County_of_San_Mateo,_Defined_Contribution_Plan_Audit_Services.pdf

County of San Mateo

Request for Proposals (RFP) for County of San Mateo, Defined Contribution Plan Audit Services

Human Resources Department

RFP No. 2026-RFP-00350

RFP Contact: Jay Castellano jcastellano@smcgov.org

1. Introduction and Schedule

The County of San Mateo (the “County” or “SMC”) covers most of the San Francisco Peninsula. The region covers 744 mi and is home to nearly 800,000 residents and 20 incorporated cities. The County provides for the health and welfare of all people within its borders and serves as the local government for the unincorporated areas. Innovation thrives here in industries including bioscience, computer software, green technology, hospitality, financial management, health care, education and transportation. The

County prides itself on how that prosperity fosters its commitment to protecting and enhancing the health, safety, welfare and natural resources of the community.

1.1. Summary

The County sponsors a voluntary defined contribution (DC) retirement program alongside its mandatory defined benefit (DB) retirement plan. The DB assets total almost $1 billion as of 12/31/2025 and consists of five plans:

• §457 Voluntary Plan, $946 million

• §401a Mandatory Plan, $22 million

• §457 OBRA Plan, $17 million

• §401a OBRA Plan (closed), $8 million

• §401a Money Purchase Plan, $5 million

• TOTAL, $998 million

The number of participants in each plan are as follows. Note that some participants are eligible and are participating in multiple plans.

• §457 Voluntary Plan, 9,762

• §401a Mandatory Plan, 1,245

• §457 OBRA Plan, 3,098

• §401a OBRA Plan (closed), 2,219

• §401a Money Purchase Plan, 49

• TOTAL, 16,373

The intended scope of the DC plan audits includes the following:

• Financial Reporting & Statement Audit: Verification of the plan's financial accuracy, including the statement of net assets available for benefits and changes in net assets.

• Participant Data & Eligibility Testing: Review of participant data such as enrollment, birth dates, and hire dates for eligibility compliance.

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• Contribution and Payroll Review: Verification that employee and employer contributions are accurately calculated, correctly allocated, and deposited in a timely manner (payroll remittance testing).

• Internal Controls Review: Evaluate internal controls over contributions, distributions, payroll remittances, recordkeeper oversight, etc.

• Distribution and Loan Testing: Review of participant loans and distributions for proper authorization and compliance with plan documents.

• Participant Investment Review: Analysis of investment valuation and allocation.

• Administrative Expense Check: Verification of the legitimacy of expenses paid by the plan.

• Compliance with Plan Document & Regulations: Checking that the plan is operating according to its written document and regulatory requirements.

• Documentation Review: Reviewing signed plan documents, amendments, committee meeting minutes, and summary plan descriptions.

1.2. Background

The County DC plan previously has not been independently audited. The Deferred Compensation

Advisory Committee (DCAC, the plan's governing body) made the decision to obtain a voluntarily audit.

The initial audit will be the baseline audit. The DCAC intends annual audits.

1.3. Contact Information

Jay Castellano Employee Benefits Email: jcastellano@smcgov.org Phone: (408) 757-8073

Department:

Human Resources Department

Department Head:

Michelle Kuka Director

1.4. Timeline

RFP Released June 10, 2026

Deadline for Questions, Comments and

Contract Exceptions

June 16, 2026, 5:00pm mailto:jcastellano@smcgov.org tel:(408)757-8073

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Proposal Due Date and Time July 2, 2026, 5:00pm

Interviews (tentative) July 30, 2026

Anticipated Contract Award Date September 7, 2026

2. Scope of Work

2.1. Defined Contribution Plan Audit

The intended scope of the DC plan audits includes the following:

• Financial Reporting & Statement Audit: Verification of the plan's financial accuracy, including the statement of net assets available for benefits and changes in net assets.

• Participant Data & Eligibility Testing: Review of participant data such as enrollment, birth dates, and hire dates for eligibility compliance.

• Contribution and Payroll Review: Verification that employee and employer contributions are accurately calculated, correctly allocated, and deposited in a timely manner (payroll remittance testing).

• Internal Controls Review: Evaluate internal controls over contributions, distributions, payroll remittances, recordkeeper oversight, etc.

• Distribution and Loan Testing: Review of participant loans and distributions for proper authorization and compliance with plan documents.

