1-RFP FY26-0093 Special Inspections and Materials Testing.docx
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- Solicitation number
- RFP FY26-0093
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RFP FY26-0093: Levi's Stadium Special Inspections and Materials Testing Services
This Request for Proposals (RFP) is issued by Forty Niners Stadium Management Company LLC on behalf of the Santa Clara Stadium Authority for special inspections and materials testing services at Levi's Stadium in Santa Clara, California. The Stadium Manager seeks to establish a qualified bench of firms capable of providing comprehensive special inspections and materials testing services in compliance with the California Building Standards Code (Title 24) and California Building Code Chapter 17. Services will be performed on an on-call, task order basis across the 1.85 million-square-foot stadium facility, which requires expertise in complex facilities with multiple interconnected systems, components, and materials in both interior and exterior environments. The RFP was released on April 20, 2026, with a deadline for questions and objections of May 6, 2026, by 5:00 p.m. (PT), and proposals are due by May 29, 2026, at 3:00 p.m. (PT) via the Stadium Manager's electronic procurement portal at https://49ers.bonfirehub.com/portal/. There is no mandatory pre-proposal conference. The initial contract term is five years, with the Stadium Manager retaining the right to exercise up to five additional one-year renewal options for a total potential term of ten years. Future-year funding is contingent upon Santa Clara Stadium Authority budget approval.
Proposals will be evaluated on a 100-point scale comprising qualifications, experience, and references (40 points); approach and technical capability (40 points); and cost (20 points). Awards will be made to the proposer(s) offering the best value to the Stadium Manager, with the option to award multiple contracts. Proposers must be currently listed on the City of Santa Clara Building Division's Special Inspection Agency Recognition List at the time of submission to be considered and must demonstrate experience in complex facilities such as stadiums, arenas, hospitals, and airports. All subcontractors must also be approved by the City of Santa Clara Building Division. The selected proposer(s) must submit a certificate of insurance within 10 days of notice of intended award and shall obtain and maintain all insurance requirements specified in the exemplar contract. Prevailing wage requirements apply, and the services may be classified as Public Works subject to California Labor Code provisions. No work is guaranteed under the awarded contract; firms are selected to provide services only when the Stadium Manager issues specific task orders.
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Other files
| File | Type | Posted |
|---|---|---|
| 9-Attachment B-Cost Proposal FY26-0093.docx | DOCX document | |
| 8-Attachment E - Integrity Conflict of Interest Guidelines.docx | DOCX document | |
| 6-RFP FY26-0093 Special Inspections and Materials Testing.pdf | ||
| 2-Attachment A - Scope of Services RFP FY26-0093.docx | DOCX document | |
| 10-Attachment B-1 Travel Expense and Reimbursement Policy.docx | DOCX document | |
| 5-Attachment F - Customer Reference Form- FY26-0093.docx | DOCX document | |
| 4-Attachment A-1 FY26-0093.pdf | ||
| 3-Attachment C - Proposer Certification Form FY26-0093.docx | DOCX document | |
| 7-Attachment D - Exemplar Contract RFP FY26-0093.docx | DOCX document |
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FORTY NINERS STADIUM MANAGEMENT COMPANY LLC
REQUEST FOR PROPOSALS
FOR
SPECIAL INSPECTIONS AND MATERIALS TESTING SERVICES
RFP#: FY26-0093
ISSUE DATE: April 20, 2026
ELECTRONIC SUBMISSION OF PROPOSALS DUE DATE:
May 29, 2026 3:00 p.m. (PT)
Procurement 4900 Marie P DeBartolo Way Santa Clara, CA 95054
