Version (05/01/2026), Modified

Single Audit or Program Specific Audit Services for Clean Ports Program 25-26/20

REQUEST

FOR

QUALIFICATIONS

(RFQ)

PURCHASING DEPARTMENT

530 Water Street, Oakland, CA 94607

This RFQ is partially Federally Funded by the U.S Environmental Protection Agency through the Inflation Reduction Act - Clean Ports Program Grant

FAIN Number 97T26001

Assistance Listing 66.051-Clean Ports Program

RFQ 25-26/20, Invitation, Page 1 of 3

RFQ No.: 25-26/20, Single Audit or Program Specific Audit Services for Clean Ports Program

The Port of Oakland (the “Port”), through its Purchasing Department, is hereby soliciting competitive Qualifications for the above-mentioned project. The successful Respondent will be required to furnish all labor, material, equipment, supplies, applicable taxes, insurance, bonding, and licenses to complete this project.

RFQ Information

Solicitation Title Single Audit Services for Clean Ports Program

Solicitation Type Professional Services

Solicitation Number 25-26/20

Solicitation Issued July 17, 2026

Requesting Department Environmental and Finance Department

Pre-qualification meeting N/A

Scheduled Publication Date July 17, 2026

Submission Due Date and Time August 20, 2026 until 11:00 a.m. (Pacific Time)

Instructions for Submitting Qualifications

Electronic Delivery Address https://lf.portoakland.com/

Please login to Liquid Files at the above listed URL and click on the “Register” button to upload your Qualification to nsioson@portoakland.com. Do not email your Qualification to the buyer directly. Your Qualification must be uploaded to the Liquid Files’ site to be accepted by the Port. Once your Qualification has been uploaded to Liquid Files, you will receive a copy of the email that Liquid Files generates to the buyer with your Qualification. (Note:

Liquid Files limits the file size to a maximum of 500 Megabytes (MB), and there will be a slight delay as to when Liquid Files emails your Qualification to the buyer, so please upload your files early so that they will be received by the due date and time.)

Submittal Copies One (1) Original SOQ as a single file in Portable Document Format (pdf) transmitted to the above listed Buyer via Liquid Files. (If your file size is larger than 500 MB, please modify it to be less than 500

MB.)

Late Submittals Electronic Qualifications received after the Qualification Due Date and Time stated above will not be downloaded by the Port.

RFQ 25-26/20, Invitation, Page 2 of 3

How to Obtain RFQ Documents

Copies of the RFQ documents may be obtained at:

Physical Location Address Information

Port of Oakland - Purchasing Department 530 Water Street, Oakland, CA 94607 Monday through Friday 8:00 a.m. to 4:00 p.m.

(Pacific Time)

(510) 627-1140

Website https://www.portofoakland.com/business/bids-RFQ-center/

Or navigate to the Port of Oakland’s main website at:

http://www.portofoakland.com/, then click on “Business” section on the top of the page, and then select “Bids/RFPs/RFQs Center” to download the RFQ document.

Questions about the RFQ

Questions and/or Requests for Information (RFI) must be submitted in writing and can be submitted by email as follows:

Primary Contact Nickulaus Sioson

Email: nsioson@portoakland.com

Manager, Port Purchasing

Question/RFI Due Date July 30, 2026 until 4:00 p.m. (Pacific Time)

Please submit any questions regarding this RFQ as soon as possible but by no later than the above due date and time. The Port will not respond to any questions regarding this RFQ received after the above due date and time.

Response Date August 6, 2026

Port responses to timely received questions regarding this RFQ will be provided via an emailed addendum to all prospective Respondents and placed on the Port’s website for downloading. See the “How to Obtain RFQ Documents” section via our web address.

Once the RFQ is issued, and until a recommendation for award1 is made to the Board of Port Commissioners at a public Board of Port Commissioners meeting (or in cases where a recommendation for award does not require a public Board meeting, when Respondent(s) are notified by Port staff of the recommendation for award), each Respondent and its representatives, agents, and affiliates, shall not contact members of the Evaluation Committee, 1 For purposes of this RFQ, the term “award” refers to successful Respondent being placed on a list created by the Port for potential future retention by Partners (as defined in this RFQ) to perform the services herein described, as further discussed in this RFQ and sometimes referred to in this RFQ as both as “on-call list and a “pool”,.

RFQ 25-26/20, Invitation, Page 3 of 3

Port staff or the Board of Port Commissioners to discuss or ask questions about the contents of this RFQ or the selection process. All questions shall be submitted in writing as described in this RFQ. Any inappropriate contact by a Respondent, its representatives, agents, and/or affiliates may result in the Respondents' Qualification being disqualified.

Full Opportunity

The Port’s policy prohibits discrimination or preferential treatment because of race, color, religion, sex, national origin, ancestry, age (over 40), physical or mental disability, cancer-related medical condition, a known genetic pre-disposition to a disease or disorder, veteran status, marital status, or sexual orientation. It is the policy of the Port of Oakland to encourage and facilitate full and equitable opportunities for small local businesses to participate in its contracts for the provision of goods and services. It is further the Port’s policy that no discrimination shall be permitted in small local business participation in Port contracts or in the subcontracting of Port contracts. The successful Respondent shall comply with the Port’s non-discrimination policy.

