DESIGN-BUILD_FOR_PARKING_ACCESS_REVENUE_CONTROL_SYSTEM_REPLACEMENT.pdf

COUNTY OF ORANGE

JOHN WAYNE AIRPORT

REQUEST FOR PROPOSAL (RFP)

FOR

DESIGN-BUILD FOR PARKING ACCESS REVENUE

CONTROL SYSTEM REPLACEMENT

RFP NO. 280-3041306-GK (STEP TWO OF A TWO-STEP

PROCUREMENT)

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/ocgov https://secure.procurenow.com/portal/%7bproject.government.code%7d

County of Orange RFP

John Wayne Airport - DESIGN-BUILD FOR PARKING ACCESS REVENUE CONTROL SYSTEM REPLACEMENT, 280-

3041306-GK (Step Two of a Two-Step Procurement) Page 1 of 47

County of Orange

John Wayne Airport

Procurement and Contract Services

3160 Airway Ave

Costa Mesa, CA

92626

SCHEDULE OF ACTIVITIES

Release of RFP Solicitation August 19, 2026

Pre-Submittal Meeting and Site Visit

(Mandatory)

August 26, 2026, 11:30am

18601 Airport Way, Santa Ana, CA 92707, John Wayne Statue

Question Submission Deadline August 26, 2026, 2:00pm

RFP Submittal Closing September 9, 2026, 2:00pm

Proposal Evaluations September 24, 2026

Interviews with the Top Ranked

Firm(s)

October 1, 2026, 10:00am

PROPOSALS MUST BE RECEIVED ON

OR BEFORE

Wednesday, September 9, 2026

2:00 pm

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SECTIONS

SECTION 1. INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

SECTION 2. SCOPE OF WORK

SECTION 3. FEDERAL AVIATION ADMINISTRATION (FAA) REQUIREMENTS

SECTION 4. SCORING CRITERIA

SECTION 5. PROTEST PROCEDURES

SECTION 6. OCLSB AND DVBE PREFERENCE POLICIES CERTIFICATION

REQUIREMENTS

SECTION 7. SUPPLIER RESPONSES

Attachments:

A - DB PARCS Model Contract

B - Attachment B - Cost Proposal

C - JWA PARCS Progress Plan Set

D - JWA PARCS Division 01_v01

E - JWA PARCS Other Divisions v01

F - Appendix A - JWA PARCS Sign Inventory

G - Typical Ingress Egress Block Diagram

H - OCLSB Verified List Feb. 2026

I - Orange County District Attorneys Office Public Works Unit

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SECTION 1. INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

1.1 INTRODUCTION AND OVERVIEW

The County intends that the successful Design-Build Entity (D-BE) shall provide design and construction services proposed in accordance with contract requirements set forth in the Design-

Build Model Contract, including General Conditions and Attachments for an expanded description of the Statement of Work. The County and its consultants will oversee the design and construction of the facilities.

The County has developed bridging documents that include project conceptual plans and performance specifications. The bridging documents are provided herein and shall be utilized by the Respondents in preparation of their response.

The County has engaged the following Architect-Engineering firm (firm) with its sub-consultants or other firms, to provide the bridging documents, requirements and other related supporting technical documents:

Jacobs Engineering Group

2600 Michelson Dr. Suite 500

Irvine, CA 92612

The firm listed above has been associated with this Project and is provided for informational purpose only. This list is not intended to be relied on for purposes of compliance of any conflict of interest rules or applicable laws or regulations affecting this Project. The D-BE is responsible for due diligence in identifying and avoiding all potential conflicts of interest related to contracting for, and construction of, this Project. The awarded D-BE’s architect will be the Architect-of-

Record.

1.2 COUNTY HOLIDAYS DURING SOLICITATION PERIOD

During this solicitation period, the John Wayne Airport will be closed on the following County holidays listed in the link - https://hrs.oc.gov/employee-relations/employee-resources

1.3 INSTRUCTIONS TO RESPONDENTS AND PROCEDURES FOR SUBMITTAL

A. This is a fully electronic Request for Proposals (RFP). Responses are to be uploaded via the County's eProcurement Portal. Note: Allow sufficient time to upload all required files.