Procurement Contact: Procurement Department Email: proc@49ers-smc.com
RFP COVERSHEET
LEVI’S® STADIUM
RFP FY26-0093
| Event |
| Date/Information |
| RFP released on eProcurement Portal |
| April 20, 2026 |
| Deadline for Questions and Objections |
| May 6, 2026, by 5:00 p.m. (PT) |
| Proposals Due |
| May 29 2026, by 3:00 p.m. (PT) |
| Procurement Contact |
| Procurement Department |
Email: proc@49ers-smc.com
RFP-FY26-0093
Levi’s Stadium Special Inspections and Material Testing Services
TABLE OF CONTENTS
| 1 | INTRODUCTION | 1 |
| 2 | PURPOSE OF THE RFP | 1 |
| 3 | TERM OF THE AGREEMENT | 2 |
| 4 | COMPLETE RFP | 2 |
| 5 | PROCUREMENT TIMELINE | 2 |
| 6 | PROCUREMENT CONTACT | 2 |
| 7 | PRE-PROPOSAL CONFERENCE | 3 |
| 8 | HOW TO OBTAIN THIS RFP | 3 |
| 9 | PROCEDURE FOR SUBMITTING QUESTIONS AND INQUIRIES | 3 |
| 10 | OBJECTIONS | 3 |
| 11 | SUBMISSION OF PROPOSALS | 4 |
| 12 | PROPOSAL CONTENT | 4 |
| 13 | LATE PROPOSALS | 8 |
| 14 | POST-AWARD ATTACHMENT SUBMITTALS | 8 |
| 15 | SELECTION PROCESS AND EVALUATION CRITERIA | 8 |
| 16 | BASIS OF AWARD | 10 |
| 17 | PROTESTS | 10 |
| 18 | COLLUSION | 11 |
| 19 | GROUNDS FOR DISQUALIFICATION | 11 |
| 20 | NON-CONFORMING PROPOSAL | 11 |
| 21 | GRATUITIES | 11 |
| 22 | GENERAL INFORMATION | 12 |
| 23 | RIGHTS OF STADIUM MANAGER | 12 |
| 24 | PUBLIC NATURE OF PROPOSAL MATERIAL | 13 |
| 25 | PREVAILING WAGE REQUIREMENTS | 14 |
| 26 | INSURANCE REQUIREMENTS | 14 |
RFP FY26-0093
Levi’s Stadium Special Inspections and Material Testing
INTRODUCTION
Levi’s® Stadium (Stadium) is located at 4900 Marie P. DeBartolo Way in Santa Clara, California, and is the home of the San Francisco 49ers. The Stadium opened in 2014 as a 1.85 million-square-foot venue with a seating capacity of approximately 68,500. Levi’s® Stadium is the Bay Area’s premier sports and entertainment venue and has generated more than $2 billion for the local economy since opening. It is a multi-purpose facility with the flexibility to host a wide range of events, including international soccer, college football, ice hockey, motorsports, concerts, and various civic events.
Forty Niners Stadium Management Company LLC (Stadium Manager) operates the stadium on behalf of the Santa Clara Stadium Authority (Stadium Authority), and the venue hosts NFL games for the San Francisco 49ers as well as public and private non-NFL events year-round.
The Stadium is a highly complex facility comprising a wide range of systems, components, and materials across both interior and exterior environments. This complexity necessitates specialized inspection and materials testing firms with broad capabilities and expertise across multiple disciplines, capable of supporting work throughout all areas of the Stadium and across various types of construction and other improvement work.
Due to the Stadium’s active event schedule, work is often performed under tight deadlines, making it essential to engage inspectors who are flexible, responsive, and highly knowledgeable across multiple disciplines.
PURPOSE OF THE RFP AND MINIMUM QUALIFICATIONS
Stadium Manager is seeking proposals from firms (“Proposers”) to provide special inspections and materials testing services in compliance with the California Building Standards Code (Title 24) requirements in effect at permit issuance for each Task Order. This includes, but is not limited to, the California Building Code (CBC) Chapter 17—“Special Inspections and Tests,” all referenced standards, and applicable local and state requirements for projects at the Stadium.
The purpose of this Request for Proposal (RFP) is to establish a qualified and experienced bench of firms that can provide both special inspections and materials testing services.
All work will be performed on an on-call basis under a valid task order issued by Stadium Manager.
A detailed Scope of Services is provided in Attachment A.
