into

    account during proposal evaluation.

    The ratings are not intended or to be interpreted as a reflection of a proposer’s

    professional abilities. Instead, they reflect the City’s best attempt to quantify each

    proposer’s ability to provide the services sought by the City and to meet the specific

    requirements of this RFP.

    Round 3- Vendor Oral Presentation (Passing Score -75%)

    Vendors that scored a minimum of 75% from Round 2 evaluation may be invited to

    conduct an oral presentation for the City of Cleveland. Presentations, not to exceed two

    hours, will be scheduled by the PMO with each of the finalists within a reasonable

    timeframe.

    For the purpose of this presentation, vendors may be required to respond to specific

    questions, scenarios, and use cases related to the RFP objectives. The presentation

  • Page 26 of 58

    format, scripts, and questions will be provided to the vendor prior to the presentation date.

    The evaluation panel may ask questions related to the vendor's proposal, prior

    submissions, or presentation during the session.

    Fee Proposal Evaluation and Finalist Selection

    The evaluation team will review the fee proposals from all vendors that scored 75% and

    above from the Round 3 evaluation. The selection of one or more finalists is at the discretion

    of the City and will not be based solely on the cost proposal. The City will select the vendor

    or vendors considered to be the “Most Advantageous,” and “Best Value” to the City, and

    extend an invitation to enter into a contract.

    Disqualification of a Proposer/Proposal:

    The City does not intend by this RFP to prohibit or discourage submission of a proposal that

    is based upon a Proposer’s trade experience in relation to the nature or scope of work,

    services, or product(s) described in this RFP or to prescribe the manner in which its services

    are to be performed or rendered.

    The City will not be obligated to accept, however insignificant, deviations from the work or

    services sought by this RFP, including terms inconsistent with or substantially varying from

    the services or the financial and operational requirements of the RFP, as determined solely

    by the City. The City reserves the right to reject any proposal that does not furnish or is

    unresponsive to the information required or requested herein. The City reserves the right to

    reject any proposal or to waive or to accept any deviation from this RFP or in any step of the

    proposal submission or evaluation process to approve the award of the contract considered

    in the City’s best interest, as determined in the City’s sole discretion.

    Although the City prefers that each Proposer submits only one proposal including all

    alternatives to the proposal that the Proposer desire the City to consider, it will accept

    proposals from different business entities or combinations having one or more members in

    interest in common with another Proposer, the City may reject one or more proposals if it has

    reason to believe that Proposers have colluded to conceal the interest of one or more parties

  • 27 of 58

    in a proposal, and will not consider a future proposal from a participant in the collusion. In

    addition, the City will not accept a proposal form or approve a contract to any Proposer that is

    in default as surety or otherwise upon an obligation to the City or has failed to perform

    faithfully any previous agreement with the City or is currently in default under any agreement

    with the City.

    The City reserves the right to reject any or all proposals. Failure by a Proposer to respond

    thoroughly and completely to all information and document requests in this RFP may result in

    rejection of its proposal. Further, the City reserves the right to independently investigate the

    financial status, qualifications, experience, and performance history of a Proposer.

    The City reserves the right to cancel the approval or authorization of a contract award, with or

    without cause, at any time before its execution of a contract.

  • Page 28 of 58

    VII. TheCity’sRightsandRequirements The Director, at his/her sole discretion, may require any proposer to augment or supplement

    its proposal or to meet with the City’s designated representatives for interview or presentation

    to further describe the proposer’s qualifications and capabilities. The requested information,

    interview, meeting, or presentation shall be submitted or conducted, as appropriate, at a time

    and place the Director specifies.

    The City reserves the right, at its sole discretion, to reject any proposal that is incomplete or

    unresponsive to the requests or requirements of this RFP. The City reserves the right to

    reject any or all proposals and to waive and accept any informality or discrepancy in the

    proposal or the process as may be in the City’s best interest.

    Proposal as a Public Record

    Under the laws of the State of Ohio, all parts of a proposal, other than trade secret or

    proprietary information and the fee proposal, may be considered a public record which, if

    properly requested, the City must make available to the requester for inspection and copying.

    Therefore, to protect trade secret or proprietary information, the proposer should mark each

    page - but only that page - of its proposal that contains that information. The City will notify

    the proposer if such information in its proposal is requested, but cannot, however, guarantee

    the confidentiality of any proprietary or otherwise sensitive information in or with the proposal.

    Blanket marking of the entire proposal as “proprietary” or “trade secret” will not protect an

    entire proposal and is not acceptable.

    Cleveland Area Business Code

    Requirements During performance of this Agreement, Contractor shall comply with all

    applicable requirements of the Cleveland Area Business Code, Chapter 187 of the Codified

    Ordinances of Cleveland, Ohio, 1976 (“C.O.”), and any Regulations promulgated under the

    Code, which Code and Regulations are incorporated into and made part of this RFP by this

  • Page 29 of 58

    reference as fully as if rewritten in it or attached. Specifically, compliance under any resulting

    agreement shall include, but not be limited to, the Contractors:

    Compliance with its proposal representations regarding CSB, MBE, and/or FBE

    participation in the performance of the Agreement;

    Compliance and cooperation with Project Monitors, whether from the Mayor’s Office

    of Equal Opportunity (the “OEO”) or the contracting department;

    Accurate, complete, and on-time submission of all reports, forms, and documents

    including, but not limited to, employment reports, certified payrolls, monitoring forms,

    and other information the Director of the OEO may require, whether in printed or

    electronic form, to ascertain and verify Contractor’s compliance; and

    Attendance at and participation in all required project meetings, including OEO

    compliance meetings, and progress meetings called by the contracting department

    director(s) at key intervals during the performance of the contract services.