Federal Funding Acknowledgment:

There are programmatic conditions that apply to the contract that will result from this RFQ, due to Federal funding. The source of these federal funds is: the Inflation Reduction Act – Clean Ports Program funded by the U.S. Environmental Protection Agency (“EPA”), The conditions that apply are as set forth in this RFQ, including, but not limited to Attachment 7 (Required Contract Clauses), Attachment 8 (Federal Clauses and Certifications), and as set forth in the Title VI Solicitation Notice section below. Any additional conditions that apply to this particular federally funded procurement are as set forth in the Grant Agreement attached hereto as Attachment 14 or otherwise as set forth under law. See also https://www.epa.gov/grants, including but not limited to as set forth in https://www.epa.gov/sites/default/files/2021- 03/documents/best-practice-guide-forprocuring-services-supplies-equipment.pdf and the EPA General Terms and Conditions (the most recent version of which can be found at:

https://www.epa.gov/system/files/documents/2025- 10/fy_2026_epa_general_terms_and_conditions_effective_october_1_2025_or_later.pdf).

Acceptance of this agreement indicates the Bidder/Respondent’s intent to comply with all conditions, which are incorporated herein and will be a part of the contract resulting from this solicitation.

Title VI Solicitation Notice

The Port of Oakland, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4), 28 CFR § 50.3, and 49 CFR Part 21, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all contractors will be afforded full opportunity to submit Qualifications in response to this invitation and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, creed, age, or disability in consideration for an award.

Rejection

The Port reserves the right to reject any or all Qualifications, to waive any irregularities or informalities not affected by law, to evaluate the Qualifications submitted, and to award the contract according to the Qualification which best serves the interests of the Port.

Nickulaus Sioson, Manager, Port Purchasing

RFQ 25-26/20, Table of Contents

Table of Contents

I. Project Overview

II. Statement of Qualifications

III. Scope of Services

IV. Port Policy and Other Requirements

V. Submission Requirements

V. Evaluation Criteria

VI. Additional Provisions

Attachments:

Title

Must Be Returned with Submission/SOQ

1 RFQ Acknowledgement and Signature Form Yes

2 Non-Collusion Declaration Yes

3 Statement of Equal Employment Opportunity Yes

4 Compensation Rate Sheet Yes

5 Insurance Requirements No

6 Insurance Acknowledgement Statement Yes

7 Required Contract Clauses No

8 Federal Clauses and Certifications No

9 Federal and State Lobbying Activities Certification Yes

Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters

Yes

11 Notice of Legal Agreement or Litigation Yes

12 Federal Tax Liability and Recent Felony Conviction Yes

13 Iran Contracting Act of 2010 Compliance Affidavit Yes

14 Grant Agreement No

RFQ 25-26/20, Page 1 of 14

I. Project Overview

The Port of Oakland (“Port”) is seeking Qualifications from qualified Certified Public Accountant(s) or Audit Firm(s), licensed by the State of California and in good standing with the California Secretary of State, with experience providing audits for non-profit and for-profit entities expending more than $1 million in federal funding in a fiscal year (“FY”) for Partners of the Clean Ports Program grant (“CPP Grant”) who may require an annual independent audit substantially similar in scope and quality to that of a single audit. Single Audits or Program Specific Audit Services must be conducted in accordance with Generally Accepted Auditing Standards (“GAAS”) and the Uniform Guidance for Federal Awards, 2 CFR Part 200, as may be amended.

This Request for Qualifications (“RFQ”) is conducted by the Port to pre-qualify individuals or firms to provide Single Audit or Program Specific Audit Services for the Partners of the CPP Grant (“Partners”). The Port intends to establish a list/pool of one or more qualified Certified Public Accountant(s) or Audit Firm(s) for the services defined herein. The Partners may enter into an agreement with selected audit firm and execute an engagement letter, for the grant period (in addition to and in compliance with any other separate services agreement the Partner and the selected audit firm will enter into to perform the services herein described).

The successful Provider will be required to comply with any additional Federal and/or State funding requirements.

While there is no Disadvantaged Business Enterprise (DBE) goal established for this solicitation, small and minority businesses, women’s business enterprises, veteran-owned businesses and labor surplus area firms are encouraged to participate in this solicitation. The Prime consultant is also encouraged to seek out these entities for subcontracting opportunities.

This RFQ is partially Federally Funded by the U.S Environmental Protection Agency through the Inflation Reduction Act - Clean Ports Program Grant

FAIN Number 97T26001

Assistance Listing 66.051-Clean Ports Program

About the Port of Oakland The Port of Oakland generates vital economic activity, community benefits, and environmental innovation as it decarbonizes its operations for a cleaner and greener future. Along with its partners, the Port supports more than 98,000 regional jobs and $174 billion in annual economic activity. The Port oversees the Oakland San Francisco Bay Airport, the Oakland Seaport, nearly 20 miles of waterfront, including Jack London Square and a publicly owned electric utility. The Port of Oakland is Everyone’s Port! Connect with the Port of Oakland and Oakland San Francisco Bay Airport through Facebook, or with the Port on LinkedIn, YouTube, and at www.portofoakland.com.