Minimum Qualifications: Proposers must be listed on the City of Santa Clara, Building Division’s Special Inspection Agency Recognition List at the time of submission of their RFP to be considered for this opportunity.
TERM OF THE AGREEMENT
The initial term of any agreement(s)awarded pursuant to this RFP will be five(5) years. Stadium Manager reserves the right to exercise up to five (5) additional one-year options, for a total of ten (10) years. Since the term extends beyond a single fiscal year, the term for subsequent fiscal years shall be conditioned upon approval of the Santa Clara Stadium Authority's budget for the applicable fiscal year, which includes the amounts due under the agreement(s).
COMPLETE RFP
The following table lists and provides brief descriptions of the additional attachments that comprise the entire RFP.
| Attachment |
| Title |
| A |
| Scope of Services |
| B |
| Cost Proposal |
| C |
| Proposer Certification Form |
| D |
| Exemplar Contract |
| E |
| Procurement and Contract Process Integrity and Conflict of Interest Guidelines |
| F |
| Customer Reference Form |
PROCUREMENT TIMELINE
| Event |
| Date |
| RFP released on eProcurement Portal |
| April 20, 2026 |
| Deadline for Questions and Objections: |
| May 5, 2026, by 5:00 p.m. (PT) |
| Proposals Due |
| May 29, 2026, by 3:00 p.m. (PT) |
The foregoing dates are tentative and subject to change in the Stadium Manager’s sole discretion.
PROCUREMENT CONTACT
| Procurement Contact |
| Procurement Team |
| Address |
| Forty Niners Stadium Management Company LLC |
4900 Marie P. DeBartolo Way Santa Clara, CA 95054
| proc@49ers-smc.com |
PRE-PROPOSAL CONFERENCE
|X| There is no pre-proposal conference for this RFP.
|_| There is a non-mandatory pre-proposal conference for this RFP.
|_| There is a mandatory pre-proposal conference for this RFP.
HOW TO OBTAIN THIS RFP
This RFP may be downloaded from the Stadium Manager’s e-procurement portal, https://49ers.bonfirehub.com/portal/. Follow the link to register for online service. You may register for free online. For assistance related to technical questions on how to register with Euna Supplier Network (Bonfire), receive notifications and submit proposals via the e-procurement portal, contact Bonfire at support.bonfire@eunasolutions.com.
All addenda and notices related to this procurement will be posted by Stadium Manager on Bonfire and can be accessed via the Stadium Manager’s e-procurement portal, https://49ers.bonfirehub.com/portal/. In the event that this RFP is obtained through any means other than Bonfire, the Stadium Manager will not be responsible for the completeness, accuracy, or timeliness of the RFP document.
PROCEDURE FOR SUBMITTING QUESTIONS AND INQUIRIES
Questions pertaining to this RFP must be submitted via Stadium Manager’s e-procurement portal, https://49ers.bonfirehub.com/portal/. Please submit all questions by the deadline indicated in Section 5, Procurement Timeline. Stadium Manager will provide a written response to all pertinent questions in the form of an addendum. Questions answered on Stadium Manager’s e-procurement portal, https://49ers.bonfirehub.com/portal/, shall be considered addenda to the RFP.
OBJECTIONS
Any objections as to the structure, content or distribution of this RFP must be submitted in writing to the Procurement Contact prior to the submission deadline for Questions and Answers. Objections must be as specific as possible, identify the RFP section number and title, and provide a detailed rationale for the objection.
SUBMISSION OF STATEMENTS OF QUALIFICATIONS
Proposers must respond to this RFP by the due date and time listed in Section 5, Procurement Timeline.
RFPs must be submitted through the Stadium Manager’s eProcurement Portal at:
https://49ers.bonfirehub.com/portal/
Submissions by any other method will not be accepted.
Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.
For technical questions related to submissions, proposals should contact Euna Supplier Network (formerly Bonfire) at support.bonfire@eunasolutions.com or visit Bonfire’s help forum at https://customer.eunasolutions.com/public/s/contactsupport.
Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the portal. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated. If the required form is mandatory, proposers will not be able to complete the submission until the requirement is met.
Proposers will receive an email confirmation receipt with a unique confirmation number once the submission is finalized. This will confirm that the proposer has successfully submitted the Proposal.
The RFP must be in Times New Roman, Arial, or a similar, easily readable font. The size of the font cannot be any smaller than 11, and margins should be 1 inch or wider.
RFP CONTENT
Each proposal must be organized in accordance with the order specified in this Section. Please include the section number and section title with each corresponding response. Ensure you address all required information for each section. Proposals that do not follow the outlined format or fail to provide the necessary documentation may receive lower scores, or if deemed non-responsive, may be disqualified. In case of any conflict between the RFP documents, resolution shall be at the sole discretion of the Stadium Manager. RFPs should include the following information in the specified format.
12.1 Table of Contents. Include a table of contents listing the page numbers for each section of the RFP. All pages must be consecutively numbered and correspond to the table of contents.
Cover Letter. Include the following information in your cover letter:
Main Contact Person for the RFP: Provide the name, title, address, telephone number, and email address for the individual designated as the primary contact for this RFP.
Main Person Authorized to Bind Proposer Contractually: Provide the name, title, address, telephone number, and email address for the individual authorized to contractually bind the Proposer.
Minimum Qualifications Affirmation: Include a statement that certifies your firm is currently approved by the City of Santa Clara Building Division and is listed on the City of Santa Clara Building Division’s Agency Special Inspection Recognition list at the time of submission.
Signature of Person Authorized to Bind Proposer Contractually: Ensure the cover letter is signed by the individual who is authorized to bind the Proposer contractually.
Company Profile. Provide a brief company profile that identifies the company information, including, but not limited to, the following:
Number of years in business.
Company names previously used by the Proposer and other company affiliations.
Description of any anticipated changes of ownership or control of the company.
Mailing address of the Proposer’s principal place of business.
Mailing address and phone number of the office in which the project team will be located.
Any pending or current litigation related to services provided by Proposer; terminated contracts within the past seven (7) years, with a detailed narrative of the reasons for termination.
Other relevant information significant enough to include.
Qualifications, Experience, and References Describe your firm’s experience conducting special inspections and materials testing in complex facilities with multiple interconnected systems, components, and material types (e.g., stadiums, arenas, hospitals, airports, or large mixed-use developments). Explain your experience performing special inspections and materials testing in occupied or finished interior spaces and exterior or outdoor components (e.g., structural steel, concrete, waterproofing, façade elements). Additionally, describe your experience collaborating with the City of Santa Clara Building Department on special inspections and materials testing. Provide representative project examples that demonstrate work in complex facilities, as well as interior and exterior environments. Your narrative should clearly explain how these experiences qualify your firm to deliver the services specified in this RFP.
Licenses, Accreditations, and Certifications: List all active licenses, accreditations, and certifications held by your firm, and include copies of each one in your submission.
Project Team Qualifications and Experience: Identify key individuals who will be assigned to perform services if awarded a contract. For each person, summarize their relevant experience, the role they will hold in providing the services, and list their licenses and/or certifications. Attach a resume for each key individual identified.
Subcontractors: List any subcontractors your firm will use, describe the services they will provide, and include their relevant licenses, certifications, and accreditations. Confirm that each subcontractor is listed on the City of Santa Clara Building Division’s Special Inspection Agency Recognition List at the time you submit your RFP.
References: Using Attachment F, provide three (3) references for which your company has delivered services similar in complexity to those described in Attachment A. Use a separate Attachment F for each reference. For each reference, include the following details:
A detailed overview of the type of special inspections and material testing services provided for each reference.
Customer's name, location, and size, and customer contact information, including name and phone number.
Project(s) duration.
Key personnel involved.
Approach and Technical Capability Specializations and Qualifications: Use Attachment A-1, Special Inspections and Materials Testing Capabilities Checklist, to mark an “X” for each area for which your firm is currently qualified to provide special inspection and materials testing services. Any unmarked sections will be considered outside the Proposer’s capabilities. List all materials testing services offered by your firm.