    Failure to Comply When determining the contractor’s future eligibility for a City contract,

    the City shall consider a contractor’s failure to comply with the representations of its

    proposal and the requirements under the Code as a failure to faithfully perform a contract.

    a. Under the Cleveland Area Business Code, the City of Cleveland is firmly committed

    to assisting Minority Business Enterprises (MBEs), Female Business Enterprises

    (FBEs), and Cleveland- area small businesses (CSBs) by providing and enhancing

    economic opportunities to participate in City contracts. The successful proposer for

    a contract will be a firm that shares that commitment. Accordingly, a proposer is

    strongly encouraged to utilize the services of qualified MBE/FBE/CSB sub-

    consultants that are certified by the Mayor’s Office of Equal Opportunity (the “OEO”)

    in its proposal.

    b. The standard subcontracting goal for professional services contracts is 10%

    Cleveland Area Small Business (“CSB”) subcontractor participation. Please review

    the attached Office of Equal Opportunity documents to ascertain the goal for the

  • Page 30 of 58

    proposed contract. Proposers are required to make a good-faith effort to subcontract

    portions of the work to certified Minority Business Enterprise (“MBE”), Female

    Business Enterprise (“FBE”), and CSB firms, consistent with the subcontracting

    goal(s) applicable to this RFP.

    .

    c. To document its good-faith effort to utilize certified MBE, FBE, and CSB sub-

    consultants, each proposer must complete Schedules 1 through 4 found in the

    Cleveland Area Business Code - Notice to Bidders and Schedules.

    These schedules identify the proposer’s proposed use of MBE, FBE, and CSB sub-

    consultants on the project, which evidences the proposer’s good-faith effort to obtain

    the participation of certified sub-consultants. The proposer shall submit the

    completed forms with its proposal, and they will be forwarded to the City’s Office of

    Equal Opportunity for evaluation. Failure to submit complete schedules may result

    in the rejection of a proposal

    Proposers may obtain a listing of firms certified by the OEO as CSBs, MBEs, and

    FBEs by checking the City’s website at http://www.city.cleveland.oh.us. On the home

    page, select the “Office of Equal Opportunity” from the drop-down menu of City

    departments. On the Office of Equal Opportunity page, you will find a selection in the

    left-hand column for “CSB/MBE/FBE Registry.”

    Proposers are responsible for obtaining the most current list and for contacting

    potential CSB/MBE/FBE sub-consultants. The City assumes no responsibility for

    matching prime consultants with qualified, certified MBE, FBE, and/or CSB sub-

    consultants.

    The City Office of Equal Opportunity will monitor the participation of MBE, FBE,

    and/or CSB sub-consultants throughout the duration of the engagement or project.

    The successful proposer, as the contractor, will be responsible for providing the

    OEO with all the information necessary to facilitate this monitoring.

  • Page 31 of 58

    The Cleveland Area Business Code, any Regulations promulgated under the Code,

    and the OEO Notice to Bidders & Schedules are, by this reference, incorporated in

    and made part of this solicitation and any resulting contract as fully as if written in it

    or attached.

    d. The successful proposer, as the contractor, will be required to comply with all

    terms, conditions, and requirements imposed on a “contractor” in the following Equal

    Opportunity Clause, Section 187.22(b) of the Cleveland Codified

    Ordinances, and shall make the Clause part of every subcontractor agreement

    entered into for services or goods and binding on all persons and firms with which

    the proposer may deal, as follows: No Contractor shall discriminate against any

    employee or applicant for employment because of race, religion, color, sex, sexual

    orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled

    veteran status. Contractors shall take affirmative action to ensure that applicants are

    employed and that employees are treated during employment without regard to race,

    religion, color, sex, sexual orientation, national origin, age, disability, ethnic group, or

    Vietnam-era or disabled veteran status. As used in this chapter, “treated” means

    and includes without limitation the following: recruited whether by advertising or

    other means; compensated, whether in the form of rates of pay or other forms of

    compensation; selected for training, including apprenticeship, promoted, upgraded,

    demoted, transferred, laid off and terminated. Contractors shall post in conspicuous

    places available to employees and applicants for employment, notices to be

    provided by the hiring representative of contractors setting forth the provisions of this

    nondiscrimination clause.

    Term of Proposal’s Effectiveness By submission of a proposal, the proposer agrees that its proposal will remain

    effective and eligible for acceptance by the City until the earlier of the execution of a

    final contract or 180 calendar days after the proposal submission deadline (the

    “Proposal Expiration Date”).

