Provision of a Disparity Study

September 20, 2023 REQUEST FOR PROPOSAL RP036-23 The Gwinnett County Board of Commissioners is soliciting competitive sealed proposals from qualified consultants for the Provision of a Disparity Study for the Gwinnett County Board of Commissioners. Proposals must be returned in a sealed container marked on the outside with the Request for Proposal number and Company Name. Proposals will be received until 2:50 P.M. local time on October 20, 2023 at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046. Any proposal received after this date and time will not be accepted. Proposals will be publicly opened and only names of submitting firms will be read at 3:00 P.M. A list of firms submitting proposals will be available the following business day on our website www.gwinnettcounty.com. A Webex pre-proposal conference is scheduled for 10:00 A.M.

local time on October 3, 2023. To access, dial 1- 408-418-9388, enter Access Code 2333 974 6202. All consultants are urged to attend. Questions regarding proposals should be directed to Jake Scarpone, Purchasing Associate II at jake.scarpone@gwinnettcounty.com or by calling 770-822-8722, no later than October 5, 2023. Proposals are legal and binding upon the vendor when submitted. One unbound original and five (5) copies should be submitted. Successful consultants will be required to meet insurance requirements. The Insurance Company should be authorized to do business in Georgia by the Georgia Insurance Department, and must have an A.M. Best rating of A-5 or higher. Gwinnett County does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Gwinnett County Government should be directed to the ADA Coordinator at the Gwinnett County Justice and Administration Center, 770-822-8165. The written proposal documents supersede any verbal or written prior communications between the parties. Selection criteria are outlined in the request for proposal documents. Gwinnett County reserves the right to reject any or all proposals to waive technicalities, and to make an award deemed in its best interest. Award notification will be posted after award on the County website, www.gwinnettcounty.com and companies submitting a proposal will be notified via email. We look forward to your proposal and appreciate your interest in Gwinnett County. Jake Scarpone Purchasing Asscoiate II The following pages should be returned with your proposal: Cost Schedule, Page 14 (To be submitted in a separate sealed envelope) Consultant Information, Page 15 References, Page 16 Contractor Affidavit, Page 17 Ethics Affidavit, Page 18 http://www.gwinnettcounty.com/ http://www.gwinnettcounty.com/ RP036-23 PAGE 2 REQUEST FOR PROPOSAL PROVISION OF A DISPARITY STUDY I. INTRODUCTION Gwinnett County is actively seeking experienced consultants with a strong background in conducting legally defensible Availability Analyses and Disparity Studies, focusing on assessing the utilization of various business enterprises, including M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned Enterprises. The primary goal is to determine if there is evidence of past discrimination or ongoing discrimination effects in County contracting and procurement while adhering to relevant legal, Constitutional, statutory, and case law. Qualified consultants are invited to submit proposals for this Disparity Study, covering the County and its marketplace. The study aims to evaluate the availability and utilization of these business enterprises as contractors and subcontractors in County projects, with the ultimate aim determining if there are barriers and disparities and informing effective strategies to enhance their involvement. The selected consultant will be responsible for conducting a comprehensive study aligned with constitutional mandates, governing laws, court decisions, and best practices, with a clear and concise final report and recommendations that ensure compliance with all applicable laws, regulations, and authorities. II. GWINNETT COUNTY Governed by a five-member Board of Commissioners, Gwinnett’s local government of a chairwoman elected at- large, and four commissioners elected by district for four-year terms. The Commissioners rewrote and adopted the Gwinnett County’s newly revised vision, mission, and values statements to emphasize the principles of accountability, transparency, equity, inclusivity, and innovation. Vision Statement: Gwinnett is the preferred community where everyone thrives. Mission Statement: Gwinnett proudly supports our vibrantly connected community by delivering superior services. Values: • Integrity: We believe in being honest, building trust, and having strong moral principles. • Accountability: We believe in stewardship, transparency, and sustainability. • Equity: We believe in fairness and respect for all. • Inclusivity: We believe in engaging, embracing, and unifying our communities. • Innovation: We believe in continual adaptation of technology, process, and experience. Gwinnett County’s equity and inclusion efforts are not fixated on the reality we want to leave behind, but on the future, we want to create together — a future aimed at our vision that Gwinnett is the preferred community where everyone thrives! When applied intentionally, this approach causes a change in both individual perspectives and social systems. There is no standard solution to achieve a more inclusive environment, but by valuing diversity of thought and taking practical steps toward systematic inclusion, Gwinnett County leaders are committed to building solutions that improve outcomes and strengthen the County’s vision, mission, and values. The Board of Commissioners appoints the County Administrator. To implement the Board’s directives, the County Administrator uses a management team consisting of members of his immediate staff and 14 department directors. The 14 departments that make up the executive side of the County government are Child Advocacy & Juvenile Services, Communications, Community Services, Corrections, Financial Services, Fire and Emergency Services, Human Resources, Information Technology Services, Law, Planning and Development, Police Services, Support Services, Transportation, and Water Resources. Each department director is charged with managing departmental operations in a manner which stresses efficiency, cost-effectiveness, and customer service. RP036-23 PAGE 3 In addition to the internal departments that comprise the executive side of County government, certain services are provided to residents through constitutional officers and independent elected officials. These external offices are created by the Georgia Constitution or through state law. The County has experienced remarkable growth and diversification, positioning itself as one of the most populous and dynamic counties in the state. As a result of its rapid expansion and evolving demographics, the County recognizes the need to ensure equity and inclusivity in its contracting practices. Consequently, the county seeks to engage a consulting firm to conduct a disparity study. The study is rooted in supporting the following factors: o Population Growth and Diversity: Gwinnett County has experienced substantial population growth over the years, with estimates projecting a population of over