Approach and Work Plan for Providing Special Inspection Services: Describe how your firm will deliver special inspection services. Your response must address the following:
Staffing approach, including assignment of inspectors and testing personnel Field coordination, scheduling, and communication with relevant parties Response times for standard and urgent requests, and ability to accommodate tight event schedules Procedures for addressing non-conforming results Approach and Work Plan for Materials Testing Services: Describe how your firm provides materials testing services. Your response must address the following:
Laboratories used for materials testing Laboratory accreditations and certifications -provide copies of each.
Test turnaround times Quality control procedures for field and laboratory testing Cost Proposal: Provide all requested information in the Cost Proposal, “Attachment B”.
Required Submission Documents: The following documents must be completed and submitted with your response to this RFP:
Attachment A-1 – Special Inspections & Materials Testing Capabilities Checklist Attachment B – Completed Cost Proposal Attachment C – Executed Proposer Certification Form Attachment D – Exemplar Contract: Review the entire document. Please complete the following steps and submit each of the following documents as applicable.
Changes to the Terms: Redline proposed changes directly into the Word document and return the red-lined version with your submission. (Please note that excessive changes may result in lower proposal scores or disqualification from this RFP.)
No changes to the Terms: If you have no changes to the terms, mark the first page of the Exemplar Contract with the words “No Exceptions” and submit the first page only with your RFP.
Acceptance of Terms: If you do not submit a redlined version of the Exemplar Contract or return the first page marked “No Exceptions” with your RFP, we will assume you agree to all legal terms and conditions outlined in the Exemplar Contract.
Attachment F – Three (3) References: Submit a separate Attachment F for each reference with your RFP.
LATE RFP SUBMISSIONS
Submissions must be uploaded, submitted and finalized prior to the closing time as stated in the Stadium Manager’s electronic procurement portal, https://49ers.bonfirehub.com/portal/. Stadium Manager is not responsible for any delay in submission. Proposers are strongly recommended to allow sufficient time to submit proposals electronically. Proposers are solely responsible for ensuring their responses are completed and submitted electronically prior to closing date and time. The system will not allow Proposer to upload and submit a response after the stated due date and time.
POST-AWARD ATTACHMENT SUBMITTALS
Each awardee is required to submit the following information and documents by the specified time below. Failure to provide the documents within the time frame may result in withdrawal of the award, and potential award to the next highest ranked Proposer in the Stadium Manager’s sole discretion.
Certificate of Insurance (insurance requirements outlined in Attachment D – Exemplar Contract) within 10 (ten) days after the notice of intended award.
SELECTION PROCESS AND EVALUATION CRITERIA
PROPOSAL RESPONSIVENESS
Proposals will be reviewed to determine if they conform to all material aspects of the RFP.
Proposals that fail to conform to all material aspects of the RFP may be disqualified from further consideration in the Stadium Manager’s sole discretion.
RFP REVIEW AND EVALUATION
RFPs will be evaluated against the general criteria and scores will be applied as described below in Section 15.6.
Stadium Manager may seek written clarification from any or all Proposers to better understand and evaluate the proposed solution. This process may not be used as an opportunity to submit missing documentation or to make substantive revisions to the originally submitted RFP except as may be allowed during any negotiation process Stadium Manager, in its sole discretion, chooses to engage in.
Stadium Manager reserves the right to investigate and rely on information from sources other than the information provided by the Proposers.
COST PROPOSAL REVIEW AND EVALUATION
Cost and cost realism will be evaluated and scored in accordance with the table in Section 15.6.
PRESENTATIONS / ORAL INTERVIEWS
Finalists (proposals determined to have scored in the competitive range) may be invited to present oral presentations for the purpose of introducing key members of the project team and allowing the Stadium Manager to fully understand the Proposer’s ability to meet the Stadium Manager’s needs. Oral presentations will not be scored separately. Instead, the Stadium Manager may modify proposal scores and resulting rankings based on the oral presentation.