  • Page 32 of 58

      Execution of a Contract The successful proposer shall, within ten (10) business days after receipt of a

    contract prepared by the City Director of Law, exclusive of Saturdays, Sundays and

    holidays, execute and return the contract to the City together with evidence of proper

    insurance and intent to conform to all requirements of the contract. Attached hereto

    or which are a part hereof and all applicable federal, state, and local laws and

    ordinances prior to or at the time of execution of the contract.

      Short-listing The City reserves the right to select a limited number (a “shortlist”) of proposers to

    make an oral presentation of their qualifications, proposed services, and capabilities.

    The City will notify the proposers selected for oral presentations in writing.

      Proposer’s Familiarity with RFP; Responsibility for Proposal By submission of a proposal, the proposer acknowledges that it is aware of and

    understands all requirements, provisions, and conditions in and of this RFP and that

    its failure to become familiar with all the requirements, provisions, conditions, and

    information either in this RFP or disseminated either at a pre-proposal conference or

    by addendum issued prior to the proposal submission deadline, and all

    circumstances and conditions affecting performance of the services to be rendered

    by the successful proposer will not relieve it from responsibility for all parts of its

    Proposal and, if selected for contract, its complete performance of the contract in

    compliance with its terms. Proposer acknowledges that the City has no responsibility

    for any conclusions or interpretations made by proposers on the basis of the

    information made available by the City. The City does not guarantee the accuracy of

    any information provided, and the proposer expressly waives any right to a claim

    against the City arising from or based upon any incorrect, inaccurate, or incomplete

    information or information not otherwise conforming to represented or actual

    conditions.

  • Page 33 of 58

    Interpretation

    The City is not responsible for any explanation, clarification, interpretation,

    representation, or approval made concerning this RFP or a Proposal or given in any

    manner, except by written addendum. The City will mail, e-mail, or otherwise deliver

    one copy of each addendum issued, if any, to each individual or firm that requested

    and received an RFP. Any addendum is a part of and incorporated in this RFP as

    fully as if originally written herein.

    Required City Forms Proposer shall complete, execute, and return with its fee proposal, the following documents; they can also be found on-line on the City of Cleveland website. City of Cleveland OEO Forms

    • The Office of Equal Opportunity Notice to Bidders and Schedules; • Federal Form W-9 including Taxpayer Identification Number; • Non-Competitive Bid Contract Statement for Calendar Year 2019 • Northern Ireland Fair Employment Practices Disclosure

      VIII. AgreementProcess

    The Vendor whose proposal is found to be the “Most Advantageous” to the City will be

    selected and offered the opportunity to agree with the City. The scope, terms, and

    conditions of that Agreement shall be in conformance with the terms, conditions, and

    specifications described in this RFP, and the proposal submitted by the Vendor shall

    become part of the Agreement with the City.

    The selected Vendor must be prepared to begin contract negotiations immediately upon

    notification of selection. If the Vendor is not able to begin contract negotiations, the City

    may disqualify the Vendor. The City reserves the right to negotiate the contract to include

    any portion or portions of the proposal.

  • Page 34 of 58

    The City shall not be responsible for any vendor costs incurred in relation to the

    preparation of the proposal, travel to any meetings, or any other Vendor costs associated

    with proposal preparation.

    The City of Cleveland’s Law Department will prepare the contract. Vendor responses

    must identify a designated contact, authorized to negotiate the final terms and conditions

    with the Law Department. It should be noted that the Law Department uses the City of

    Cleveland to prepared contract forms and not standard vendor contract forms.

    Construction of Agreement

    A. The validity, interpretation, construction, and performance of this Agreement shall be

    in accordance with the laws of the State of Ohio.

    B. This Agreement and the agreement between the City of Cleveland sets forth the entire

    understanding of the parties and supersedes any and all prior agreements,

    arrangements, and understandings, oral or written, of any nature whatsoever between

    the parties regarding the subject matter hereof. The waiver of any breach of any term

    of this Agreement does not waive any subsequent breach of that or any other term of

    this Agreement.

    C. No modifications or amendments to this Agreement will be valid unless in writing and

    signed by each of the parties hereto.

    D. All terms and words used in this Agreement, regardless of the number and gender in

    which they are used, shall be deemed and construed to include any other number,

    singular or plural, and any other gender, masculine or feminine or neuter, as the

    context or sense of this Agreement or any paragraph or clause herein may require, the

    same as if such words have been fully and properly written in the number and gender.

    E. The consultant agrees that no representation or warranties of any type shall be

    binding upon the City unless expressly authorized in writing herein.

  • Page 35 of 58

    F. The headings of sections and paragraphs to the extent used herein are used for

    reference only, and in no way define, limit or describe the scope or intent of any

    provisions hereof.

    G. This Agreement may be executed in any number of counterparts, each of which when

    so executed and delivered shall be deemed original, but such counterparts together

    shall constitute one and the same instrument.