Subgrantee Information (each a “Partner”; collectively, “Partners”):

The Partners on the Clean Ports Program grant are as follows:

1) Center for Transportation and the Environment (“CTE”), Partner, (non-profit), ZE experts, grant management, data collection/reporting.

2) Everport Terminal Services Inc., Partner (for-profit), Terminal Equipment Operator

3) SSA Terminals, LLC, Partner (for-profit), Terminal Equipment Operator

4) TraPac LLC, Partner (for-profit), Terminal Equipment Operator

5) CALSTART, Inc., Partner (non-profit), instituting a loaner program for zero emission equipment

6) Central Valley Ag Grinding, LLC (“CVAG”), Partner

RFQ 25-26/20, Page 2 of 14

(for-profit), Port Tenant Equipment Operator

7) Forum Mobility, Inc., Partner (for-profit), Port Tenant, ZE Trucking

8) IMC Logistics, LLC, Partner (for-profit) Port Tenant Equipment Operator

9) Pacific Coast Container, Inc. dba PCC Logistics, Partner (for-profit), Port Tenant Equipment Operator

10) WattEV, Partner (for-profit), Port Tenant, ZE Trucking

11) Black Cultural Zone, Partner, Community Engagement, (non-profit)

12) The Rose Foundation for Communities for the Environment, Partner, Community Engagement, (non-profit)

13) West Oakland Cultural Action Network (“WOCAN”), Partner, Community Engagement, (non-profit)

14) West Oakland Environmental Indicators Project (“WOEIP”), Partner, Community Engagement, (non-profit)

15) Machinists Institute (MI), Partner, Workforce Development (non-profit)

16) Pacific Maritime Association, Partner, Workforce Development, (non-profit)

17) West Oakland Job Resource Center (“WOJRC”), Partner, Workforce Development, (non-profit)

18) Bay Area Air Quality Management District (“BAAQMD”), Partner, Air Quality Monitoring & Reporting, Community Engagement, (non-profit).

19) Any additional Partner added during the grant award period, as described below.

All Partners are subject to the requirements of 2 CFR Part 200, Subpart F, “Audit Requirements” and are contractually required to comply with the requirements under their subaward agreement. Some of the Partners have never received federal grant funds for their operations prior to the CPP Grant award and do not have a dedicated auditor for their financial statements.

Throughout the term of the Port’s Clean Ports Program grant, current subrecipients/ subgrantees/Partners may be removed and/or additional subrecipients/subgrantees/Partners may be added.

II. Statement of Qualifications

To be considered in the Port’s audit services list/pool for future retention by Partners of the CPP Grant, the Respondent must demonstrate that it meets each of the following minimum qualifications:

1. License to Practice in California. The Respondent shall provide an affirmative statement that the firm and all assigned key professional staff are properly licensed to practice in California by providing their credentials and in good standing.

2. Independence. The Respondent shall provide an affirmative statement that it is independent of the auditees as defined by the generally accepted auditing standards of the U.S. Government Accountability Office’s Government Auditing Standards.

3. Qualifications and Experience. Respondent/Respondent firm must have a minimum of three years’ experience in the past five years performing Single Audit services in accordance with GAAS (Generally Accepted Auditing Standards). Auditing federal programs under the Single Audit Act and OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards is highly preferred. The Qualification must include a summary of the firm’s size and the governmental audit staff, and the number of additional staff at the firm that may participate in the agreement resulting from any retention by a Provider following successful

RFQ 25-26/20, Page 3 of 14

Respondent being placed on a list/pool following this RFQ (as further described in this

RFQ).

4. External Reviews. Respondents must submit a copy of the report on its most recent external quality control review along with a statement that the quality control review included a review of specific governmental engagements.

5. Staff Qualifications. The Qualifications must identify/indicate/provide all of the following: (a) identify the principal, supervisory or management staff, managers, specialists, and other staff who would be assigned to the engagements.; (b) indicate which staff are licensed to practice as a certified public accountant in California; and (c) provide information on the government auditing experience of each person and their respective availability to perform the audit services requested under this RFQ.

III. Scope of Services

A. Scope of Work:

The Port is the recipient of a CPP Grant from the Environmental Protection Agency to advance the Port’s strategic vision of eliminating harmful emissions from activities at the Seaport area within the Port of Oakland. The CPP Grant includes 20 Partners (Partner (singular and plural) is also synonymous with “Subgrantee” or “Subrecipient” as described or referred to in this RFQ), who’s roles are broken down into several categories as follows: 13 are planning to purchase Zero-Emission (“ZE”) equipment and associated infrastructure; six are community engagement and workforce development partners; and one is a project management firm to provide technical services to support and manage grant activities and reports.