BEST AND FINAL OFFER (BAFO)
0. A Best and Final Offer (BAFO) may be held with finalists that have scored in the competitive range if additional information or clarification is necessary to make a final decision. The BAFO may allow Proposers to revise their original technical and/or cost proposals based on information received from the Stadium Manager. Stadium Manager will send out the request for a BAFO with instructions addressing the areas to be covered and the date and time in which the BAFO is to be submitted. After receipt of the BAFO, scores may be adjusted based on the new information received in the BAFO.
0. Stadium Manager expects to request only one BAFO from each Proposer unless the Stadium Manager determines that additional BAFOs are warranted.
Proposers are cautioned that the BAFO is optional and at the sole discretion of the Stadium Manager. Therefore, Proposers should not assume that there will be an additional opportunity to amend their technical or cost proposals after the original submission of technical and cost proposals. Proposers may not request an opportunity to submit a BAFO.
EVALUATION CRITERIA
| Criteria |
| Score |
| Proposal Responsiveness |
| Pass/Fail |
| Qualifications, Experience, and References |
| 40 |
| Approach and Technical Capability |
| 40 |
| Cost |
| 20 |
| Total |
| 100 |
BASIS OF AWARD
Awards will be made to the Proposer(s) whose RFP(s) provide the best value to the Stadium Manager as determined by the evaluation criteria specified in Section 15.6 above. Stadium Manager may award multiple contracts under this RFP in its sole discretion.
Subject to Section 16.1, Stadium Manager reserves the right to award a contract to any Proposer for all or any portion of the work described herein.
Should the selected Proposer(s) fail to provide post-award documents as required, the Stadium Manager, in its sole discretion, may withdraw the award recommendation and select the next highest-ranked Proposer for award.
Stadium Manager reserves the right to accept a proposal in full, or in part, or to reject all proposals.
PROTESTS
If an unsuccessful Proposer wants to dispute the award recommendation, the written protest must be submitted via email to the contact listed below no later than ten (10) calendar days after the Stadium Manager’s issuance of the notice of intent to award , detailing the grounds, factual basis and providing all supporting information. Protests will not be considered for disputes of proposal requirements and specifications, which must be addressed in accordance with Section 10. Failure to submit a timely written protest via email to the contact listed below will bar consideration of the protest.
The email address for submitting protests to Procurement Lead is:
Email: proc@49ers-smc.com
COLLUSION
By submitting a RFP, each Proposer represents and warrants that its RFP is genuine and made in the interest of or on behalf of any person named therein; that the Proposer has not directly induced or solicited any other person to submit a sham RFP or any other person to refrain from submitting a RFP; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a RFP.
GROUNDS FOR DISQUALIFICATION
All Proposers are expected to read and understand Attachment E, Procurement and Contract Process Integrity and Conflict of Interest. Factors, such as, but not limited to, any of the following, may disqualify a Proposer without further consideration:
Evidence of collusion, directly or indirectly, among Proposers in regard to the amount, terms or conditions of this proposal.
Any attempt to improperly influence any member of the evaluation team.
Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and either Stadium Manager or the Stadium Authority.
Evidence of incorrect information submitted as part of the proposal.
Evidence of Proposer’s inability to successfully complete the responsibilities and obligations of the proposal.
Proposer’s default under any previous agreement with Stadium Manager.
NON-CONFORMING PROPOSAL
A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a RFP may be sufficient grounds for rejection of the proposal, at the sole discretion of the Stadium Manager.
GRATUITIES
No person shall offer, give or agree to give any Stadium Manager employee any gratuity, discount or offer of employment in connection with the award by the Stadium Manager. No Stadium Manager employee shall solicit, demand, accept or agree to accept from any other person a gratuity, discount or offer of employment in connection with a Stadium Manager contract.
GENERAL INFORMATION
The successful Proposer(s) will be required to enter into an agreement with terms and conditions in substantial conformity with the Exemplar Contract, which is Attachment D of this RFP.
