Bond Counsel Services for Beaufort County

Title: Bond Counsel Services for Beaufort County Deadline: 9/21/2022 3:00 PM (UTC-05:00) Eastern Time (US & Canada) Status: Open Solicitation Number: RFP 081822 Description: The County is seeking offers from qualified legal firms experienced in the field of municipal finance to provide comprehensive Bond Counsel Services Pre-Bid Meeting Details: There will be no meeting Problem Occurred × Please retry Ok Confirmation × Are you sure you want to remove line item? Yes No Missing Information × Ok Confirmation × Are you sure you want to remove attachment? Yes No Documents: Documents as of 7/19/2022 Login to view documents All Additions Questions Addition 1 Posted: 8/11/2022 Type of Addition: Notification Overview: We are working on an Addendum to provide answers to questions. The Addendum will be posted sometime between the 15th and 17th of August. Addition 2 Posted: 8/15/2022 Type of Addition: Response Date Extension Overview: Please note the response date has changed to 3:00pm on

September 13, 2022 Deadline: 9/13/2022 3:00 PM Addition 3 Posted: 9/1/2022 Type of Addition: Addendum #1 Overview: Please note the response date change as well as the Addendum with Q&A and the revised solicitation. Deadline: 9/21/2022 3:00 PM Documents: Login to view documents Login to view documents Question 1 Posted: 8/8/2022 Question: QUESTIONS/CLARIFICATION REQUESTS FROM BURR & FORMAN LLP TO REQUEST FOR PROPOSALS Bond Counsel Services for Beaufort County RFP#081822 We would request responses to the below questions/clarification requests related to the above-referenced Request for Proposals. 1. Responses Due Date The Request for Proposals states a due date of August 18, 2022, at 3:00 p.m.; the website states a due date of August 19, 2022, at 3:00 p.m. Please clarify which date is accurate. 2. Submission On the cover page contained as the first page of the document, it states that proposals must be submitted electronically through Vendor Registry. On the page entitled Important Electronic Submittal Instructions, it states that response submittals will ONLY be received electronically and must be submitted ONLINE prior to the date and time listed on the cover page of this RFP document. Under item 3.3 of the Special Instructions on page 21 of the Request for Proposals, it states that: “Each copy of the Request for PROPOSALS should be bound in a single volume where practical. All documentation submitted with the Request for PROPOSALS should be bound in that single volume. Also, on the page entitled Important Electronic Submittal Instructions, it states: All requested information and forms MUST be uploaded as one file if possible. If necessary to have more than one upload, pricing, and signed acknowledgements, etc. are to be in the first upload and the Pricing Information should be in the second, with each titled accordingly. It appears that the pricing would be included in both uploads. Under Proposals Submission Instructions on page 10, it states: 1. Electronically submit two separate files, to the Procurement Services Director by using the Vendor Registry process through our County Website at www.beaufortcountysc.gov. Both files must contain the Vendors name and file name: a. Proposals Submittal Contents Exhibits A and B. b. Fee Schedule Can you please verify the entire submission process? 3. Federal Clauses As Bond Counsel, we do not subcontract any services. Could you please confirm as such that we will not be subject to the Federal requirements stated on page 3 of the Request for Proposals? 4. Portfolio Management Pages 5 and 6 of the Request for Proposals references to the County’s portfolio. Could you please confirm that this only relates to investments related to proceeds received from the issuance of bonds? 5. Tax Counsel On page 5, there are two references to “expert” advice. Attorney are not allowed to hold themselves out as “experts.” We would suggest changing this language to “highly competent” advice. 6. Bond Counsel Services With regard to number 5 on page 6, the continuing disclosure services are provided on behalf of the County as the issuer of the bonds. We would suggest removing reference to the Treasurer. With regard to number 7 on page 7, participating in calls with rating agencies and bond insurer are an integral part of any bond issue. We would suggest removing “when requested.” 7. Confidential Information We believe the word “not” should be removed from the first line at the top of page 9. As the sentence reads now we believe it is contradictory. 8. Proposal Submittal Contents Could you please provide an explanation of the request in number 2 on page 11. 9. Reserved Rights In the second paragraph on page 12, we believe that the last sentence is inaccurate and believe it should be deleted since it states on page 4 that Bond Counsel will work closely with the County Administrator, the Deputy County Administrator, Chief Financial Officer, and the County Attorney. 10. Beaufort County Standards for Contracting Contract Format Chapter 2, Section 2-3. EVALUATION BASED SELECTION PROCEDURES states: Consultants shall be selected based on their qualifications and experience, with fees determined through negotiations following selection. The highest ranked offeror shall be selected, and price proposals shall be negotiated with one or more of the firms identified through the evaluation-based selection procedure (emphasis added). As to Chapter 3 CONTRACT FORMAT AND PROVISIONS on page 14 and METHODS OF CONTRACTING AND ALLOWABLE COSTS on page 15, do they apply to Bond Counsel services? Chapter 5, Section 5-2. SPECIAL INSTRUCTIONS Item 8 (AWARD) of Special Instructions on page 22 of the Request for Proposals states that: An award resulting from this request shall be awarded to the responsive and responsible offeror whose Request for PROPOSALS is determined to