The County’s eProcurement Portal will not allow any uploads after the due date and time specified herein, e.g., if Part 1 and 2 uploaded successfully at 1:58:38 P.M. and Part 3 is in progress of being uploaded at 2:00:01 P.M., Part 3 will not upload successfully.For assistance on uploading Response via County’s eProcurement Portal, please contact procurement-support@opengov.com or https://help.procurement.opengov.com/en/

B. Examine the Contract Documents and the site of the proposed work carefully before submitting a Response for the work contemplated. Investigate the conditions to be encountered, as to the character, quality, and quantities of work to be performed and https://hrs.oc.gov/employee-relations/employee-resources https://procurement.opengov.com/portal/ocgov mailto:procurement-support@opengov.com https://help.procurement.opengov.com/en/

3041306-GK (Step Two of a Two-Step Procurement) Page 4 of 47 materials to be furnished and as to the requirements of all Contract Documents.

The County has attempted to provide all information available. It is the responsibility of each Respondent to review, evaluate, and, where necessary, request any clarification prior to submission of a Response. If any person contemplating submitting a response to this

Request for Proposal (RFP) is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or omissions from the specifications, they may submit a written request for clarification/interpretation to the County Deputy

Procurement Agent (DPA) via the County’s eProcurement Portal under the bid page for this solicitation.

If clarification or interpretation of this solicitation is considered necessary by County, an addendum shall be issued, and the information will be posted via the County’s eProcurement Portal. Any interpretation of, or correction to, this solicitation shall be issued by the DPA. It is the responsibility of each Respondent to periodically check the County’s eProcurement Portal to ensure that they have received and reviewed any and all addenda to this solicitation.

The County will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any verbal information. If an addendum is issued, Respondents must acknowledge the addendum via the County’s eProcurement

Portal.

All questions or requests for interpretations must be received within this solicitation by the due date listed on the timeline. The DPA will provide all official communication concerning this solicitation. Any County response relevant to this solicitation other than through or approved by the DPA is unauthorized and will be considered invalid.

C. Responses must be valid for a period of at least three hundred sixty-five (365) calendar days from the closing date and time of receipt. No Response may be withdrawn after the submission date.

D. Responses that exceed the page limit will be disqualified from further consideration.

E. Responses are not to be marked as confidential or proprietary. The County may refuse to consider any Responses so marked. All Responses and supporting documents will be subject to the provisions of the California Public Records Act (California Code

Government Code 7920.000 et seq.) (PRA) and will be disclosed or withheld in accordance therewith. The County shall not be liable in any way for disclosure of any such records.

Additionally, all Responses shall become the property of the County.

Respondents should not request that certain information be treated as exempt, and statements in the Responses should not be marked as confidential or proprietary. In the event that any information is marked as confidential or proprietary, as it may be absolutely necessary, Respondents have the sole responsibility of obtaining any applicable injunctive https://procurement.opengov.com/portal/ocgov

3041306-GK (Step Two of a Two-Step Procurement) Page 5 of 47 reliefs to prevent the disclosure of such confidential proprietary information in connection with any request made to County pursuant to PRA or a subpoena for disclosure of such information.

F. Each Respondent shall exercise reasonable care and diligence to avoid submitting a

Response that could result in a conflict of interest if Respondent were to be selected. This obligation shall apply to the Respondent, the Respondent’s employees, agents, and relatives, sub-contractors, and third parties associated with accomplishing work and services in response. In the event Respondent has done work for the County on this Project in the past or has reason to believe that a conflict of interest may exist for Respondent in regard to this Project, Respondent should consult with its legal counsel prior to responding to this solicitation. Any Respondent who is found to have an actual conflict of interest may have its response rejected on that ground.

Respondent, its employees and/or consultants may be subject to the provisions of the

California Political Reform Act of 1974 (the “Act”), which (1) requires such persons to disclose any financial interest that may be materially affected by services provided under this Contract, (2) prohibits such persons from making, or participating in making, decisions that could reasonably affect such interest; and (3) may require the filing a Statement of

Economic Interest (Form 700).