one million by 2024. This growth has been accompanied by significant diversification, making Gwinnett County one of the most diverse counties in the Southeast. As a majority-minority community with over 120 languages spoken and numerous foreign-owned companies, Gwinnett County recognizes the importance of ensuring equal opportunities for all businesses, irrespective of their backgrounds. o Increased Demand for Complex Services: The County's growth and diversification have created an increased demand for a wide range of services, including public safety, transportation, water, sewer, courts, libraries, and more. These complex services require the involvement of various contractors and vendors to meet the needs of the expanding population. To ensure fairness and equal access to these opportunities, Gwinnett County seeks to conduct a disparity study to identify any disparities or barriers that may exist in its contracting practices. o Equity and Inclusivity: Gwinnett County aims to foster an environment of equity and inclusivity in its procurement processes. By conducting a disparity study, the County, among other reasons, can evaluate whether all businesses, regardless of race, ethnicity, gender, size, or diversity, have an equal and fair opportunity and chance to compete for County contracts. The study will provide valuable information and insights, including whether or not there are potential disparities, such as substantial underutilization of minority-owned, women-owned, and other disadvantaged owned businesses, whether there is past discrimination and/or the present effects of discrimination in County contracting or procurement in the County’s relevant geographic marketplace; and propose recommendations for enhancing and increasing inclusivity in procurement and alleviating or remedying if there are any findings of specific identified discrimination. The study also will provide important and useful information, including County contracting and procurement policies and practices, availability of qualified businesses ready, willing, and able to do business with the County, which are not currently on vendor lists with the County, thereby increasing competition, qualitative and quantitative data concerning County utilization of businesses, methods to track County utilization in the future, and other marketplace data and information. o Compliance with Legal and Regulatory Requirements: Gwinnett County recognizes its obligation to adhere to legal and regulatory requirements related to equal opportunity and nondiscrimination in contracting. By conducting a disparity study, the County demonstrates its commitment to fulfilling these obligations and ensuring compliance with applicable laws, regulations, and policies at the local, state, and federal levels. o Data-Driven Decision Making: A disparity study provides a comprehensive analysis of historical and present contracting data and information and assesses whether disparities exist based on race, ethnicity, gender, or other protected classes. It offers an evidence-based approach to identify any imbalances and barriers, and to consider the development of potential strategies for improving and increasing contracting opportunities for underrepresented groups. The study's findings will enable Gwinnett County to consider, evaluate, and analyze its policies and practices, make informed decisions, and to the extent appropriate implement effective policies to promote a more equitable and inclusive business environment. RP036-23 PAGE 4 III. BACKGROUND A significant objective of conducting a disparity study is to determine whether there is the existence and, if so, the extent of discrimination and barriers for Minority and Women-Owned Business Enterprises (M/WBEs), Disadvantaged Business Enterprises (DBEs), Persons with Disabilities Business Enterprises (PDBEs), Small Business Enterprises (SBEs), Veteran-Owned Enterprises, and LGBTQ-owned businesses/enterprises in government contracting and purchasing. The study analyzes, evaluates, and determines if there is a quantifiable and statistically significant difference or disparity between their availability and utilization. The overarching goal of the County is to establish a scalable and equitable contracting environment that eliminates entry and other barriers that may exist for qualified M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses. For purposes of the study the consultant will use the definitions of M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses recognized, established, and applied by federal regulations, federal law, and relevant federal court decisions. The objectives of the disparity study include, but are not limited to, the following: • Analyzing the County's utilization and establishing a legally defensible basis for implementing race and/or gender-conscious measures in all of its contracting programs, while determining the most effective parameters for these programs. • Analyzing the availability of qualified businesses (ready, willing, and able to do business with the County), including M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses historically underutilized businesses that are capable to perform and offer professional services, construction services and materials, and other supplies and services in the relevant geographic market area of the County. • Identifying and recommending specific actions that the County can take to increase participation by M/WBEs, DBEs, PDBEs, and SBEs, and veteran-owned, and LGBTQ-owned enterprises irrespective of race and/or gender. • Assessing, quantifying, and evaluating whether there is specific identified discrimination in County contracting and procurement, and, if so, the prevalence, magnitude, and extent of any marketplace discrimination of M/WBEs, DBEs, PDBEs, SBEs, veteran-owned, and LGBTQ-owned enterprises. This analysis will focus on certain specific industries, including construction, professional services (design and engineering), and goods and services procured by the County. • Providing and recommending practical, workable, legal, and implementable measures and approaches to enhance the participation of M/WBEs, DBEs, PDBEs, and SBEs, and veteran-owned, and LGBTQ-owned enterprises in County contracting and procurement, with scalability for the future, and complying with applicable court decisions, Constitutional and statutory law, and other authorities. • Establishing a practical, relevant, and transparent system for tracking and verifying data related to the participation of M/WBEs, DBEs, PDBEs, and SBEs, and veteran-owned, and LGBTQ-owned enterprises in County contracting and procurement. • Establishing whether there is a compelling governmental interest, a strong and firm basis in evidence, and a legally defensible justification that complies with the relevant court decisions, Constitutional and statutory law, and other authorities for determining if there is and remedying specific identified discrimination in the County’s marketplace based on the study’s findings and conclusions. • Recommending narrow tailored and effective measures and parameters for remedying any findings of identified discrimination, including serious consideration of workable race, ethnic, and gender neutral measures, determining if there