• Participant Investment Review: Analysis of investment valuation and allocation.

• Administrative Expense Check: Verification of the legitimacy of expenses paid by the plan.

• Compliance with Plan Document & Regulations: Checking that the plan is operating according to its written document and regulatory requirements.

• Documentation Review: Reviewing signed plan documents, amendments, committee meeting minutes, and summary plan descriptions.

2.2. Contract

The County intends to enter into a five (5) year contract with the selected firm. The Contract shall be subject to annual review. Timely and satisfactory performance of the auditing firm, the satisfactory negotiation of contract terms (including a price acceptable to both the County and selected firm), and the annual availability of an appropriation and will be subject to termination without cause.

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2.3. Records Retention and Access to Working Papers

All working papers and reports must be retained, at the firm's expense, for a minimum of seven (7) years, unless the firm is notified in writing by the County of the need to extend the retention period. The firm will be required to make working papers available upon request by the County.

3. Submission Requirements

3.1. Submission Deadline

Proposals must be electronically received by 5:00 pm, on Thursday, July 2, 2026 via eProcurement system.

Allow sufficient time for the upload to complete by the Due Date and Time. Partial uploads will automatically terminate, and proposals will be rejected. The eProcurement system submission time will be the official submission time. The County will not be responsible for and may not accept proposals that are late due to slow internet connections or for any other failure of the eProcurement system.

NOTE: The County does not maintain the eProcurement system and is not liable for site failures or technical problems. To resolve technical issues, contact OpenGov Technical Support by using the real time chat located in the lower right hand corner of the screen, or via email at procurement-support@opengov.com https://procurement.opengov.com/portal/smcgov

3.2. Pre-submission Registration

Organizations or individuals interested in responding to this solicitation must register online with the

County of San Mateo at:

• https://procurement.opengov.com/portal/smcgov

It is recommended that organizations complete this registration as soon as possible. The County will not be responsible for and may not accept proposals that are late due to a failure to register in the eProcurement system.

3.3. Submission via eProcurement Portal

Required Documents

Please refer to the Technical Proposal section for submittal documents and requirements.

Electronic Submissions

Include the proposer name and the RFP title and number in each filename. Submit proposals via the eProcurement website, allowing sufficient time for the upload to complete by the Due Date and Time. As noted above, the eProcurement portal submission time will be the official submission time, and partial uploads will automatically terminate, and proposals will be rejected. Contact eProcurement Portal with technical questions regarding this site.

Conflicts between Certain Requirements mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/smcgov https://procurement.opengov.com/portal/smcgov https://procurement.opengov.com/portal/smcgov/projects/236572/document?section=2251448

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Prior to the submission deadlines and solely relating to a determination of the timeliness of questions, comments, and proposal submissions, information displayed on the eProcurement portal site will take precedence in the event of a discrepancy between that information and the information within the solicitation documents. For all other discrepancies, the information in the solicitation documents will take precedence.

Format

Documents should be created in the following format:

• Text should be Times New Roman (12-point minimum font size) and unjustified (i.e., with a ragged-right margin)

• Pages should have margins of at least one inch on all sides (excluding headers and footers)

• If the proposal is lengthy, a Table of Contents should be included.

• PDF format is preferred.

Errors in Proposals

The County will not be liable for any errors in proposals. Proposals may be rejected as unresponsive if they are late, incomplete, missing pages or information, or cannot be opened for any reason. The County may waive minor irregularities, but such waiver will not modify any remaining RFP requirements.

3.4. Procurement Preference for Local Businesses and Local Non-Profits

The County of San Mateo has adopted a Procurement Preference for Local Businesses Ordinance (County

Ord. Code Ch. 2.89.) The purpose of this Ordinance is to promote a strong local economy by giving preference to local businesses, local non-profits, local small and micro businesses, and local small and micro non-profits in County procurements, to the extent consistent with the law and interests of the public. The County’s process for applying local preferences to competitive procurements is set forth in

County Ordinance Code Section 2.89.030. The Ordinance and exemptions (e.g. the ordinance will be exempt when all bids or proposals received are from Non-Profit Organizations) can be reviewed here:

Chapter 2.89 - PROCUREMENT PREFERENCE FOR LOCAL BUSINESSES | Code of Ordinances |

San Mateo County, CA | Municode Library

The requirements for bidders to establish eligibility for a local preference for this solicitation are detailed below in Section III (Submission Requirements) The Ordinance does not apply if a procurement is determined to be exempt (County Ord. Code sec. 2.89.050), and the County reserves the right to waive application of the Ordinance to this procurement if determined to be in the best interests of the County

(County Ord. Code sec. 2.89.060).