If subject to the Act, Respondent shall conform to all requirements of the Act. Failure to do so shall constitute a material breach and is grounds for immediate termination of the

Contract by County. Respondent shall indemnify and hold harmless County for any and all claims for damages resulting from Respondent’s violation of this Section.

G. By submitting a response, the Respondent represents that it thoroughly examined the

County’s requirements, is familiar with the services required under this solicitation and is qualified and capable of providing the services to achieve the County’s objectives.

H. Each Respondent must submit its response in strict accordance with all requirements of this solicitation and compliance must be stated in the response. Deviations, clarifications and/or exceptions must be clearly identified and listed separately as alternative items on additional information section for the County’s consideration as specified in the

Response Requirements Section, “Statement of Compliance.”

I. Pre-contractual expenses are not to be included in the Cost Proposal, Attachment B, Cost/Compensation. Pre-contractual expenses are defined as including, but not limited to, expenses incurred by the Respondent in: a) preparing the response to this solicitation; b) submitting that response to the County; c) negotiating with the County any matter related to the Respondent’s response; and d) any other expenses incurred by the Respondent prior to the date of award and execution, if any, of the Contract.

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J. Any response may be construed as non-responsive and ineligible for consideration if it does not comply with the requirements of the solicitation, including but not limited to technical features, acknowledgment of receipt of addenda, and page number limits, etc. These are common causes for deeming a response non-responsive.

K. Where two or more Respondents desire to submit a single response to this solicitation, they must do so on a prime/subcontractor basis rather than as a joint venture. The County intends to contract with a single firm that may subcontract with multiple firms (team) but not with multiple firms doing business as a joint venture.

L. County does not require and neither encourages nor discourages the use of lobbyists or other consultants for the purpose of securing business.

M. The County requires a valid D-U-N-S number prior to Contract Award. If needed, your company may obtain one at no cost at www.dnb.com. If you are unable to provide/obtain a D-U-N-S number, please indicate so in your submission response.

N. The County requires a valid UEI number and full registration prior to Contract

Award. Your company must obtain one at no cost at www.usfcr.com. If you are unable to provide/obtain a UEI number, please indicate so in your submission response.

O. Effective from the issuance date of this solicitation until a Contract is awarded or the solicitation is withdrawn, all individuals or entities responding—including their employees, agents, representatives, proposed partners, subcontractors, members, lobbyists, or attorneys (collectively "Respondents")—are prohibited from engaging in any direct or indirect communication with County personnel involved in the selection process, except with the designated Deputy Procurement Agent (DPA). Respondents may continue conducting business with the County on matters unrelated to this solicitation and may communicate with County staff, provided the solicitation is not discussed. Any attempt to engage in discussion regarding this solicitation with anyone other than the designated DPA will be presumed to create an unfair competitive advantage and may result in disqualification.

P. After the closing date and time for receipt of Responses, evaluation, and if requested by the County, in-person interviews will commence. Respondents who submit Responses most responsive to the County’s requirements may be asked to give a presentation of their response to County staff. The County makes no guarantee as to the number of Respondents selected for in-person interviews. Selected Respondents should be prepared to make its presentation within five (5) business days after notification and be prepared to discuss all aspects of its response in detail, including technical questions regarding the response.

Respondents shall not be allowed to alter or amend its response through the use of the presentation process.

http://www.dnb.com/ http://www.usfcr.com/

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County Deputy Procurement Agent (DPA) for this solicitation is: Gilbert Kim, gkim@ocair.com

1.4 COMMUNICATION

Respondents are not to contact other County personnel with any questions or clarifications concerning this solicitation. All questions regarding this solicitation must be submitted via the

Question & Answer section of this solicitation within the County’s eProcurement Portal. Any

County response relevant to this solicitation other than through or approved by County is unauthorized and will be considered invalid.