The successful individuals and/or firms placed within a list/pool created by the Port resulting from this RFQ (“Respondent”, “Provider” or “Consultant”) shall, once retained by Partner(s), provide the Partner(s) with a Single Audit or Program Specific Audit Services similar in scope to a single audit, including compliance with all applicable federal, state, and local laws, regulations, grant requirements, and auditing standards. Provider and Partner(s) will document Provider’s retention in the form of a formal written agreement for services (“Partner Agreement”), which must comply with the term of this RFQ, including but not limited to any grant applicable requirements/provisions.

B. Standards of Service:

Providers must meet the standards of service under this RFQ for Single Audits or Program Specific Audit Services, and Provider acknowledges and agrees by submitting its Qualifications in response to this RFQ that, if retained by Partner(s) as documented by a Partner Agreement, such services will be performed in accordance with both GAAS in the United States of America, and the standards set forth for financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States; the Single Audit Act amended in 1996, and the U.S. Office of Management and Budget (“OMB”) Circular A-133, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Confidentiality:

The Partner Agreement will set forth the terms and conditions with respect to Confidentiality but Respondent agrees to comply with, and the Partner Agreement should include, at least the following minimum terms: The Provider(s) agrees to keep the information related to all engagements in strict confidence. Other than the reports submitted to the Partner and the Port, the Provider(s) agrees not to publish, reproduce, or otherwise divulge such information in whole or in part, in any manner or form, or authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to the information, while in the Provider’s possession, to those employees of the Provider’s staff who must have the information on a “need to know” basis.

RFQ 25-26/20, Page 4 of 14

The Provider agrees to immediately notify in writing the Port’s and Partners’ authorized representative(s) in the event the Provider determines or has reason to suspect a breach of this requirement.

D. Conflict of Interest:

Respondents must indicate any potential conflicts of interest that exist in regard to their ability to respond to this RFQ. This includes a description of the firm’s relationship with the Port or any of the Partners, together with a statement explaining why such relationship does not constitute a conflict of interest relative to performing the services outlined in the solicitation.

E. Audit Requirements:

The CPP Grant’s terms and conditions include a requirement for the Partner to “Select an independent auditor consistent with the criteria set forth in 2 CFR §200.509 and obtain an Single Audit or Program Specific Audit Services similar to a Single Audit (see CFR §200.500

et. seq.)”. Subgrantees are required to submit their Single Audit or Program Specific Audit Services similar to a Single Audit (“Audit”) within nine months of the end of the recipient’s fiscal year; the Port’s fiscal year is July 1 through June 30.

The Port is requesting that Subgrantees submit their latest Single Audit/Program Specific Audit substantially similar to a Single Audit at least 60 days prior to the deadline to allow time for the Port to review and request additional information if necessary. Provider shall prepare and provide such audit services as requested by the Subgrantee in accordance with the terms of this RFQ and the Partner Agreement.

F. Single Audit/ Program Specific Services and Deliverables

Upon request and retention by a Partner for an Audit under the terms and conditions herein, the Provider shall prepare the following reports at the completion of the single audit/program specific:

1. Single Audit

a) Independent auditor’s report on the basic financial statements.

b) Independent auditor’s report on internal controls over financial reporting based on:

a. financial statements performed in accordance with GAAS.

b. compliance for major federal programs in accordance with OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

c) Independent auditor’s report over compliance for major federal programs in accordance with OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

d) A summary of auditor’s results for the Single Audit/Program Specific Report and a schedule of findings and questioned costs, if any, required by OMB’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

e) All services not specifically mentioned in this Request for Qualifications that are necessary to provide the functional capabilities described by the auditor shall be included in the Scope of Services.

2. Program Specific

a) Reports similar to single audit with internal control assessment over financial reporting and compliance with the 200 CFR in accordance with GAAS.

RFQ 25-26/20, Page 5 of 14

Respondent shall submit final reports to the Partner within 30 calendar days after receiving the report or within nine months after the end of the fiscal year, whichever occurs earlier. Respondent shall ensure reports are submitted to the Partner’s authorized representative in electronic form, with a copy of the electronic report simultaneously submitted to the Port’s authorized representative.

G. Additional Review or Compilation Services:

At their sole discretion, the individual Partners may request additional services for a fee to be negotiated at the time of the request. Additional services may include:

a) Preparation of all required basic financial statements

b) Preparation of the notes to the financial statements

c) Preparation of additional required supplementary information, notes to the required supplementary information, and additional supplementary information as required.

d) Preparation of the schedule of expenditures of federal awards.

Costs for these additional services will be invoiced directly to the Provider in accordance with the terms of the Partner Agreement and shall not be included in the cost for the required Audit and are unallowable to be reimbursed from the CPP Grant.