4. Minimum Qualifications, Local Business and Technical Proposal

4.1. Minimum Qualifications*

1. Mandatory Licensing and Regulatory Compliance

• Certified Public Accountant (CPA): The auditor must be licensed or certified by a state regulatory authority.

https://library.municode.com/ca/san_mateo_county/codes/code_of_ordinances?nodeId=TIT2AD_ART2.8INFIPRCOCO_CH2.89PRPRLOBU https://library.municode.com/ca/san_mateo_county/codes/code_of_ordinances?nodeId=TIT2AD_ART2.8INFIPRCOCO_CH2.89PRPRLOBU

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• Independence: The auditing firm must meet the independence standards of the AICPA and the

DOL. The auditor cannot have any financial interests in the plan, the plan sponsor, or act as the plan’s recordkeeper.

• Peer Review: The firm must submit a copy of its latest peer review report, which should be clean

(no significant deficiencies).

2. Specialized Experience

• Minimum Portfolio Size: Experience auditing at least 10–25 defined contribution plans (457(b), 401(a), etc.) similar in size and complexity to the sponsor's plan.

• Specific Experience: Demonstrated experience in auditing plans with similar asset types, participant counts, and automated recordkeeping systems.

• Proposer has been providing similar services for the past five (5) years.

3. Professional Education and Training

• The engagement partner and key staff must demonstrate recent, relevant specialized training

(continuing professional education - CPE).

• Membership in the AICPA Employee Benefit Plan Audit Quality Center (EBPAQC) or equivalent.

4. Staffing and Service Capabilities

• The audit team (specifically the manager and partner) must have at least 3-5 years of specialized experience in audits.

• The firm must have robust policies in place to protect sensitive participant data.

5. Standing

• Regulatory Record: The firm must disclose any DOL findings, peer review deficiencies, or legal issues against their EBP practice.

☐ Yes

☐ No

*Response required

4.2. Statement of Minimum Qualifications *

If any of the Minimum Qualifications are not met, explain any mitigating circumstances or exceptions that justify why this proposal should be considered further in this process.

*Response required

4.3. Is your firm registered with System for Award Management (SAM)? (Visit SAM.gov.)*

☐ Yes

☐ No

*Response required

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4.4. If registered with SAM.gov (U.S. government's System for Award Management), what is the registered Business Name and Unique Entity ID (UEI) Number?*

• UEI number can be obtained by registering your business through SAM.gov.

Maximum response length: 20 characters

*Response required

4.5. Procurement Preference for Local Businesses and Local Non-Profits

4.5.1. Is the Proposer a "Local Business"?

As Defined by Chapter 2.89.020 of the San Mateo County Ordinance Code, a “Local Business” means any for-profit business which has its principal place of business, or is headquartered, in San Mateo

County. If this designation applies to the proposer, a self-attestation form must be completed and provided with this response.

Please download the below documents, complete, and upload. If this designation is not applicable, please leave blank.

• SMC_LocalBusiness_self-atte...

4.5.2. Is the Proposer a Local "Small" or "Micro" Business?

As Defined by Chapter 2.89.020 of the San Mateo County Ordinance Code:

“Small Business” means any business which holds a Small Business Certification awarded by the

California Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS).

“Micro Business” means any Small Business certified by the OSDS which is automatically designated by the OSDS as a Micro Business due to gross annual receipts falling below the OSDS-designated dollar amount.

If the above designations apply, please provide the OSDS provided Certification ID.

If this designation is not applicable, please leave blank.

4.5.3. Is the Proposer a Local "Small" or "Micro" Non-Profit?

As Defined by Chapter 2.89.020 of the San Mateo County Ordinance Code:

“Small Non-Profit" means a Local Non-Profit with an annual revenue of $1,000,000 to $2,500,000 according to its most recently filed IRS Form 990.