    H. The following documents attached hereto are hereby incorporated with and made a

    part of this Agreement:

    1. Attachment “A,” Equal Opportunity Clause.

    2. Attachment “B” Definitions.

    3. Attachment “C” Forms.

    4. Attachment “D” Proposal Checklist

    5. Attachment “E” Fee Proposal

    6. Attachment “F” Vendor Background Info

    7. Attachment “G” Vendor Client References

    8. Attachment “H” Vendor Experience Checklist

  • Page 36 of 58

      IX. TermsandConditions

    The following terms and conditions, substantially in the form contained herein, shall be

    included in the agreement between the City and the successful respondent. Please carefully

    review these terms and conditions. No specific response to this section is required.

    Term The term of this Agreement shall begin on the effective date of this Agreement and, unless

    canceled in accordance with the terms of the Agreement, shall terminate upon completion of

    and approval by the City of all work to be performed.

    Cancellation This agreement may be canceled by the City at any time upon written notice to the

    Consultant.

    Independent Contractor The consultant and the City agree that the Consultant is an independent contractor and not

    an employee of the City and further agrees that the Consultant shall be considered as such

    for all purposes. As such Consultants shall retain sole financial responsibility for all taxes

    due to federal, state, or local governments or agencies on account of themselves, their

    employees, representatives, or agents.

    Equal Opportunity, MBE/FBE The Consultant shall comply with all terms, conditions, and requirements imposed on a

    “Contractor” in the Equal Opportunity Clause, Section 187.22(b) of the Cleveland Codified

    Ordinances, (Attachment F) and shall make the Clause part of every subcontractor

    agreement entered into for services or goods and binding on all persons and firms with which

    the proposer may deal, as follows: No Contractor shall discriminate against any employee or

    applicant for employment because of race, religion, color, sex, sexual orientation, national

    origin, age, disability, ethnic group or Vietnam-era or disabled veteran status. Contractors

    shall take affirmative action to ensure that applicants are employed and that employees are

  • Page 37 of 58

    treated during employment without regard to race, religion, color, sex, sexual orientation,

    national origin, age, disability, ethnic group, or Vietnam-era or disabled veteran status. As

    used in this chapter, “treated” means and includes without limitation the following: recruited

    whether by advertising or other means; compensated, whether in the form of rates of pay or

    other forms of compensation; selected for training, including apprenticeship, promoted,

    upgraded, demoted, transferred, laid off and terminated. Contractors shall post in

    conspicuous places available to employees and applicants for employment, notices to be

    provided by the hiring representative of Contractors setting forth the provisions of this

    nondiscrimination clause.

    A copy of this Clause shall be made a part of every subcontractor agreement entered into for

    goods or services, and shall be binding on all persons, firms, and corporations with whom the

    Contractor may deal.

    Within 60 calendar days after entering into a contract, the successful Proposer, as

    Contractor, shall file a written affirmative action program with the OEO containing standards

    and procedures and representations assuring that the Contractor affords all qualified

    employees and applicants for employment equal opportunities in the Contractor’s

    recruitment, selection, and advancement processes. The forms can be found at City of

    Cleveland OEO Forms

    Cleveland Area Business Code During the performance of this contract, Consultant shall comply with any and all applicable

    requirements of the Cleveland Area Business Code, Chapter 187 and 187a. of the Codified

    Ordinances of Cleveland, Ohio, 1976 (“C.O.”), and any Regulations promulgated under the

    Code, which Code and Regulations are incorporated into and made part of this RFP by this

    reference as fully as if rewritten in it or attached. There is no subcontractor participation goal

    for this contract.

  • Page 38 of 58

    Subcontracts and Assignments Consultant shall not subcontract, nor shall any subcontractor commence performance of any

    part of the work or services included in this Agreement without the prior written consent of the

    City. Subcontracting, if permitted, shall not relieve the Consultant of any of its obligations

    under this Agreement.

    Consultant shall be and remain solely responsible to the City for the acts or faults of any such

    subcontractor and such subcontractor's officers, agents, and employees, each of whom shall

    for this purpose, be deemed to be an agent or employee of Consultant to the extent of its

    subcontract. Consultant and any subcontractor shall jointly and severally agree that the City

    of Cleveland is not obligated to pay or to be liable for the payment of any sums due to any

    subcontractor.

    Assignment Consultant shall not assign any interest in this Agreement, and shall not transfer any interest

    in the same, whether by assignment or notation, without the prior written consent of the City.

    Confidentiality In rendering the Services to be performed pursuant to this Agreement, Consultant agrees to

    treat and maintain confidential information and data as the City’s confidential property and

    from the date hereof, and agrees not to divulge it to any third party at any time or use it for

    Consultant’s personal benefit or otherwise, except as such use or disclosure may be required

    in connection with the performance of the Services or maybe consented to, in writing by the

    City.

    Compliance with Laws and Policies This Agreement is subject to, and Consultant shall comply with, all statutes, ordinances,

    regulations, and rules of the Federal government, the State of Ohio, the County of Cuyahoga,

    and the City of Cleveland.