H. Exit Conference:

An exit conference with the Partner’s representatives and the Port’s representatives (at the Port’s sole discretion) and the Provider’s representatives may be held at the conclusion of the field work if requested by the Partner or the Port and Provider shall attend said exit conference. Provider shall summarize in the form of a written report all observations and recommendations discussed with the Partner. Provider shall ensure the report includes internal control and program compliance observations and recommendations.

I. Work Papers:

The Partner Agreement will document the terms and conditions with respect to work papers (i.e., any supporting documentation), but should at a minimum, provide as follows:

a) Upon request, within 10 days of the request from the Partner or Port, the Provider will provide a copy of the work papers pertaining to any questioned costs determined in the audit. The work papers must be concise and provide the basis for the costs questioned as well as an analysis of the problem.

b) All work papers must be retained for at least three years after CPP Grant is closed.

c) Provider shall make the work papers available for examination by authorized representatives of the cognizant federal or state agency, the Partner and the Port.

J. Payment:

The Partner Agreement will document the terms and conditions with respect to Payment, but should at a minimum, provide as follows: Payment will be made when the Partner has determined that total work effort has been satisfactorily completed, in accordance with the Partner Agreement. Should the Partner reject a report, the Partner’s authorized representative will notify the Provider in writing of such rejection, giving the reason(s). The right to reject a report shall extend throughout the term of the Partner Agreement and for 90 days after the Provider submits the final invoice for payment. Progress payments will be allowed to the extent that the Partner can determine satisfactory progress is

RFQ 25-26/20, Page 6 of 14 being made. All payment terms will be documented in writing in the Partner Agreement and shall be in compliance with the CPP Grant.

K. Itemized Invoices:

The Partner Agreement will document the terms and conditions with respect to invoicing, but should at a minimum, provide as follows: All invoices prepared and submitted to a Partner must be itemized to demonstrate those services that are eligible under the grant and any Additional Non-Audit Services separately.

L. Cost of Services Structure:

The Partner Agreement will document the terms and conditions with respect to costs of services structure, but should at a minimum provide as follows: Providers shall provide detailed information regarding its audit fee structure, including the estimated weekly hours each person will spend and the rate per hour for each person for each year of the Agreement. Please detail any out-of-pocket expenses that are included in the fee structure.

Out-of-pocket expenses are defined as miscellaneous expenses such as parking fees, printing costs, overnight delivery costs (if requested by the Partner), etc.

Travel expenses proposed by the Provider must be itemized and approved in advance by the Partner. Travel expenses must be consistent with both the Port of Oakland’s Travel Authorization and Reimbursement Policy and the CPP Grant and be reasonable and necessary. Providers are strongly encouraged to limit travel costs and utilize electronic communication means to the greatest extent possible.

M. Term of Partner Agreement:

The Partner Agreement will document the term, which shall be consistent with the terms of the CPP Grant.

IV. Port Policy and Other Requirements

The selected Respondent will be required to comply with the following Port Policy and Other Requirements:

1. Insurance Requirements:

All Respondents who plan on submitting a Qualification in response to this RFQ must meet the Port’s Insurance requirements listed in Attachment 5. Respondents must include the Insurance Acknowledgment Statement (Attachment 6) with their RFQ agreeing to the Port’s insurance requirements and indicate they will be able to obtain the proper insurances at the time of retention by Partner(s) as documented in the Partner Agreement. Partner requirements established by individual Partner(s) may vary but must meet or exceed the minimum requirements outlined in (Attachment 5).

2. Required Contract Clauses

The following required contract clauses are applicable to this procurement – see Attachment 7 for complete details.

3. Federal Clauses and Certification The following federal requirements are applicable to this procurement – see Attachment 8 for complete details.

RFQ 25-26/20, Page 7 of 14

V. Submission Requirements

Please respond to the following nine (9) submission requirements in a straightforward, concise delineation of your capabilities proposed to satisfy the requirements of the RFQ. The Port will use your responses to objectively determine your capabilities and experience. Please label your responses 1 through 9, in the order presented below. Please limit your total response to the number of pages indicated below (excludes the required attachment forms provided with this

RFQ).

Submittal Format:

Responses may not be longer than 14 pages (one sided or 7 pages double sided), printed on 8 ½” x 11” paper and formatted in no smaller than 10-point font. Each section shall be labeled according to the sections below. Once downloaded and printed by the Port, submittals must be able to fit into a 9 x 11.5-inch folder. Please include a cover page with your submission.

1. Statement of Qualifications: Respondents shall provide clear, concise, and verifiable supporting information demonstrating compliance with each Minimum Qualifications Requirement identified in this RFQ (Refer to Section II). Responses shall be organized in the same order as the Minimum Qualifications listed and shall explicitly reference each requirement.

2. Responsiveness to the RFQ, Required Forms and Adherence to Port Policy and Other Requirements: The Respondent must fill out all of the forms included in this RFQ (listed under the “Attachments” section and marked with a “Yes” in the column titled “Must Be Returned with Qualification”), and return them with your Qualification. By returning the listed forms, your company is supporting and agreeing to the Port Policy and Other Requirements (listed in Section IV, “Port Policy and Other Requirements” of this RFQ).