is a legal justification and need for implementing a race, ethnic, and/or gender conscious contracting program, and making recommendations for the elements of such narrow tailored programs that complies with the relevant court decisions, Constitutional and statutory law, and other authorities. The disparity study must address, follow, comply with, and satisfy the legal standard and analysis established in and applied by the United States Supreme Court, as held in City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989) (“Croson”), and the relevant court decisions and authorities that have followed Croson, including in the Eleventh Circuit RP036-23 PAGE 5 Court of Appeals. The Court in Croson and cases that have followed Croson emphasized the importance of statistical evaluation, comparing the percentage of qualified, ready, willing, and able minority business enterprises in the relevant market with the percentage of total contract dollars awarded to them. It also highlighted the need to compare the percentage of qualified, ready, willing, and able minority business enterprises with the percentage of public contract dollars awarded to them in specific markets. The study must analyze and provide quantitative and qualitative evidence, including concerning the availability of qualified businesses in the County’s relevant geographic market area, firm qualifications, willingness, capacity, and ability to perform County contracting and procurement, if there are any statistically significant disparities in public and private contracting by prime and subcontractors, utilization by the County in its contracting and procurement, if there is specific identified discrimination or its present effects in connection with its contracting and procurement, and related information. The disparity study should not be limited to case law, but consider all applicable statutory and state law, local County laws, authorities, and jurisprudence to guide its development and execution. Anecdotal and qualitative evidence must also be collected and analyzed, and the study should consider guidance and experiences from other jurisdictions. The study should examine whether the County is a “passive participant” in a system of racial discrimination or marketplace discrimination in the private sector as defined by Croson and relevant court decisions. Ultimately, the Consultant should prepare a disparity study that is legally defensible within the current legal framework and analysis and foreseeable future legal developments. IV. SCOPE OF SERVICES 1. Overview The quantitative, objective statistical evidence and qualitative evidence in the disparity study should cover a period that ensures a robust and comprehensive analysis and that complies with relevant court decisions. The County proposes that the study should encompass at least the most recent five fiscal years, including as much of the current fiscal year as practically possible. The data collected and analyzed should include and be broken down by all County contracts and expenditures for specific industries involving construction services, professional services, and other goods and services, including design and construction of public works and buildings. The estimated contract duration is twelve (12) months, with the possibility of an extension for up to eighteen (18) months if justified and necessary and approved by the County. Consultants are required to propose a detailed schedule and plan of all tasks and services, including deliverables with start and completion dates. The awarded Consultant must be prepared to deliver the final draft of the disparity study for review by the County within eleven (11) months from contract execution and a final report within twelve (12) months from the contract execution date. 2. Required Services The Consultant(s) shall perform the following components and services to produce a comprehensive, relevant, effective, data-driven, legally supportable, objective, and enforceable disparity study that complies with and follows constitutional law, the strict scrutiny standard, the Supreme Court decision in Croson and relevant court decisions up to the time the Final report is delivered, statutory, state and local government laws, County laws, ordinances, policies and procedures, and other legal authorities and criteria. a. Legal Review The Legal Review should analyze, apply, and summarize the Consultant’s understanding of the Croson decision and subsequent relevant court decisions, including by the Eleventh Circuit Court of Appeals and cases within the Eleventh Circuit, and other applicable authorities, guidance, and judicial findings. It should address the analysis, legal standards, evidentiary burdens, and elements covered in a disparity study following, complying with and in a manner consistent RP036-23 PAGE 6 with Croson, its progeny, and by court decisions within and by the Eleventh Circuit. The study also should consider applicable state of Georgia case law and statutory authority, and any relevant County contracting and procurement policies and practices. b. Data Collection The Consultant is responsible for obtaining and conducting the data collection required for the analysis and final written report. This includes identifying, researching, compiling, and analyzing all necessary data. In cases where actual procurement data and records are incomplete and cannot be otherwise obtained by the Consultant, only legally justified and statistically valid sampling and estimating methods, which are established and recognized by statisticians and economists and approved by the relevant court decisions, may be used. The Consultant is responsible for ensuring the legal sufficiency of the methods and methodology, analysis and data used. The County will provide access to its records to the extent possible. The Consultant shall identify the methodology it will use for data collection for the Disparity Study. c. Relevant Geographic Market The Consultant shall follow and comply with approved methodology by court decisions involving Disparity Studies and established economic standards to determine the relevant geographic market area for County contracting and procurement. The Consultant shall identify the methodology it is going to use to determine the Relevant Geographic Market for this Disparity Study. d. Availability Analysis The Consultant shall follow and comply with approved methodology by legally defensible court decisions, and analyze and determine the availability of qualified, ready, willing, and able businesses, taking into account their capacity, including M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses categories (by race, ethnic group and gender) and other businesses not owned by these groups, for construction, professional services, and supplies/services in the relevant geographic market area. The Consultant shall identify the methodology it will use for the Availability Analysis for the Disparity Study. The study should include, but not be limited to, the following steps: • Categorize and verify the industry of each identified business (by race, ethnic group, and gender) based on the classification of construction, goods/supplies, and services, using the North American Industry Classification System (NAICS) code