  • Page 39 of 58

    Indemnification and Insurance Consultant shall indemnify and hold harmless the City and its respective officers, agents and

    employees from and against all losses, damages, expenses, suits or claims, liabilities and

    costs, including reasonable attorney's fees, that may be based upon any negligent error or

    omission by Consultant or any injury to persons or property arising out of any error, omission

    or negligent act of Consultant or its sub-consultant. Consultant shall, at its own expense,

    defend the City in all litigation, pay all attorney's fees, damages, court costs and other

    expenses arising out of such litigation or claims incurred in connection therewith and shall, at

    its own expense, pay all claims and related expenses and satisfy and cause to be discharged

    such judgments as may be obtained against the City, or any of its officers, agents or

    employees, arising out of such litigation. Such indemnification shall survive the termination

    of this Agreement.

    State Industrial Compensation Consultant shall be required at all times during the term of this Agreement, if required by law,

    to subscribe to and comply with the Workers' Compensation Laws of the State of Ohio and

    pay such premiums as may be required thereunder and to save the City harmless from any

    and all liability from or under said act. Consultant shall also furnish, if applicable, upon the

    request of the City, a copy of the official certificate or receipt showing the payments referred

    to herein.

    Social Security Act Consultant shall be and remain an independent contractor with respect to all services

    performed hereunder and agrees to and does hereby accept full and exclusive liability for the

    payment of any and all contributions or taxes for social security, unemployment benefits,

    pensions and annuities now or hereafter imposed under any state or federal laws which are

    measured by the wages, salaries or other remuneration paid to persons employed by

    Consultant on work performed under the terms of this Agreement and further agrees to obey

    all lawful rules and regulations and to meet all lawful requirements which are now or

    hereafter may be issued or promulgated under said respective laws by any duly authorized

  • Page 40 of 58

    state or federal officials and said Consultant also agrees to indemnify and save harmless the

    City of Cleveland from any such contributions or taxes or liability therefore.

    Interest of Consultant Consultant covenants that it has no interest and shall not acquire any interest, direct or

    indirect, which would conflict in any manner or degree with the performance of services

    required to be performed under this Agreement. Consultant further covenants that no person

    has any such interest shall be employed in the performance of this Agreement.

    Defaults and Remedies

    A. Consultant shall be in default of this Agreement upon the happening of any of the

    following events:

    1. Consultant fails to observe or perform any of the covenants or agreements to

    be observed or performed by it hereunder, and such failure continues for a

    period of five (5) days after written notice thereof is given to the Consultant by

    the City.

    2. The filing, execution or occurrence of: (I) a petition or other proceeding by, or a

    finding against, Consultant for its dissolution, reorganization or liquidation; (ii) a

    petition in bankruptcy by Consultant; (iii) an adjudication of Consultant as

    bankrupt or insolvent; (iv) an assignment or petition for assignment for the

    benefit of creditors.

    3. Consultant abandons or discontinues its operations for the City except when

    such abandonment or discontinuance is caused by fire, earthquake, war, strike,

    or other calamities beyond its control.

    B. Upon the happening of any one or more of the events as set forth in Paragraph A of

    this Article, or upon any other default or breach of this Agreement, the Finance

  • Page 41 of 58

    Director may, at her option, exercise concurrently or successively any one or more of

    the following rights and remedies:

    1. Enjoin any breach or threatened breach by Consultant of any covenants,

    agreements, terms provisions or conditions hereof.

    2. Sue for the performance of any obligation, promise, or agreement devolving

    upon Consultant for performance or for damages for the nonperformance

    thereof, all without terminating this Agreement.

    3. Terminate this Agreement.

    C. All rights and remedies granted to the City herein and any other rights and remedies

    that the City may have at law and in equity are hereby declared to be cumulative and

    not exclusive and the fact that the City may have exercised any remedy without

    terminating this Agreement shall not impair the City's rights thereafter to terminate or

    to exercise any other remedy herein granted or to which it may be otherwise entitled.

  • Page 42 of 58

      X. EqualOpportunityRequirements

    During performance of this Agreement, Contractor shall comply with all applicable

    requirements of the Cleveland Area Business Code, Chapter 187 of the Codified Ordinances

    of Cleveland, Ohio, 1976 (“C.O.”), and any Regulations promulgated under the Code, which

    Code and Regulations are incorporated into and made part of this RFP by this reference as

    fully as if rewritten in it or attached. Specifically, compliance under any resulting agreement

    shall include, but not be limited to, the Contractors:

    • Compliance with its proposal representations regarding CSB, MBE, and/or FBE

    participation in the performance of the Agreement;

    • Compliance and cooperation with Project Monitors, whether from the Mayor’s Office of Equal Opportunity (the “OEO”) or the contracting department;

    • Accurate, complete, and on-time submission of all reports, forms, and documents

    including, but not limited to, employment reports, certified payrolls, monitoring forms,

    and other information the Director of the OEO may require, whether in printed or

    electronic form, to ascertain and verify Contractor’s compliance; and

    • Attendance at and participation in all required project meetings, including OEO

    compliance meetings, and progress meetings called by the contracting department

    director(s) at key intervals during performance of the contract services (e.g., 25%

    completion, 50% completion, 75% completion).

  • Page 43 of 58

    Failure to Comply- When determining the contractor’s future eligibility for a City contract,

    the City shall consider a contractor’s failure to comply with the representations of its

    proposal and the requirements under the Code as a failure to faithfully perform a contract.