Failure of the Respondent to provide any of the required forms may result in your Qualification being rejected for non-responsiveness. These required forms will not count against the maximum page count (indicated above) for your response.

3. Debarment Statement: Provide a written statement that your company has not been debarred from providing services to any State or Federal Agency within the last five (5) years. Sign and date your statement. If your company has been debarred, you will need to provide background information and the reason(s) for the debarment. Provide the name and contact information for the agency that debarred your company. The Port must review the reason(s) and duration for the debarment before it can determine if your company can be considered for this project.

4. Company Information: Provide the name of your company (including the name of any parent company), business address, email address, Federal Tax ID number, telephone, and names and titles of key management personnel, and a brief history of your company.

Provide a brief statement of who is authorized to submit the Qualification on the behalf of your company. Please make sure that person signs and dates the statement. If your company is making any exceptions to this RFQ, they must be clearly set forth in your Qualification and noted in this section. Exceptions are discouraged and may result in lower evaluation points during the Port’s evaluation of your Qualification.

5. Litigation and Other Information: Provide information describing any litigation, arbitration, investigations, or any other similar actions that your company, its principals, directors, and/or employees have been involved in during the last five (5) years relating to your company's services. Please list (a) name and court case or other identification number of each matter, (b) jurisdiction in which it was filed, and (c) outcome of matter (e.g., whether the case is pending, a judgment was entered, a settlement was reached or the case was dismissed). The Port will review the reason and timing of the action before it can determine if your company can be considered for this project. Failure to provide the litigation information may disqualify your Qualification. (This section will not count against the page limit)

RFQ 25-26/20, Page 8 of 14

6. Knowledge and Experience/Technical Abilities: Provide relevant information about your company’s knowledge and experience, including a list of three or more projects (in similar size and scope to that in this RFQ), with brief descriptions that demonstrate your experience. Also, provide the names of key personnel who will be assigned to do the work under this project and provide their relevant experience.

7. Similar Engagement/Client References: Provide names, addresses and contact information for three (3) current clients. Provide the size and scope of each project/similar engagement and a brief description of the projects in the last three to five years. Please make sure all contact information is current. By providing such information, you authorize us to contact such clients.

8. Peer and External Quality Control Review and Procedures: Provide an overview describing the general approach, procedures, and methodology of your company’s ability to fulfill the general functions required in this RFQ. Please use this section to describe your internal peer review and external quality control review processes used to ensure the accuracy, completeness, and technical adequacy of deliverables. The description shall identify when reviews occur, who performs them, and how review comments are resolved.

9. Compensation Rate Schedule/Price: Provide a compensation rate schedule worksheet and attach any proposed fee schedule (Attachment 4). Proposal cost will not be evaluated as part of this RFQ. Cost information will be shared and evaluated by Partners at a later date at Partners’ discretion. Compensation Rate Schedule/Price shall be consistent with the CPP Grant.

V. Evaluation Criteria

Prior to contract award, the Port must be assured that the Respondent selected has all of the resources required to successfully perform under the contract. This includes, but is not limited to, personnel with skills required, equipment/materials and financial resources sufficient to provide services called for under this contract. If during the evaluation process, the Port is unable to assure itself of the Respondent’s ability to perform under the engagement, if awarded, the Port has the option of requesting from the Respondent any information that the Port deems necessary to determine the Respondent’s capabilities. If such information is required, the Respondent will be notified and will be permitted five (5) working days to submit the requested information.

In selection of the list/pool, the Port will evaluate a number of factors in combination. Please make sure you have submitted responses to all items listed in the Submission Requirements section, as your responses will be evaluated based on the weights listed below.

Evaluation Criteria

Evaluation of Qualifications. Qualifications will be based on the criteria in 2 CFR §200.509(a), “Auditor Procurement”. Factors to be considered in evaluating each Qualification for audit services include Responsiveness to the RFQ, the Respondent’s relevant experience;

availability of staff with professional qualifications and technical abilities; the results of peer and external quality control reviews, and price.

Presentations. At the discretion of the Port or the Partners, Respondents submitting Qualifications may be requested to make oral presentations as part of the evaluation process. Presentations may be delivered in person or via teleconference. Reasonable advance notice will be provided to selected Respondents. Not all Respondents submitting a Qualification will be asked to participate in oral presentations.

However, the Port reserves the right to make an award or awards, or no awards, without further discussion of the Qualifications submitted. Therefore, Qualifications should

RFQ 25-26/20, Page 9 of 14 be submitted initially on the most favorable terms, from both the technical and process standpoints that the Respondent can Propose.

A. Evaluation Weights

Item Criteria Weights

A

Statement of Qualifications Provide sufficient documentation that clearly demonstrates your company meets the minimum qualifications listed in this RFQ.

Information that does not meet the required qualifications listed in RFQ will not be forwarded to the Evaluation committee (submission Requirement item 1).