or a clear description if no NAICS code exists. • Determine the total number and percentage of M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses identified for each classification and in total as qualified, ready, willing, and able to do business with the County. • Analyze the availability (ready, willing, and able to do business with the County) of all contractors, including majority owned businesses and M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses, including where applicable as prime contractors and subcontractors. The availability should be broken down by each of these groups by race, ethnicity, and gender and by majority-owned businesses and by specific industries applying methodology approved by court decisions. • Applying the relevant geographic market area for County contracting and procurement, provide an analysis of the availability of M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses (by race, ethnic group, and gender) in each of these classifications. RP036-23 PAGE 7 • Determine the existence of racial, ethnic, and/or gender discrimination that may cause barriers to or impact the availability and capability of M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses. e. Utilization Analysis The Consultant shall research and evaluate all contract awards and payments made by the County during the study period to determine and analyze the utilization of M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses (by race, ethnic group, and gender) in the relevant industries and market areas. The Consultant shall identify the methodology it will use for the Utilization Analysis for the Disparity Study. The analysis should include the following and any other information required by appropriate economic and statistical analysis and court decisions: • Analyze all contracting and purchases in total, and in addition analyze purchases and contracting broken down within applicable procurement thresholds: under $10,000, $10,000 to $50,000, $50,000 to $100,000, $100,000 to $500,000, $1,000,000 to $5,000,000, and over $5,000,000. • Analyze all contracting and purchases to determine the actual utilization of M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses. • In determining utilization follow court decisions. • Analyze competitively awarded contracts by the County, considering the procurement method based on applicable laws. • Include cooperative contracts and identify and classify contracts based on major classifications (construction, design, engineering, goods and supplies, professional services, goods, and services combined). • Analyze the utilization of prime contractors and subcontractors, including the utilization of M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses as prime contractors and subcontractors. The utilization should be broken down by each of these groups by race, ethnicity, and gender and by majority-owned businesses and by specific industries. • Specify the percentage, number, and dollar value of contracts awarded and payments made to M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses for each industry and classification. • Determine the percentage, number, and dollar value of subcontracts awarded to M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses. • Determine the number of M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses awarded and paid for contracts, including subcontractors. • Identify general trends based on findings and expected future trends. f. Statistical Disparity Analysis Based on the information gathered from the Availability Analysis and Utilization Analysis, the Consultant shall conduct a Statistical Disparity Analysis, following the appropriate acceptable economic, statistical, and legal methodologies approved by the court decisions, to determine whether there is a legally significant, statistical disparity in the availability and utilization of qualified M/WBEs, DBEs, PDBEs, diversity-certified businesses (by race, ethnic group and gender) for each specific industry and services or goods provided to the County. The Consultant shall identify the methodology it will use for the Statistical Disparity Analysis for the Disparity Study. The analysis should follow the court decisions, and include, but not be limited to, the following: • Provide the number and percentage of M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ- Owned businesses used by the County in each classification. RP036-23 PAGE 8 • Distinguish between M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses working as prime contractors and those working as subcontractors, if applicable. • Determine and compare the utilization of M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses (as prime contractors and subcontractors) in each classification and industry, analyzing contract awards and payments by the County within the market area. • Determine if there is a statistically significant disparity in the utilization of M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses (by race, ethnic group, and gender) in specific classifications or subgroups. • Compare the findings with contract awards and payments to M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses, assessing disparities in participation according to County policies, federal and state laws, and local ordinances. • If a disparity exists, determine its extent and possible causes, including active or passive discrimination against M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses or the presence of discriminatory effects. Apply established, recognized, and appropriate economic and statistical methodology and analysis approved by court decisions, including controlling for variables and causes other than race, ethnicity, or gender. Provide recommendations to address and remedy the disparity. g. Procurement and Contracting Policies and Practice Review Conduct a comprehensive review and assessment of the historical and present procurement policies, programs, laws, rules, regulations, procedures, processes, and practices implemented by each respective County department engaged in contracting and procurement determinations. Determine if these policies, programs, and practices impose barriers that discriminate against M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses in their application or implementation. The review should include, but not be limited to, the following: • Review policies, procedures, and practices related to small-dollar contracts or purchases below the written contract threshold (e.g., under $10,000 and $10,000-$50,000). Document findings and recommendations. • Determine if and identify and document any barriers, both passive and active, that hinder full M/WBE/DBE/SBE participation in the County's procurement and contracting process. • Determine if and examine and document any discrimination or the ongoing effects of past discrimination against M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses caused by the County's contracting and procurement practices or procedures. • Provide recommendations for changes or revisions to remedy any specific identified past discrimination or its present effects and to enhance M/WBE/DBE/SBE participation in the County's purchases and contracts. h. Quantitative and Qualitative