“Micro Non-Profit" means a Local Non-Profit with an annual revenue of less than $1,000,000, according to its most recently filed IRS Form 990.

If the above designations apply, please provide your latest filed IRS form 990. A filing from the last two calendar years is acceptable.

If this designation is not applicable, please leave blank.

4.6. Technical Proposal

4.6.1. Introduction and Executive Summary *

Submit a letter of introduction and executive summary of the proposal. The letter must contain:

https://government-project.s3.us-west-2.amazonaws.com/153456/a16ffdc0-a0ee-44ca-b6de-1fddd010042f_SMC_LocalBusiness_self-attestation_form_120424.pdf

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• Name, title and contact information (email, phone, and address) for representative of proposer that is responsible for communication related to this RFP.

• Name, title, contact information, and signature of person authorized to obligate firm to perform the commitment contained in the proposal.

Submission of the letter will constitute a representation by proposer that it is willing and able to perform the commitments contained in the proposal and has not violated the terms of this RFP.

*Response required

4.6.2. Project Approach*

This section should correlate to the Scope of Work.

• Proposer should give a short summary describing how it will perform the relevant work.

• Include a report produced for another public agency with a similar scope of work.

• Describe any unique considerations when performing a first-time audit for a defined contribution plan.

*Response required

4.6.3. Scope of Work tasks/milestones*

Describe your proposed approach to developing and gaining stakeholder concurrence on tasks/milestones at the beginning of projects.

*Response required

4.6.4. Proposed schedule *

Attach proposed schedule reference ability to complete the project within the County's required time frame. The DCAC would like to review and approve of the initial audit in February 2027. Subsequent reviews would also targeted for the DCAC's February meetings.

*Response required

4.6.5. Innovations*

Refence any notable innovations or improvements that you expect to provide (with respect to, for example, efficiency, technology, sustainability)

*Response required

4.6.6. Performance Measures*

Describe a plan for establishing and achieving performance measures.

*Response required

4.6.7. Firm Qualifications *

Attach information regarding background and qualifications, including the following:

• A brief description of the proposer.

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• A description of not more than three (3) projects similar in size and scope conducted by the proposer, including the client, reference and telephone numbers, primary staff members involved, budget, schedule, and project summary. Descriptions should be limited to one (1) page for each project.

• If subcontractors are anticipated, identify them (if known) and provide information on how they will be used.

*Response required

4.6.8. Team Qualifications*

Provide a chart identifying:

▪ Project team and reporting structure

▪ Lead project manager

▪ Role each person will play in the project

Provide a description of the experience and qualifications of the project team members, including short resumes.

Written assurance that the key individuals listed and identified will be performing the work and will not be substituted or reassigned without the County’s prior approval.

*Response required

4.6.9. References*

Provide Three references from existing clients, two references from former clients. Provide contact information for all clients. for each of the following, including the name, address, email address and telephone number of recent clients (preferably other public agencies):

• Three references from existing clients

• Two references from former clients

*Response required

4.6.10. Fee Proposal*

Please download the below documents, complete, and upload.

The primary fee proposal should assume that audits will be performed in each of the five years of the contract. To provide the DCAC with flexibility with regard to cost and workload management, include a second fee proposal for a scenario that assumes audits are performed in the first, third and fifth year of the five-year contract.

The County reserves the right to accept other than the lowest priced offer and to reject any proposals that are not responsive to this request.

• PRICING_TEMPLATE.xlsx https://government-project.s3.us-west-2.amazonaws.com/236572/96eb0168-2723-4b25-a48e-99f35225783c_PRICING_TEMPLATE.xlsx

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*Response required

5. Evaluation and Selection Criteria

The proposals will be evaluated by a selection committee with relevant expertise. The County intends to evaluate the proposals generally in accordance with the criteria itemized below. Proposers with the highest scoring proposals may be interviewed by the committee to make the final selection.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Project Approach

• Timeline

• Technology

• Communication

• Acceptance of County's exemplar agreement

Ratings for this criterion will be based primarily but not exclusively on responses in

Section 4.3.1 to 4.3.6.

Points Based 30 (27.3% of Total)

2. Firm Qualifications

• Established accounting firm

• Public sector accounting and auditing experience

• Understanding of §457 and

§401a plans

Ratings for this criterion will be based primarily but not exclusively on responses in

Section 4.3.7 and 4.3.9.