Pass/Fail

B

Responsiveness to the RFQ, Adherence to Port Policy and Other Requirements, and Debarment Statement Qualifications from companies who have not or will not adhere to the Port Policy and Other Requirements, or who have been debarred and have not provided sufficient reasons/justification for the Port to review the circumstances surrounding the debarment will not be forwarded to the evaluation committee for review. (Items 2 and 3 of the Submission Requirements section.)

Pass/Fail

C

Company Information, Litigation and Other Information As evidenced from your response to the Submission Requirements Items 4 and 5.

15%

D

Knowledge and Experience/Technical Abilities Respondent’s knowledge and experience/Technical Abilities in providing Audit Services as evidenced from your response to item 6 of Submission Requirements section.

25%

E Similar Engagement/Client Reference As evidenced from your response to item 7 of the Submission Requirements section.

15%

F

Peer and External Quality Control Review and Procedures As evidenced from your response to item 8 of the Submission Requirements section.

25%

G

Compensation Rate Schedule/Price Proposal cost will not be evaluated as part of this RFQ. Cost information will be shared with Partners and evaluated by Partners at a later date if and when services are requested by Partner. (Attachment 4)

N/A

Total 100%

B. Selection Procedure:

All Qualifications received by the deadline which meet the RFQ’s requirements will be presented to the evaluation committee comprised of Port of Oakland staff and possibly external members. The evaluation committee will evaluate the Qualifications and score all submissions according to the evaluation criteria above. The selection process may include interviews (at the discretion of the evaluation committee) for the top-scoring submissions. If

RFQ 25-26/20, Page 10 of 14 interviews are to take place, the Port will notify the top scoring Respondents. Interview details and scoring requirements will be provided to selected Respondents prior to the interviews.

VI. Additional Provisions

The terms “Company”, “Consultant”, “Contractor”, “Proposer”, “Respondent”, “Seller”, “Supplier”, and “Vendor” whenever appearing in this RFQ or any attachments, are used interchangeably to refer to the company or firm submitting a Qualification in response to this RFQ.

A. Port’s Legal Name and Jurisdiction

The Port of Oakland (the “Port”) is legally known as the City of Oakland, a municipal corporation, acting by and through its Board of Port Commissioners. The Port is an independent department of the City of Oakland. The Port has exclusive control and management of all Port facilities and properties. Port facilities and properties consist of marine terminals, a railway intermodal terminal and container storage areas (collectively, the “Seaport”); the Oakland San Francisco Bay Airport (the “Airport”); electrical distribution grid infrastructure and energy procurement business (the “Port Utility”); commercial and industrial land and properties (collectively, “Commercial Real Estate”); and other recreational land, other land, undeveloped land, and water areas, all located in Oakland, CA. The Port issues Purchase Orders under the name “Port of Oakland”.

B. Ownership of Solicitation All rights to information developed, disclosed, or provided in a Qualification and its attendant submissions are the property of Port, unless a Respondent makes specific reference to data that is considered proprietary. To the extent that a Respondent does not make specific reference to data that is considered “confidential” and proprietary, submission of an RFQ constitutes the Respondent’s express (a) grant and assignment of a perpetual, transferable (in whole or in part), non-exclusive, royalty-free license to the Port for copyright, patent, or other intellectual property right (collectively referred to as “intellectual property”), and (b) agreement that the Port may use any such intellectual property without charge for any lawful purpose in connection with other Port development projects, including without limitation the creation of derivative works and issuance of sublicenses.

C. Deadline for Receipt of Qualifications Qualifications must be delivered to the “Electronic Delivery Address” via Liquid Files listed in the Request for Qualification (RFQ) no later than the date and time specified in the RFQ. When you upload your Qualification to Liquid Files, you will receive a copy of the email that Liquid Files generates to the buyer with your Qualification. There may be a slight delay in when Liquid Files emails your Qualification to the Port, so please ensure you have uploaded your Qualification with sufficient time to allow Liquid Files to generate an email to the Port. The Port will use the date and time stamp on the email document that is generated from Liquid Files as proof of timely delivery. (Please note: The Port may not actually download your Qualification until after the date and time for delivery has passed.) Qualifications received after the date and time specified in the RFQ will not be downloaded by the Port.

D. Public Records Act Under the California Public Records Act (Gov. Code § 7920.000 et seq.), the Port may be obligated to make available to the public the submitted Qualification and all correspondence and written questions submitted during the Request for Qualification process.

If Respondent believes portions of its Qualification contain trade secrets or proprietary financial information that should be exempt from disclosure under the Public Records Act, Respondent shall submit a separate copy of its entire Qualification with the protected material redacted with black boxes, with each redaction specifically

RFQ 25-26/20, Page 11 of 14 marked as ”CONFIDENTIAL”. Such separate copy shall not constitute the Qualification, but shall be used, if needed and appropriate, in response to an applicable Public Records Act request. If Respondent does not submit such a separate redacted Qualification, Respondent shall be deemed as not claiming that any portion of its Qualification contains trade secrets or proprietary financial information.

The Port reserves the right to independently determine whether any document is subject to disclosure and to make such information available to the extent required by applicable law, without any restriction or notice to Respondent.