    � Under the Cleveland Area Business Code, the City of Cleveland is firmly committed to

    assisting Minority Business Enterprises (MBEs), Female Business Enterprises (FBEs),

    and Cleveland- area small businesses (CSBs) by providing and enhancing economic

    opportunities to participate in City contracts. The successful proposer for a contract will

    be a firm that shares that commitment. Accordingly, a proposer is strongly encouraged to

    utilize the services of qualified MBE/FBE/CSB sub-consultants that are certified by the

    Mayor’s Office of Equal Opportunity (the “OEO”) in its proposal.

    • The standard subcontracting goal for professional services contracts is 10% Cleveland

    Area Small Business (“CSB”) subcontractor participation. Please review the attached

    Office of Equal Opportunity documents to ascertain the goal for the proposed contract.

    Proposers are required to make a good-faith effort to subcontract portions of the work

    to certified Minority Business Enterprise (“MBE”), Female Business Enterprise (“FBE”),

    and CSB firms, consistent with the subcontracting goal(s) applicable to this RFP.

    .

    • To document its good-faith effort to utilize certified MBE, FBE, and CSB sub-

    consultants, each proposer must complete Schedules 1 through 4 found in the

    Cleveland Area Business Code - Notice to Bidders and Schedules. These schedules

    identify the Proposer’s proposed use of MBE, FBE, and CSB sub-consultants on the

    project, which evidences the proposer’s good-faith effort to obtain the participation of

    certified sub-consultants. The Proposer shall submit the completed forms with its

    proposal, and they will be forwarded to the City’s Office of Equal Opportunity for

    evaluation. Failure to submit complete schedules may result in the rejection of a

    proposal

    • Proposers may obtain a listing of firms certified by the OEO as CSBs, MBEs, and

    FBEs by checking the City’s website at proposers are responsible for obtaining the

  • Page 44 of 58

    most current list and for contacting potential CSB/MBE/FBE sub-consultants. The City

    assumes no responsibility for matching prime consultants with qualified, certified MBE,

    FBE, and/or CSB sub-consultants.

    • The City Office of Equal Opportunity will monitor the participation of MBE, FBE, and/or

    CSB sub-consultants throughout the duration of the engagement or project. The

    successful proposer, as the contractor, will be responsible for providing the OEO with

    all the information necessary to facilitate this monitoring.

    • The Cleveland Area Business Code, any Regulations promulgated under the Code,

    and the OEO Notice to Bidders & Schedules are, by this reference, incorporated in

    and made part of this solicitation and any resulting contract as fully as if written in it or

    attached.

    • The successful proposer, as contractor, will be required to comply with all terms,

    conditions, and requirements imposed on a “contractor” in the following Equal

    Opportunity Clause, Section 187.22(b) of the Cleveland Codified Ordinances, and

    shall make the Clause part of every subcontractor agreement entered into for services

    or goods and binding on all persons and firms with which the proposer may deal, as

    follows: No Contractor shall discriminate against any employee or applicant for

    employment because of race, religion, color, sex, sexual orientation, national origin,

    age, disability, ethnic group or Vietnam-era or disabled veteran status. Contractors

    shall take affirmative action to ensure that applicants are employed and that

    employees are treated during employment without regard to race, religion, color, sex,

    sexual orientation, national origin, age, disability, ethnic group, or Vietnam-era or

    disabled veteran status. As used in this chapter, “treated” means and includes without

    limitation the following: recruited whether by advertising or other means;

    compensated, whether in the form of rates of pay or other forms of compensation;

    selected for training, including apprenticeship, promoted, upgraded, demoted,

    transferred, laid off and terminated. Contractors shall post in conspicuous places

    available to employees and applicants for employment, notices to be provided by the

  • Page 45 of 58

    hiring representative of contractors setting forth the provisions of this

    nondiscrimination clause.

    • Within 60 calendar days after entering into a contract, the successful Proposer, as

    Contractor, shall file a written affirmative action program with the OEO containing

    standards and procedures and representations assuring that the Contractor affords all

    qualified employees and applicants for employment equal opportunities in the

    Contractor’s recruitment, selection, and advancement processes.

  • Page 46 of 58

    XI. Attachments

    Attachment “A” EQUAL OPPORTUNITY CLAUSE

    (Section 187.22(b) C.O.)

    Each Contract also shall contain the following equal opportunity clause:

    “During the performance of this contract, the contractor agrees as follows:

    (1) The contractor shall not discriminate against any employee or applicant for

    employment because of race, religion, color, sex, sexual orientation, national origin,

    age, disability, ethnic group, or Vietnam-era or disabled veteran status. The

    contractor shall take affirmative action to ensure that applicants are employed and that

    employees are treated during employment without regard to race, religion, color, sex,

    sexual orientation, national origin, age, disability, ethnic group, or Vietnam-era or

    disabled veteran status. As used in this chapter, "treated" means and includes without

    limitation the following: recruited, whether by advertising or other means;

    compensated, whether in the form of rates of pay or other forms of compensation;

    selected for training, including apprenticeship, promoted, upgraded, demoted,

    downgraded, transferred, laid off and terminated. The contractor agrees to and shall

    post in conspicuous places, available to employees and applicants for employment,

    notices to be provided by the hiring representatives of the contractor setting forth the

    provisions of this nondiscrimination clause.