All costs associated with responding to this RFP are to be borne solely by the Proposers. By submitting a RFP in response to this RFP, the Proposer agrees that Stadium Manager shall have no liability or responsibility for any costs accrued by Proposer that arise out of or relate to preparing for, responding to (including the cost of any virtual or in-person presentations), negotiating under, or protesting any aspect of this RFP.
It is the Stadium Manager’s policy that the selected firm(s) shall not discriminate, in any way, against any person on the basis of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law, in connection with or related to the performance of Stadium Manager contracts.
Award of a contract to a Proposer is not a guarantee of work. By submitting a proposal, each Proposer understands and agrees the purpose of this RFP is to establish a bench of firms qualified to provide the services specified herein on an on-call and as-needed basis. As such, no firm is guaranteed any work under the awarded contract and by extension any compensation thereunder until such time the Stadium Manager, in its sole discretion, chooses to issue a task order seeking specified services.
RIGHTS OF STADIUM MANAGER
This RFP does not commit the Stadium Manager to enter into a contract, nor does it obligate the Stadium Manager to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. The Stadium Manager reserves the right to:
Accept an offer in full, or in part, or to reject all offers.
Make the selection based on its sole discretion.
Reject any and all proposals.
Issue subsequent RFPs.
Postpone opening RFPs for any reason.
Remedy errors in the RFP process.
Approve or disapprove the use of particular subcontractors.
Negotiate with any, all or none of the Proposers separately or concurrently in time.
Award one or more contracts.
Accept other than the lowest cost offer.
Waive informalities and irregularities in the RFPs.
Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or fails to execute an agreement with the Stadium Manager.
Cancel all or any part of this RFP.
An agreement shall not be binding or valid with the Stadium Manager unless and until it is approved by the Stadium Authority, if so required, and executed by authorized representatives of the Stadium Manager and the Proposer.
PUBLIC NATURE OF STATEMENTS OF QUALIFICATIONS MATERIAL
All correspondence with the Stadium Manager including responses to this RFP become the exclusive property of the Stadium Manager, Santa Clara Stadium Authority and Forty Niners Stadium Company LLC. At such time as the Stadium Manager awards a contract or rejects all proposals, all proposals received in response to this RFP become a matter of public record and shall be regarded as public records. If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the Stadium Manager is not in a position to establish that the information that a Proposer submits is in fact a trade secret. Stadium Manager shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as non-responsive.
Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the Stadium Manager may determine, in its sole discretion, that the information that a Proposer submits is not a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary,” the Stadium Manager shall provide the Proposer who submitted the information reasonable notice to allow the Proposer to seek protection from disclosure by a court of competent jurisdiction, at the Proposer's sole expense.
PREVAILING WAGE REQUIREMENTS
The Stadium Manager has determined that the services described in this solicitation may constitute “Public Works” and may be subject to California prevailing wage requirements. It shall be mandatory upon the Proposer(s) to whom the contract is awarded, and upon any subcontractors and subconsultants, to comply with all applicable Labor Code provisions, which include but are not limited to the payment of not less than the specified prevailing wage rates to all workers employed by them in the execution of the contract, contractor and subcontractor registration, certified payroll records, employment of apprentices, hours of labor and debarment of contractors and subcontractors. Failure to meet the requirements stated above in this section by the time allotted may result in withdrawal of the award and award to the next highest ranked Respondent.
INSURANCE REQUIREMENTS
The selected Proposer(s), at Proposer’s sole cost and expense and for the full term of the Agreement or any extension thereof, shall obtain and maintain, at a minimum, all of the insurance requirements outlined in the Exemplar Contract to this RFP.
| 26.2 | A certificate of insurance demonstrating compliance with the insurance requirements shall be provided to Stadium Manager within 10 days of the notice of intended award. Failure to provide the required certificate of insurance may result in withdrawal of the notice of intended award, and award may be made to the next highest ranked Proposer. | |
| RFP FY26-0093 | Page 15 of 14 |
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