be the most advantageous to the County, taking into consideration price and the evaluation factors set forth herein (emphasis added). The Evaluation Form on page 24 has a category of “Proposed Fees and Compensation” with a point range of 0-20 points. Please provide clarification of whether price will be considered when making the award. Response: Please see Addendum Posted: 8/11/2022 Type of Addition: Notification Overview: We are working on an Addendum to provide answers to questions. The Addendum will be posted sometime between the 15th and 17th of August. Posted: 8/15/2022 Type of Addition: Response Date Extension Overview: Please note the response date has changed to 3:00pm on September 13, 2022 Deadline: 9/13/2022 3:00 PM Posted: 9/1/2022 Type of Addition: Addendum #1 Overview: Please note the response date change as well as the Addendum with Q&A and the revised solicitation. Deadline: 9/21/2022 3:00 PM Documents: Login to view documents Login to view documents Posted: 8/8/2022 Question: QUESTIONS/CLARIFICATION REQUESTS FROM BURR & FORMAN LLP TO REQUEST FOR PROPOSALS Bond Counsel Services for Beaufort County RFP#081822 We would request responses to the below questions/clarification requests related to the above-referenced Request for Proposals. 1. Responses Due Date The Request for Proposals states a due date of August 18, 2022, at 3:00 p.m.; the website states a due date of August 19, 2022, at 3:00 p.m. Please clarify which date is accurate. 2. Submission On the cover page contained as the first page of the document, it states that proposals must be submitted electronically through Vendor Registry. On the page entitled Important Electronic Submittal Instructions, it states that response submittals will ONLY be received electronically and must be submitted ONLINE prior to the date and time listed on the cover page of this RFP document. Under item 3.3 of the Special Instructions on page 21 of the Request for Proposals, it states that: “Each copy of the Request for PROPOSALS should be bound in a single volume where practical. All documentation submitted with the Request for PROPOSALS should be bound in that single volume. Also, on the page entitled Important Electronic Submittal Instructions, it states: All requested information and forms MUST be uploaded as one file if possible. If necessary to have more than one upload, pricing, and signed acknowledgements, etc. are to be in the first upload and the Pricing Information should be in the second, with each titled accordingly. It appears that the pricing would be included in both uploads. Under Proposals Submission Instructions on page 10, it states: 1. Electronically submit two separate files, to the Procurement Services Director by using the Vendor Registry process through our County Website at www.beaufortcountysc.gov. Both files must contain the Vendors name and file name: a. Proposals Submittal Contents Exhibits A and B. b. Fee Schedule Can you please verify the entire submission process? 3. Federal Clauses As Bond Counsel, we do not subcontract any services. Could you please confirm as such that we will not be subject to the Federal requirements stated on page 3 of the Request for Proposals? 4. Portfolio Management Pages 5 and 6 of the Request for Proposals references to the County’s portfolio. Could you please confirm that this only relates to investments related to proceeds received from the issuance of bonds? 5. Tax Counsel On page 5, there are two references to “expert” advice. Attorney are not allowed to hold themselves out as “experts.” We would suggest changing this language to “highly competent” advice. 6. Bond Counsel Services With regard to number 5 on page 6, the continuing disclosure services are provided on behalf of the County as the issuer of the bonds. We would suggest removing reference to the Treasurer. With regard to number 7 on page 7, participating in calls with rating agencies and bond insurer are an integral part of any bond issue. We would suggest removing “when requested.” 7. Confidential Information We believe the word “not” should be removed from the first line at the top of page 9. As the sentence reads now we believe it is contradictory. 8. Proposal Submittal Contents Could you please provide an explanation of the request in number 2 on page 11. 9. Reserved Rights In the second paragraph on page 12, we believe that the last sentence is inaccurate and believe it should be deleted since it states on page 4 that Bond Counsel will work closely with the County Administrator, the Deputy County Administrator, Chief Financial Officer, and the County Attorney. 10. Beaufort County Standards for Contracting Contract Format Chapter 2, Section 2-3. EVALUATION BASED SELECTION PROCEDURES states: Consultants shall be selected based on their qualifications and experience, with fees determined through negotiations following selection. The highest ranked offeror shall be selected, and price proposals shall be negotiated with one or more of the firms identified through the evaluation-based selection procedure (emphasis added). As to Chapter 3 CONTRACT FORMAT AND PROVISIONS on page 14 and METHODS OF CONTRACTING AND ALLOWABLE COSTS on page 15, do they apply to Bond Counsel services? Chapter 5, Section 5-2. SPECIAL INSTRUCTIONS Item 8 (AWARD) of Special Instructions on page 22 of the Request for Proposals states that: An award resulting from this request shall be awarded to the responsive and responsible offeror whose Request for PROPOSALS is determined to be the most advantageous to the County, taking into consideration price and the evaluation factors set forth herein (emphasis added). The Evaluation Form on page 24 has a category of “Proposed Fees and Compensation” with a point range of 0-20 points. Please provide clarification of whether price will be considered when making the award. Response: Please see Addendum