Analysis of Marketplace Conditions The Consultant shall identify the methodology it will use for the Quantitative and Qualitative Analysis of Marketplace Conditions for the Disparity Study. This analysis shall include, but is not limited to, the following: • Analysis of anecdotal information, focus groups, surveys, and in-depth interviews with business owners, trade associations, and others. • Examination of Census Bureau and other appropriate data. • Results from the availability survey and other data sources on conditions of M/WBEs in the County relevant marketplace. • Consideration of any barriers to employment entry and advancement that impact business ownership in study industries. • Examination of business ownership analyzing whether there are differences in business ownership rates based on race, ethnicity, and gender in the County marketplace study industries after using regression analysis RP036-23 PAGE 9 or other appropriate methodology controlling for factors including education, age, family status, and homeownership. • Analysis of access to capital and analyzing whether there are differences in access to capital based on race, ethnicity, and gender in the County marketplace study industries after using regression analysis or other appropriate methodology controlling for relevant factors other than race, ethnicity, or gender. • Examination of business formation and analyzing whether there are differences in business formation based on race, ethnicity, and gender in the County marketplace study industries after using regression analysis or other appropriate methodology controlling for relevant factors other than race, ethnicity, or gender. • Other relevant quantitative and qualitative marketplace conditions and any link to the County’s contracting or procurement. i. Passive Participation Investigation and Analysis Collect, analyze, and include quantitative data and anecdotal evidence (e.g., from public meetings, interviews, surveys) to determine if the County has been a “passive participant” in market area discrimination, as that term is defined by Croson and other court decisions. Investigate, describe, and evaluate whether there are discriminatory practices by the private sector in the County market area and industries covered by the study. Analyze any links between the County's contracting and procurement practices, institutional practices or barriers, and discrimination by the private sector in the County’s marketplace. The Consultant shall identify the methodology it will use for the Passive Participation Investigation and Analysis for the Disparity Study. The Consultant shall consider relevant factors including, but not limited to, the following: • Whether there are barriers to the upward mobility of minorities, women, veterans, and other historically marginalized groups in business ownership within relevant industries. • Any barriers and issues related to the development and expansion of M/WBEs, DBEs, PDBEs, SBEs, Veteran- Owned Enterprises, and LGBTQ-Owned businesses. • Whether there are discriminatory practices by local business associations, trade associations, unions, suppliers, service providers, financial lending institutions, bond and surety companies, insurance companies, and other market influencers that hinder M/WBE/DBE/SBE success. • Any other patterns of discrimination resulting in a disparate impact on or disproportionately low number of M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses in the market area. • Perform appropriate, established, and recognized statistical and economic methodologies and analysis. • Determine and identify whether there is evidence of barriers and discrimination in lending, business formation, fair competition between M/WBEs or DBEs and majority-owned firms or other marketplace discrimination in the County’s marketplace. • Determine and identify whether there is a link between the County’s disbursement of public funds for contracts and the channeling of those funds due to private discrimination or evidence of marketplace discrimination and any link to the County spending practices with its contractors to private discrimination. j. Consideration and Recommendations of Potential Race and Gender-Neutral Measures and Programs Identify, describe, and analyze the effectiveness of any race-neutral and gender-neutral measures considered and/or implemented by the County to increase M/WBE and DBE participation in County contracting and procurement. Recommend race-neutral and gender-neutral means to address any substantial disparities, discrimination or issues found by the disparity study. Identify specific workable neutral measures and options that can be considered by the County to implement and to remedy any substantial disparities, discrimination, or issues, and to effectively increase RP036-23 PAGE 10 M/WBE/DBE/SBE, Veteran-Owned businesses, and LGBQT-Owned business participation in County contracting and procurement. Outline the necessary resources to establish and implement such neutral measures and programs. k. Meetings Schedule and conduct regular bi-monthly meetings with the County and other relevant parties as approved by the County. Key project personnel should attend these meetings, and agendas should be provided at least five (5) days in advance. 3. Deliverables a. Reports and Documentation Provide monthly progress reports to the County, including project status, any proposed schedule changes, work product status (including work begun, in process, or completed), adjustments to the scope of work, team personnel, meetings, communications with County personnel, look-ahead for upcoming months, unanticipated issues, and any other relevant information. Submit a draft of the final report 60 days before the deadline. Engage in regular bi-monthly discussions and meetings with the County regarding any comments and questions from and to the County. Address any comments and questions by the County within 30 days of receipt. Submit the Draft report and the Final report on the mutually agreed-upon dates specified in the contract. b. Oral Presentations Engage in and conduct an initial Kick-Off meeting with the County. Organize an initial informational meeting with the County and certain key stakeholders. Deliver at least two formal presentations of the Final Report to the County and additional presentations as needed. Any costs associated with in-person and virtual presentations must be included in the lump sum pricing. c. Data Delivery Furnish data collected for the disparity study in a specified and mutually agreed-upon format that allows for ongoing review, data analysis, tracking and development of procurement and contracting programs and operations. Any information or documents considered as trade secret or confidential should be identified and designated, including any confidential anecdotal interviews or communications claimed to be exempt from the Georgia Open Records Act. d. Develop and Maintain Website The proposer is expected to create and maintain a dedicated website as part of the RFP disparity study support. This website will serve as a central hub for the community to access comprehensive information, status reports, and study- related content. Responsibilities include developing a user-friendly website, regularly updating it with progress reports, providing detailed information about the study's objectives and methodologies, and establishing a platform for community members to submit written statements and inquiries. By doing so, the vendor will enhance transparency, engagement, and accessibility throughout the disparity study, ensuring effective communication and support for its objectives. e. Other Deliverables Proposed by Proposer Include any additional deliverables proposed by the Proposer, such as actions, recommendations, and resources following the Final Report or any litigation support. RP036-23 PAGE 11 V. REQUEST FOR PROPOSALS 1. Gwinnett County will not pay any Consultant for work done in preparation of this proposal. 