E. Indemnification If Respondent is retained by Partner and subsequently receives and enters into a Partner Agreement, Respondent will be required to agree to an indemnity clause in substantial conformance with the following:

In addition to any indemnification provisions as between [Provider] and [Partner], to the fullest extent permitted by law (including, without limitation, California Civil Code Section 2782 and 2782.6), [Provider] shall defend (with legal counsel reasonably acceptable to the Port), indemnify and hold harmless Port and its officers, agents, departments, officials, representatives and employees (collectively “Indemnities”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Respondent or its Sub-consultants), expense and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct of Respondent, any Sub-consultant directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnities shall not apply to the extent that such Liabilities are caused in part by the sole negligence, active negligence, or willful misconduct of such Indemnities.

If there is an obligation to indemnify under this section, [Provider] shall be responsible for incidental and consequential damages resulting directly or indirectly, in whole or in part, from [Provider]’s acts or omissions.

F. Reimbursable Expenses

All expenses incidental to performing services including, but not limited to, overtime, reproduction of documents and other materials associated with Respondent’s deliverables and presentation materials; reproduction of construction contractor’s submittals; reproduction of design completion; Consultants’ submittals; transportation and subsistence; telephone, computer, facsimile, or other similar costs; and the like, shall be included within the contract price agreed upon between Partner and Provider as documented in the Partner Agreement.

G. Port’s Right to Modify Respondents are advised that the Port has not incurred any obligations or duties in soliciting this Request for Qualifications. The Port, at its sole discretion, reserves the right to reject any or all Qualifications submitted in response to this RFQ; to request additional information or clarification of information submitted; to cancel or modify, in part or in its entirety, this RFQ; to request new RFQs or pursue any other means for obtaining the desired services; to waive any informalities or minor irregularities in the RFQ, and other inconsequential deviations from the RFQ’s requirements. The Board of Port Commissioners retains the right to award this project in part or in total to the Respondent(s) of its choice, and to decide to undertake the project or to terminate the project at any time prior to any retention of Respondent by Partner.

RFQ 25-26/20, Page 12 of 14

H. Conflicts of Interest By submitting a Qualification, the Respondent represents that it is familiar with Section 1090 and Section 87100 et seq. of the California Government Code, and that it does not know of any facts that constitute a violation of said sections in connection with its Qualification. Respondent also represents that its Qualification has completely disclosed to the Port all facts bearing upon any possible interests, direct or indirect, which Respondent believes any member of the Port, or other officer, agent or employee of the Port or any department, or Partner(s) or Partners’ officer(s), agent(s) or employee(s) presently has, or will have, in any agreement arising from this RFQ, or in the performance thereof, or in any portion of the profits there under. Willful failure to make such disclosure, if any, shall constitute ground for rejection of the Qualifications or termination of any agreement by the Port for cause. Respondent agrees that if it enters into a contract with the Port, it will comply with all applicable conflict of interest codes adopted by the City of Oakland and Port of Oakland and their reporting requirements.

I. Cost of Preparing a Response All costs for developing a response to this RFQ and attending any Qualification meetings or selection meetings are entirely the responsibility of the Respondent and shall not be chargeable to the Port or Partner.

J. Compliance with Law The Respondent must comply with all laws, ordinances, regulations and codes of the Federal, State, and Local Governments, which may in any way affect the preparation of Qualifications or the performance of the contract, including but not limited to the CPP Grant (See also Federal Funding Acknowledgment section above)

K. Respondent’s Relationship The Respondent’s (and Respondent’s employees’ and contractors’) relationship to the Port and/or Partner shall be that of independent contractor and not deemed to be an employee or agent of the Port and/or Partner.

L. Qualification Considerations and Legal Proceeding Waiver The Port has absolute discretion with regard to acceptance and rejection of Qualifications. In order to be considered the party submitting a Qualification waives the right to bring legal proceedings challenging the Board of Port Commissioners choice of the award.

M. False Statements False statements in a Qualification will disqualify the Qualification.

N. Taxes The Respondent will be responsible for all Federal, State, and Local taxes.

O. Grade of Service The Respondent must provide professional service and maintain appropriate personnel to provide expedient and courteous service.

P. The Respondent’s Liability The Respondent shall be responsible for any and all damages to the Port’s premises resulting from the negligent acts or willful misconduct of the Respondent’s agents or employees.

Q. Amendments The Port may, at its sole discretion, issue amendments to this RFQ at any time before the time set for receipt of Qualifications. The Respondents are required to acknowledge receipt of any amendments (addenda) issued to this RFQ by acknowledging the

RFQ 25-26/20, Page 13 of 14

Addendum in the space provided on the RFQ Acknowledgement and Signature Form.

The Port shall not be bound by any representations, whether oral or written, made at a pre-Qualification, pre-contract, or site meeting, unless such representations are incorporated in writing as an amendment to the RFQ. For the avoidance of any doubt, the Port will not be party to the Partner Agreement.