    (2) The contractor will, in all solicitations or advertisements for employees placed by or on

    behalf of the contractor, state that the contractor is an equal opportunity employer.

  • Page 47 of 58

    (3) The contractor shall send to each labor union or representative of workers with which

    he has a collective bargaining agreement or other contracts, or understanding, a

    notice advising the labor union or worker's representative of the contractor's

    commitments under the equal opportunity clause, and shall post copies of the notice in

    conspicuous places available to employees and applicants for employment.

    (4) It is the policy of the City that local businesses, minority-owned businesses, and

    female-owned businesses shall have every practicable opportunity to participate in the

    performance of contracts awarded by the City subject to the applicable provisions of

    the Cleveland Area Business Code.

    (5) The contractor shall permit access by the Director or his or her designated

    representative to any relevant and pertinent reports and documents to verify

    compliance with the Cleveland Area Business Code, and with the Regulations. All

    such materials provided to the Director or designee by the contractor shall be

    considered confidential.

    (6) The contractor will not obstruct or hinder the Director or designee in the fulfillment of

    the duties and responsibilities imposed by the Cleveland Area Business Code.

    (7) The contractor agrees that each subcontract will include this Equal Opportunity

    Clause, and the contractor will notify each subcontractor, material supplier, and

    supplier that the subcontractor must agree to comply with and be subject to all

    applicable provisions of the Cleveland Area Business Code. The contractor shall take

    any appropriate action with respect to any subcontractor as a means of enforcing the

    provisions of the Code.”

  • Page 48 of 58

    Attachment “B” Definitions per A-87:

    1. "Approval or authorization of the awarding or cognizant Federal agency" means

    documentation evidencing consent prior to incurring a specific cost. If such costs are

    specifically identified in a Federal award document, approval of the document

    constitutes approval of the costs. If the costs are covered by a State/local-wide cost

    allocation plan or an indirect cost proposal, approval of the plan constitutes the

    approval.

    2. "Award" means grants, cost-reimbursement contracts, and other agreements

    between a State, local, and Indian tribal government and the Federal Government.

    3. "Awarding agency" means (a) with respect to a grant, cooperative agreement, or

    cost-reimbursement contract, the Federal agency, and (b) with respect to a sub-

    award, the party that awarded the sub-award.

    4. "Central service cost allocation plan" means the documentation identifying,

    accumulating, and allocating or developing billing rates based on the allowable costs

    of services provided by a governmental unit on a centralized basis to its departments

    and agencies. The costs of these services may be allocated or billed to users.

    5. "Claim" means a written demand or written assertion by the governmental unit or

    grantor seeking, as a matter of right, the payment of money in a sum certain, the

    adjustment or interpretation of award terms, or other relief arising under or relating to

    the award. A voucher, invoice, or other routine requests for payment that is not a

    dispute when submitted is not a claim. Appeals, such as those filed by a

    governmental unit in response to questioned audit costs, are not considered claims

    until a final management decision is made by the Federal awarding agency.

  • Page 49 of 58

    6. "Cognizant agency" means the Federal agency responsible for reviewing,

    negotiating, and approving cost allocation plans or indirect cost proposals developed

    under this Circular on behalf of all Federal agencies. OMB publishes a listing of

    cognizant agencies.

    7. "Common Rule" means the "Uniform Administrative Requirements for Grants and

    Cooperative Agreements to State and Local Governments. Final Rule" originally

    issued at 53 FR 8034-8103 (March 11, 1988). Other common rules will be referred to

    by their specific titles.

    8. "Contract" means a mutually binding legal relationship obligating the seller to furnish

    the supplies or services (including construction) and the buyer to pay for them. It

    includes all types of commitments that obligate the government to an expenditure of

    appropriated funds and that, except as otherwise authorized, are in writing. In

    addition to bilateral instruments, contracts include (but are not limited to): awards

    and notices of awards, job orders or task orders issued under basic ordering

    agreements, letter contracts, purchase orders, under which the contract becomes

    effective by written acceptance or performance, and, bilateral contract modifications.

    9. "Cost" means an amount as determined on cash, accrual, or other bases acceptable

    to the Federal awarding or cognizant agency.

    10. "Governmental unit" means the entire State, local, or federally-recognized Indian

    tribal government, including any component thereof.

    11. "Grantee department or agency" means the component of a State, local, or federally-

    recognized Indian tribal government which is responsible for the performance or

    administration of all or some part of a Federal award.