2. One (1) unbound original (designated as original) and three (3) bound copies of the proposal should be submitted. All copies of the proposal must be identical. The full cost of proposal preparation is to be borne by the proposing consultant. The original proposal should be signed in ink by a company official who has authorization to commit company resources. The Cost Proposal shall be submitted in a separate sealed envelope as it is evaluated at a separate time. 3. Proposal shall be submitted in a sealed envelope/package. Envelope/package shall be addressed to Gwinnett County Purchasing Division, Gwinnett Justice and Administration Center, Second Floor, 75 Langley Drive, Lawrenceville, GA 30046 and should be identified with the proposal number and company name on the outside. 4. Sole responsibility rests with the Consultant to ensure their proposal is received on time at the above stated location. 5. Proposals submitted by alternate means other than those specified in this solicitation will be rejected and disposed of accordingly. This includes proposals sent by facsimile, email, or any other electronic or telegraphic means. If the County receives a proposal through such alternate means, the County does not assume any burden or liability to notify the Consultant that the proposal has been rejected. 6. Proposers are to follow the instructions outlined in this solicitation and failure of the Proposer to do so may result in the County deeming the Proposer’s submittal as non-responsive. Consultants are expected to allow adequate time for delivery of their proposals either by hand delivery, postal service or other means. Late proposals will not be accepted and will be returned to the Proposer. 7. Between the date of the issuance of the solicitation and the date of the final contract award, individuals, firms and businesses seeking an award of a Gwinnett County contract may not initiate or continue any verbal or written communications regarding a solicitation with any County officer, elected official, employee or other County representative without permission of the Purchasing Associate named in the solicitation. Violations will be reviewed by the Purchasing Director. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business may be disqualified from consideration for award. This process is to ensure that all prospective respondents have the same level of knowledge relative to the RFP, as well as, ensuring any additional data is made available to all proposers. 8. Submitted proposals and all documentation regarding the proposals will not be made available to the public until such time that an official action has been taken to award or reject this solicitation. All proposals and supporting materials, as well as correspondence relating to this RFP, become property of Gwinnett County when received and will be subject to the Georgia Open Records Act. 9. All applicable State of Georgia and Federal laws, City and County ordinances, licenses and regulations of all agencies having jurisdiction shall apply to the Consultants and services throughout and incorporated herein by reference. The Agreement with the selected Consultant, and all questions concerning the execution, validity or invalidity, capacity of the parties, and the performance of the Agreement, shall be interpreted in all respects in accordance with the Charter and Code of Gwinnett County and the laws of the State of Georgia. RP036-23 PAGE 12 VI. PROPOSAL SUBMISSION REQUIREMENTS Proposal Submission Content The Consultant’s Proposal shall be responsive to the specific range of tasks, specifications, and submissions described in this Request for Proposal. Consultants should read the Request for Proposal carefully to ensure that they address the specific requirements of this Request for Proposal and submit all requested information. Proposing Consultants will be evaluated and scored based on the information provided in their proposals as it relates to this Request. Any additional information provided by the proposing firms will not be considered and is discouraged. The Consultant’s Proposal shall be organized in the order and format described below. Respondents are encouraged to submit clear and concise responses, and excessive length or extraneous information is discouraged. To ensure our ability to evaluate and choose a successful Consultant for this project, respondents are encouraged to be responsive to the specific range of issues requested in this solicitation. Submission of excessive “boiler plate” information, including sales brochures, is discouraged. Proposers should not submit website links in lieu of written responses. Website links and any information contained within may not be reviewed or considered by Gwinnett County. TAB A – Firm Experience – 25 points Provide a narrative description of the company’s history, purpose, range of services, resources, and past and current business activities. In the latter area, describe in detail the company’s experience in conducting a Disparity Study . Describe any special capabilities of the company, such as resources, programs, or practices that set it apart from other firms. Provide links to or hard copies of two similar completed Disparity Studies within the last three (3) years. State and identify whether the firm or a local or state government or other client for which it performed a Disparity Study has been sued or challenged regarding or concerning a Disparity Study it performed, and the result of such suit. State and identify whether the firm has been terminated by a local or state government or other client that it was engaged to perform a Disparity Study. State and identify whether the firm has not completed a Disparity Study that it was engaged to conduct, and the reasons for it not completing the Study, and whether any Study it conducted has not been approved or used by the local or state government client. TAB B – Experience, Skills and Qualifications – 25 points Provide a staffing plan for the proposed services, including the project manager and the use of any subconsultant. Provide resumes of key personnel, including subconsultant. Detail the employees’ and subconsultant qualifications and relevant experience of personnel to be assigned to the proposed team. Provide the experience of the Consultant conducting and leading Disparity Studies, and the subconsultant. TAB C – Project Understanding – 25 points Provide an in-depth detailed response to each of the proposal submission requirements, including showing an understanding of the Project, to indicate the