Points Based 20 (18.2% of Total)

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3. Team Qualifications

• Experience of leaders of engagement team

• Experience of engagement team

• Reference Checks o Check client satisfaction o Check the diligence and clarity of communications o Check ability to abide by timelines and deadlines

Ratings for this criterion will be based primarily but not exclusively on responses in

Section 4.3.8 to 4.3.9.

Points Based 20 (18.2% of Total)

4. Price

Evaluation will be based on a "Best Value" methodology. While absolute price is a factor, the DCAC reserves the right to award to the proposer who provides the best overall solution, balancing technical, service, and cost considerations to deliver the highest value.

Ratings for this criterion will be based primarily but not exclusively on responses in

Section 4.3.8 to 4.3.10.

Points Based 30 (27.3% of Total)

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5. Preferential Points

Where price is not the sole evaluation factor for a solicitation (e.g., in the case of a "best-value" solicitation), five percent (5%) of the total evaluation points awardable will be added to the proposal score for each Local Business or

Local Non-Profit score for evaluation purposes.

In the event of a tie between a Local Business or Local Non-Profit and another bidder, the

Local Business or Non-Profit shall be awarded the Contract, assuming agreement on other contract terms.

An additional three percent (3%) preference shall be given to a Local Business or Local

Non-profit (for a total of eight percent (8%) of total points awardable) if the proposer is a

Small Business or Small Non-Profit, or an additional 5 percent preference (for a total of ten percent (10%) of total points awardable) if the proposer is a Micro Business or Micro Non-

Profit.

Points Based 10 (9.1% of Total)

6. Instructions to Proposers

6.1. Instructions

There will be no pre-proposal conference or site visit for this project.

6.2. Communications

A. As of the issuance date of this RFP and continuing until it is canceled or an award is made, no proposer or person acting on behalf of a prospective proposer may discuss any matter relating to the RFP with any officer, agent, or employee of the County, other than through eProcurement portal, to the Authorized Contact Person, or as outlined in the evaluation or protest procedures.

B. Proposers (including any agent, owner, employee, board members, or other such affiliates) shall not offer any gift, favor, or other personal benefit to any County officer or employee during the procurement process for this agreement, including during the solicitation period and contract negotiations.

Violation of the foregoing prohibitions may result in a proposer being found non-responsible and barred from participating in this or future procurements.

6.3. Contract Award

A. Award Procedure

Contract negotiations are neither an offer nor guarantee that a contract will be executed. A contract award, if any is made, will be to the responsive, responsible proposer offering the overall best value to the County for the services and goods described in this solicitation, or as applicable, for a specific portion of the services and goods described. Any agreement reached will be

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B. Notice of Intent to Award

If a decision is made to take steps to enter into an agreement with one or more proposers, the

County will post a Notice of Intent to Award or otherwise notify proposers the remaining proposers of their non-selection. Notice may instead be provided by including approval of the agreement as an item on an agenda for a meeting of the Board of Supervisors.

C. Commencement of Performance

After all parties have signed the agreement, the County will notify the contractor and performance may proceed. Prior to execution of the agreement by the County, no County employee may authorize work under the agreement. Any work performed prior to the full execution of the Agreement may not be compensated.

D. Levine Act DisclosureThe Levine Act (California Government Code Section 84308) imposes certain requirements on parties contracting with the County of San Mateo related to campaign contributions to County “officers,” including elected County officers and candidates seeking elective office, who may participate in making a decision on certain County contracts. Elected

County officers in San Mateo County include: the San Mateo County Board of Supervisors, Assessor-County Clerk-Recorder, County Controller, Coroner, District Attorney, Sheriff, and Tax

Collector-Treasurer.Generally, under current County policy, approval by the Board of

Supervisors is required for any agreement for services above $200,000, and agreements for services below that threshold may be approved by Department heads.If your proposal is selected, you will be required to certify compliance with the Levine Act.As part of this process, you will need to certify and warrant that you have fully complied, and will remain in full compliance, with all applicable requirements of the Levine Act in connection with the

Agreement, including making any required disclosures of campaign contributions to County

Officers, which includes but may not be limited to elected County Officers. Elected County

Officers include members of the San Mateo County Board of Supervisors, as well as the

Assessor-County Clerk-Recorder, Controller, Coroner, District Attorney, Sheriff, and Tax

Collector-Treasurer. Any campaign contribution required to be disclosed under the Levine Act in connection with this Agreement shall be disclosed on the County of San Mateo Levine Act

Disclosure Form, a copy of which is available from the County upon request.Parties are solely responsible for accurate certification and disclosure. The Levine Act is complex, and this brief description is not legal advice. For example, certain contributions must be aggregated when determining whether contributions have exceeded the $500 threshold. If your proposal is selected, you are urged to review the Levine Act and consider consulting an attorney.