  • Page 50 of 58

    12. "Indirect cost rate proposal" means the documentation prepared by a governmental

    unit or component thereof to substantiate its request for the establishment of an

    indirect cost rate as described in Attachment E of the OMB Circular A-87. Indirect

    costs are those: (a) incurred for a common or joint purpose benefiting more than one

    cost objective, and (b) not readily assignable to the cost objectives specifically

    benefited, without effort disproportionate to the results achieved. The term "indirect

    costs," as used herein, applies to costs of this type originating in the grantee

    department, as well as those incurred by other departments in supplying goods,

    services, and facilities. To facilitate equitable distribution of indirect expenses to the

    cost objectives served, it may be necessary to establish a number of pools of indirect

    costs within a governmental unit department or in other agencies providing services

    to a governmental unit department. Indirect cost pools should be distributed to

    benefited cost objectives on bases that will produce an equitable result in

    consideration of relative benefits derived.

    13. "Local government" means a county, municipality, city, town, township, local public

    authority, school district, special district, intrastate district, council of governments

    (whether or not incorporated as a non-profit corporation under state law), any other

    regional or interstate government entity, or any agency or instrumentality of a local

    government.

    14. "Public assistance cost allocation plan" means a narrative description of the

    procedures that will be used in identifying, measuring, and allocating all

    administrative costs to all of the programs administered or supervised by State

    public assistance agencies as described in Attachment D of this Circular.

    15. "State" means any of the several States of the United States, the District of

    Columbia, the Commonwealth of Puerto Rico, any territory or possession of the

    United States, or any agency or instrumentality of a State exclusive of local

    governments.

  • Page 51 of 58

    OBM Circular A-87

    Attachment “C”, Forms

    • Office of Equal Opportunity (OEO Forms) Click the link below to access all forms

    referenced in Attachment C.

    City of Cleveland OEO Forms

    Schedule 1:

    Schedule 2:

    Schedule 3:

    Schedule 4:

    Project Contact Information Form

    Schedule of Subcontractor Participation

    Statement of Intent to Perform as a Subcontract

    CSB/MBE/FBE Subcontractor Unavailability/

    Impracticality Certification

    • Federal Form W-9 including Taxpayer Identification Number;

    • Non-Competitive Bid Contract Statement for 2019

    • Northern Ireland Fair Labor Practices Affidavit

  • Page 52 of 58

    Attachment “D,” Proposal Checklist Include this proposal checklist with your submission to ensure that you have completed all required portions of the proposal. Incomplete submissions may be disqualified.

    PROPOSAL CHECKLIST

    (Complete and Include with Proposal Submission)

    Item Description Form Included? (Y/N)

    Management Letter Vendor to provide

    Vendor Background Information See Attachment F

    Vendor Client Reference Form See attachment G

    Fee Proposal Template See Attachment E

    Vendor Experience Checklist See Attachment H

    Schedule 1 Project Contact Information

    Form See Attachment C – OEO Form

    Schedule 2 Schedule of Subcontractor

    Participation See Attachment C – OEO Form

    Schedule 3 Statement of Intent to Perform as a Subcontractor See Attachment C – OEO Form

    Schedule 4 CSB/MBE/FBE Subcontractor

    Unavailability/Impracticality Certification See Attachment C – OEO Form

    Northern Ireland Fair Employment

    Practices Disclosure See Attachment C

    Non-Competitive Bid Contract Statement for 2019 See Attachment C

    W-9 Request for Federal Taxpayer

    Identification See Attachment C

    Completed Proposal Checklist Attachment D (This Form)

  • Page 53 of 58

    Attachment “E” Fee Proposal

    SUPPORT/SERVICE CATEGORY BILLING RATE (HR) COMMENTS

    Project Manager

    Network Security Auditor

    Network Security Engineer

    Cyber Security Engineer

    System Security Engineer

    Information Security Analyst

    Data Security Analyst

  • Page 54 of 58

    Other Resources Required

  • Attachment “F” – Vendor Background Information

    Information Requested Vendor Response, Comments or Explanation

    OVERVIEW

    1 Vendor Name

    2 Address

    3 Telephone Number

    4 Contact Person

    5 E-Mail Address

    6 Parent Company (If Applicable)

    7 Address

    8 Telephone Number

    9 Provide information about any local branch offices or support centers that might serve an account in Cleveland, OH, including the number of employee and type of services provided

    10 Provide the name of each principal

    11 Provide the year the company was established and any former firm names

    12 Provide the type of company (public or private)

    13 Provide the financial statements and annual report for the past 3 years

    Not required unless shortlisted

    14 Provide the state and type of incorporation

    15 Provide information on related services offered by the company

    PERSONNEL

    16 Provide the total number of FTEs in the company

  • Page 56 of 58

    17 Provide average years of experience of professional staff

    18 Estimated number of resources that would be dedicated to the City for the duration of the support contract

    IT CONSULTING SERVICES SUPPORT HISTORY

    19 Number of year experience the company has been in staffing support

    20 Number of Public Sector/Municipal clients (specify clients)

    21 Number of clients in the Greater Cleveland area (specify clients)

    PENDING LITIGATION

    22 Number of Pending Litigations that the company has had in the past five years. Please attach a separate document with the details of each situation (client name, date and description/cause)

    23 Number of situations where the company has been subject to liquidated damages in the past five years. Please attach a separate document with the details of each situation (client name, imposed amount, imposed date, collected amount, date collected, description/cause)

  • Page 57 of 58

    Attachment “G” – Vendor Client References (include references from three

    proje


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