understanding of the scope, size, and complexity of Deliverables. TAB D – Project Management – 15 points Provide a detailed proposed schedule for starting and concluding each study task and delivery of the Deliverables, management of the work, delegation of responsibility, work plans, use of subconsultant for each task they are performing, cost control, reporting and quality control, and subcontracting arrangements. TAB E – References – 10 points Provide three (3) satisfactory references where a Disparity Study for a comparable local or state government has been completed with a scope and size similar as the proposed project within the past five (5) years. Each reference should include the client’s name, address with current contact information, dates/duration of the project, results of the project, and a brief description of the project. RP036-23 PAGE 13 Proposal Fees – 10 Points Provide a cost proposal as outlined in the Cost Proposal within this Request for Proposal. Submit Fee Schedule in a separate sealed envelope clearly marked “COST PROPOSAL” and the Proposal number written on the outside of the envelope. VII. PROPOSAL EVALUATION PROCESS A proposal committee will be assigned to review, evaluate, and rank all responsive proposals utilizing an evaluation scoring system. Part I – Initially, proposals will be evaluated based on their relative responsiveness to the specifications of the Request for Proposal, including the criteria A-E above and with those point values weighted as shown above. Part II – Firms may be short-listed for further consideration. The fee schedules of the short-listed firms from Part I will be opened, reviewed, and scored. With the lowest cost receiving the most points and the other firms receiving proportional points based on the differences in proposal costs. Part III – At the discretion of the County, or as deemed in its best interest, firms may be short-listed a second time for an interview/presentation. The County in its sole discretion may decide if interviews are to be conducted for selection, and if interviews are conducted of short-listed firms, an evaluation will be performed that will be worth an additional 0-10 points in the selection process. The number of firms shortlisted and interviewed will be at the sole discretion of the selection committee. The Consultant will be responsible for any cost associated with the request for an interview. If an agreement with the highest-ranked firm(s) cannot be reached, the County may then negotiate with the second- ranked firm and so on until a satisfactory agreement has been reached. Criteria Tab Points Part I Firm Experience A 25 Experience, Skills and Qualifications B 25 Project Understanding C 25 Project Management D 15 References E 10 Sub-Total 100 Part II Costs (Submitted in a separate sealed envelope) 10 Total 110 Part III Optional Interview 10 Total with Interview 120 RP036-23 PAGE 14 Failure to return this page as part of the proposal document may result in rejection of proposal. COST PROPOSAL (to be submitted in a separate sealed envelope) Total lump sum fee to complete a Disparity Study, per attached specifications. This fee must include ALL costs associated with this project. $______________________________________________________ LUMP SUM AMOUNT NOT TO EXCEED ***FOR INFORMATIONAL PURPOSES ONLY. Please attach a list of positions that will be used for this project and their hourly rates. This information will not be used in determining award. Certification of Non-Collusion in Bid Preparation (Signature) (Date) In compliance with the attached specifications, the undersigned offers and agrees, if this quote is accepted by the Board of Commissioners within one hundred and twenty (120) days of the date of quote opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the quote schedule. By submission of this quote, I understand that Gwinnett County uses Electronic Payments for remittance of goods and services. Vendors should select their preferred method of electronic payment upon notice of award. For more information on electronic payments, please refer to the Electronic Payment information in the instructions to bidders. Legal Business Name Representative Signature Print Authorized Representative's Name http://www.gwinnettcounty.com/portal/gwinnett/Departments/FinancialServices/Treasury/ RP036-23 PAGE 15 Failure to return this page as part of the proposal document may result in rejection of proposal. CONSULTANT INFORMATION ***Please include this page as part of the proposal document and NOT with the Cost Schedule.*** The undersigned acknowledges receipt of the following addenda, listed by number and date appearing on each: No. Dated No. Dated No. Dated No. Dated No. Dated No. Dated Certification Of Non-Collusion in Proposal Preparation (Signature) (Date) In compliance with the attached specifications, the undersigned acknowledges all requirements outlined in the "Instructions to Vendors" and all documents referred to therein. offers and agrees, if this proposal is accepted by the Board of Commissioners within one hundred twenty (120) days of the date of proposal opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the fee schedule. Legal Business Name Address Does your company currently have a location within Gwinnett County? Yes No Representative Signature Print Authorized Representative's Name Telephone Number Fax Number E-Mail Address Contact Person (if someone other than the authorized representative listed above) ___________________________________________________ Telephone Number Fax Number E-Mail Address RP036-23 PAGE 16 Failure to return this page as part of the proposal document may result in rejection of proposal. REFERENCES Provide three (3) satisfactory references where a Disparity Study has been completed with a scope and size like the proposed project within the past five (5) years. Each reference should include the customer’s name, address with current contact information, dates/duration of the project and a brief description of the project. Note: References should be customized for each project, rather than submitting the same set of references for every project bid. The references listed should be of similar size and scope to the project being bid on. Do not submit a project list in lieu of this form. 1. Customer Name/Address Brief Description of Project Completion Date Contract Amount $ Start Date Contact Person Telephone E-Mail Address 2. Customer Name/Address Brief Description of Project Completion Date Contract Amount $ Start Date Contact Person Telephone E-Mail Address 3. Customer Name/Address Brief Description of Project Completion Date Contract Amount $ Start Date Contact Person Telephone E-Mail Address Company Name P018-22 PAGE 17 Solicitation Name & No. RP036-23, Provision of a Disparity Study CONTRACTOR AFFIDAVIT AND AGREEMENT (THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH YOUR SUBMITTAL) By executing this affidavit, the undersigned contractor verifies its compliance with The Illegal Immigration Reform Enhancements for 2013, stating affirmatively that the individual, firm, or corporation which is contracting with the Gwinnett County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security] to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act, in accordance with the applicability provisions and deadlines established therein. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services or the performance of labor pursuant to this contract with the Gwinnett County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with the Illegal Immigration Reform and Enforcement Act on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Gwinnett County Board of Commissioners at the time the subcontractor(s) is retained to perform such service. _________________________________________ _____________________________________ E-Verify * User Identification Number Date Registered _________________________________________ Legal Company Name _________________________________________ Street Address _________________________________________ City/State/Zip Code _____________________________________ _____________________________________ BY: Authorized Officer or Agent Date (Contractor Signature) __________________________________________ Title of Authorized Officer or Agent of Contractor ___________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _______ DAY OF ______________________, 20_______ ________________________________________________ Notary Public My Commission Expires: ___________________________ * As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is “E-Verify” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA). For Gwinnett County Use Only: Document ID #________________ Issue Date: ___________________ Initials: ______________________ P018-22 PAGE 18 Solicitation Name & No. RP036-23, Provision of a Disparity Study CODE OF ETHICS AFFIDAVIT PLEASE RETURN THIS FORM COMPLETED WITH YOUR SUBMITTAL. SUBMITTED FORMS ARE REQUIRED PRIOR TO EVALUATION. In accordance with Section 54-33 of the Gwinnett County Code of Ordinances the undersigned bidder/proposer makes the following full and complete disclosure under oath, to the best of their knowledge, of the name(s) of all elected officials whom it employs or who have a direct or indirect pecuniary interest in or with the bidder/proposer, its affiliates or its subcontractors: 1. __________________________________________________________________________________________ Company Submitting Bid/Proposal 2. Please select one of the following:  No information to disclose (complete only section 4 below)  Disclosed information below (complete section 3 & section 4 below) 3. If additional space is required, please attach list: Gwinnett County Elected Official Name Gwinnett County Elected Official Name Gwinnett County Elected Official Name Gwinnett County Elected Official Name 4. BY: Authorized Officer or Agent Signature Printed Name of Authorized Officer or Agent Title of Authorized Officer or Agent of Contractor Sworn to and subscribed before me this day of , 20 Notary Public (seal) Note: See Gwinnett County Code of Ethics Ordinance EO2011, Sec. 54-33. The ordinance will be available to view in its’ entirety at GwinnettCounty.com RP036-23 PAGE 19 GWINNETT COUNTY INSURANCE REQUIREMENTS 1. Statutory Workers' Compensation Insurance (a) Employers Liability:  Bodily Injury by Accident - $100,000 each accident  Bodily Injury by Disease - $500,000 policy limit  Bodily Injury by Disease - $100,000 each employee 2. Commercial General Liability Insurance (a) $1,000,000 limit of liability per occurrence for bodily injury and property damage/$2,000,000 aggregate (b) The following additional coverage must apply:  1986 (or later) ISO Commercial General Liability Form  Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04)  Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations or a separate endorsement covering Completed Operations)  Blanket Contractual Liability  Broad Form Property Damage  Severability of Interest 3. Auto Liability Insurance (a) $500,000 limit of liability per occurrence for bodily injury and property damage (b) Comprehensive form covering all owned, non-owned, leased, hired, and borrowed vehicles (c) Additional Insured Endorsement (d) Contractual Liability 4. Professional Liability Insurance - $5,000,000 (project specific for the Gwinnett County project) limit of liability per claim/aggregate or a limit of $5,000,000 per occurrence and $10,000,000 aggregate.  Insurance company must be authorized to do business in the State of Georgia. 5. Cyber Liability Insurance- $3,000,000 limit per occurrence and $5,000,000 aggregate. Coverage will include losses due to data breach or malicious software attack. Coverage will include compensation for attorney’s fees, court ordered judgements, and settlement associated with, but not limited to, data breach lawsuits where county’s data and services maintained on vendor’s systems are compromised due to actions of vendor in support of County’s system. The following coverages will include: a) First-party Cyber Liability: Cyber liability insurance reimburses County for any ransom and for the cost of hiring someone to investigate and determine the source of the attack. Situations may include, but are not limited to the following: b) Data breach or cyberattack at software solutions provider business (e.g. hosting environment); or c) A situation where County’s data/services are compromised resulting in: 1. Compliance fines 2. Cyber extortion ransoms RP036-23 PAGE 20 3. Digital forensic investigation 4. Notifying affected customers 5. Credit and fraud monitoring services 6. Public relations 7. Business interruption expenses, such as hiring additional staff, renting equipment, or purchasing third-party services d) Third-party Cyber Liability: Third-party coverage will be required for a Successful Proposer providing data hosting and management services for the County. 6. Certificate Holder should read: Gwinnett County Board of Commissioners 75 Langley Drive Lawrenceville, GA 30046-6935 Gwinnett County Board of Commissioners (and any applicable Authority) should be shown as an additional insured on General Liability, Auto Liability, and Cyber Liability policies/coverage. 7. The cancellation should provide 10 days notice for nonpayment and 30 days notice of cancellation. 8. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-5 or higher. Certain Workers' Comp funds may be acceptable by the approval of the Insurance Unit. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-5 or better. 9. Insurance Company should be licensed to do business by the Georgia Department of Insurance. 10. Certificates of Insurance, and any subsequent renewals, must reference specific bid/contract by project name and project/bid number. 11. The Contractor shall agree to provide complete certified copies of current insurance policy(ies) or a certified letter from the insurance company(ies) if requested by the County to verify the compliance with these insurance requirements. 12. All insurance coverage required to be provided by the Contractor will be primary over any insurance program carried by the County. 13. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every Subcontractor in any tier, and shall require each and every Subcontractor of any tier to comply with all such requirements. Contractor agrees that if for any reason Subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and maintained by Contractor at Contractor's expense. 14. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all