6.4. Term

Human Resources Department is issuing Request for Proposal (RFP) No. 2026-RFP-00350 for County of

San Mateo, Defined Contribution Plan Audit Services.

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The agreement shall have a term of five (5) years. The County’s standard contract template has been included with this solicitation. The awarded contractor will be expected to sign an agreement prepared by the County using this template. Please ensure that your firm has completed legal review of these contract terms. If your firm wishes to request exceptions to these standard terms, submit a Contract Exceptions

Request by the Deadline for Questions, Comments and Contract Exceptions listed in the Solicitation

Schedule below. The County will consider Contract Exceptions Requests but reserves the right to reject requested modifications to its standard terms.

7. Terms and Conditions for Receipt of Proposals

7.1. Errors, Omissions and Inquiries regarding the RFP

Proposers are responsible for reviewing all portions of this RFP. Proposers are to notify the department, in eProcurement portal, if the proposer discovers any ambiguity, discrepancy, omission, or apparent error in the RFP. Such notification should be made promptly after discovery, but in no event later than five business days prior to the deadline for receipt of proposals. Modifications and clarifications will be made by addenda as provided below.

Inquiries regarding the RFP should be lodged in eProcurement portal.

7.2. Objections to RFP Terms

Should a proposer object on any ground to any provision or legal requirement set forth in this RFP, the proposer must, not more than ten calendar days after the RFP is issued, provide written notice to the department, via eProcurement portal, setting forth with specific grounds for the objection.

7.3. Addenda

The County may cancel, revise, or reissue this RFP, in whole or in part, for any reason. Revisions will be posted as Addenda on eProcurement portal. No other revision of this RFP is valid. Proposers shall be responsible for ensuring that their proposals reflects any and all Addenda issued by the County prior to the proposal due date regardless of when a proposal is submitted. Therefore, the County recommends that proposers consult eProcurement portal frequently, including shortly before the proposal due date, to confirm that all Addenda have been downloaded.

7.4. Term of Proposal

Submission of a proposal signifies that the proposed services and prices are valid for the duration of the proposed agreement term and that the quoted prices are genuine and not the result of collusion or any other anti-competitive activity.

7.5. Revision or Withdrawal of Proposal

A proposer may revise a proposal on the proposer’s own initiative at any time before the deadline for submission of proposals. The proposer must submit the revised proposal in the same manner as the original on or before the proposal due date.

A proposer may withdraw a proposal at any time before the deadline for submission of proposals. After that time, whether or not a new RFP is issued for the same subject matter, withdrawal of a proposal may preclude the proposer from participating in the procurement as a proposer or subcontractor, except that an original equipment manufacturer may participate indirectly through a reseller.

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7.6. Errors and Omissions in Proposal

The County will not be liable for any errors in proposals. Proposals may be rejected as unresponsive if they are incomplete, are missing pages or information, or cannot be opened for any reason. The County may waive minor irregularities, but such waiver will not modify any of the remaining RFP requirements.

7.7. No Commitment

Neither submission of a proposal nor the County’s receipt of proposal materials confers any right to the proposer nor any obligation on the County. This RFP does not commit the County to award a contract.

7.8. Financial Responsibility

The County shall have no financial responsibility for any costs incurred by a firm in responding to this

RFP or participating in any presentations or negotiations.

7.9. Estimated Quantity

If the RFP results in an indefinite quantity or a requirements agreement, the goods and services actually requested by the County may be less than the maximum value of the agreement and there is no guarantee, either expressed or implied, as to the actual quantity of goods and services that will be authorized under the agreement.

7.10. Public Record

A. General

1. All proposals, protests, and information submitted in response to this solicitation will become the property of the County and will be considered public records. As such, they may be subject to public review.

2. Any contract arising from this RFP will be a public record.

3. The County is not seeking proprietary information and will not assert any privileges that may exist on behalf of the proposer.

4. Submission of any materials in response to this RFP constitutes:

▪ Consent to the County’s release of such materials under the Public Records Act without notice to the person or entity submitting the materials; and

▪ Waiver of all claims against the County and/or its officers, agents, or employees that the

County has violated a proposer's right to privacy, disclosed trade secrets, or caused any damage by allowing the proposal or materials to be inspected; and

▪ Agreement to indemnify and hold harmless the County for release of such information under the Public Records Act; and

▪ Acknowledgement that the County will not assert any privileges that may exist on behalf of the person or entity submitting the materials.

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7.11. Confidential Information

A. Proposers are responsible for asserting any applicable privileges or reasons why a document should not be produced in response to a public record request.

B. If submitting information protected from disclosure as a trade secret or any other basis, identify each page of such material subject to protection as “CONFIDENTIAL.” If requested material has been designated as confidential, the County will attempt to inform the proposer of the public records request in a timely manner to permit assertion of any applicable privileges.

C. Failure to seek a court order protecting information from disclosure within ten days of the

County’s notice of a request to the proposer will be deemed agreement to disclosure of the information and the proposer agrees to indemnify and hold the County harmless for release of such information.

D. Requests to treat an entire proposal as confidential will be rejected and deemed agreement to

County disclosure of the entire proposal and the proposer agrees to indemnify and hold the

County harmless for release of any information requested.

E. Trade secrets will only be considered confidential if claimed to be a trade secret when submitted to the County, marked as confidential, and compliant with Government Code Section 6254.7.

7.12. Reservations of Rights by the County

The issuance of this RFP does not constitute an agreement by the County that any contract will actually be entered into by the County. The County expressly reserves the right at any time to:

• Waive or correct any defect or informality in any response, proposal, or proposal procedure;

• Reject any or all proposals;

• Reissue an RFP;

• Prior to submission deadline for proposals, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the proposals;

• Procure any materials, equipment or services specified in this RFP by any other means; or

• Determine that no project will be pursued.

7.13. No Waiver

No waiver by the County of any provision of this RFP shall be implied from any failure by the County to recognize or take action on account of any failure by a proposer to observe any provision of this RFP.

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7.14. Cooperative Agreement (Piggyback)

This competitive solicitation is being conducted as a Cooperative Procurement. The services, terms and conditions of any agreement resulting from this solicitation may be used by other organizations as a

Cooperative Agreement.

This provision in no way commits any affiliate to procure services from any awarded contractor, nor does it guarantee that any additional orders will result. At their discretion, and subject to their own procurement policies, interested organizations may make use of this competitive procurement and contract directly from the awarded contractor.

8. Protest Procedures

8.1. Protest of Non-Responsiveness Determination

Within five (5) working days of the County's issuance of a notice of non-responsiveness, any firm that has submitted a proposal and believes that the County has incorrectly determined that its proposal is non-responsive may submit a written notice of protest. Such notice of protest must be received by the County on or before the fifth working day following the County's issuance of the notice of non-responsiveness. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the proposer, and must cite the law, rule, local ordinance, procedure or RFP provision on which the protest is based. In addition, the protestor must specify facts and evidence sufficient for the County to determine the validity of the protest.

8.2. Protest of Contract Award

Within five (5) working days of the County's issuance of a notice of intent to award the contract, any firm that has submitted a responsive proposal and believes that the County has incorrectly selected another proposer for award may submit a written notice of protest. Such notice of protest must be received by the

County on or before the fifth working day after the County's issuance of the notice of intent to award.

The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the proposer, and must cite the law, rule, local ordinance, procedure or RFP provision on which the protest is based. In addition, the protestor must specify facts and evidence sufficient for the County to determine the validity of the protest.

8.3. Delivery of Protests

All protests must be received by the due date. If a protest is mailed, the protestor bears the risk of non-delivery within the deadlines specified herein. Protests should be transmitted by a means that will objectively establish the date the County received the protest. Protests or notice of protests made orally

(e.g., by telephone) will not be considered. Protests must be delivered to:

Protests@smcgov.org

Subject: County of San Mateo, Defined Contribution Plan Audit Services, 2026-RFP-00350

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