County's Deputy Procurement Agent, Gilbert Kim, gkim@ocair.com, will provide all official communication concerning this solicitation.

1.5 ADDITIONAL DESIGN BUILD INSTRUCTIONS TO RESPONDENTS AND

PROCEDURES FOR SUBMITTAL

Respondent shall submit Cost Proposal which includes the total proposed Guaranteed Maximum

Price (“GMP”) for design phase services, construction services profit margin, construction labor

& overhead, and hourly rate schedule. This will be used for negotiations and for scoring purposes.

1.6 MANDATORY PRE-SUBMITTAL MEETING AND SITE VISIT

Attendance of Pre-Submittal Meeting and Site Visit is required. No one will be admitted 10 minutes after meeting has started and sign-in is required. The meeting will be located at 18601

Airport Way, Santa Ana, CA 92707, John Wayne Statue. At this meeting, County staff will discuss the scope of work, general contract issues and respond to questions from the attendees. The Pre-

Submittal Meeting and Site Visit will be conducted one time only. Contractor must stay until the meeting has ended. Failure of any Respondent to attend this Mandatory Pre-Submittal

Meeting and Site Visit shall constitute a substantial variation from the requirements of the Contract

Documents and the response of any Respondent not in attendance will be rejected as nonresponsive. All questions will need to be submitted in writing through the County’s eProcurement Portal.

• Please confirm your attendance by emailing Gkim@ocair.com no later than 24 hours before the meeting.

• Respondents are responsible for securing parking and payment of parking fees (if applicable).

• Respondents are encouraged to arrive early to ensure a parking space.

1.7 MINIMUM QUALIFICATIONS/REQUIREMENTS

Respondent’s shall meet the following minimum requirements and qualifications to proceed to the evaluation process. Failure to have the ability to, upon County request, provide any of the https://procurement.opengov.com/portal/ocgov mailto:Gkim@ocair.com

3041306-GK (Step Two of a Two-Step Procurement) Page 8 of 47 items requested below may result in disqualification of your response. These qualifications must be maintained during the term of any resultant Contract.

A. Must have the ability to do business in Orange County, California;

B. Complete all required Supplier Response questions of the solicitation;

C. Provide all required information, complete all required Exhibits, and pass all IT security requirements.

D. Have minimum five (5) years of consecutive, recent experience developing, implementing, and commissioning Parking Access Revenue Control Systems.

E. Firm to have (3) three similar size projects for public agencies or airports.

F. Design Engineer shall be a Licensed Professional Civil Engineer in the State of

California and must possess a minimum of ten (10) years of experience.

G. Possess a valid Class A License at time of response submission.

H. Have an existing fully functioning product that can be demonstrated live on-site or via remote access.

1.8 EVALUATION PROCESS

Responses deemed to meet all minimum solicitation requirements will be scored based on the established evaluation criteria and will be assigned points that measure the responsiveness to each identified criterion. The total number of points earned will be tallied for each response, based upon the Respondent(s) submitted written materials.

Responses shall be evaluated by an Evaluation Panel of job knowledge experts on the basis of the responsiveness to the requirements in this RFP. The County may request clarifications, or otherwise verify the contents of the response, including information about the Respondent, Contractors and sub-contractors.

The scoring is based on evaluation of the response as measured against the Scoring Criteria, which includes County of Orange Procurement Preference Policy, in accordance with Sections 1.8-103 and 4.3-112 of the 2026 County Contract Policy Manual (CPM). A copy of the 2026 CPM can be found at https://cpo.oc.gov/cpm. Responses will be evaluated from the most advantageous to the least advantageous to the County.

1.9 ADDITIONAL DESIGN-BUILD EVALUATION PROCESS AND CRITERIA

The Design-Build Contract shall be made to the responsible Respondent whose Proposal is determined by the County to be the best value based on the evaluation factors included in this solicitation.

The D-BE will be selected through a qualifications and cost-based selection process based on the criteria stated in this solicitation.

https://cpo.oc.gov/cpm

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1.10 SELECTION/AWARD PROCEDURES

Upon the completion of the evaluation process, the Evaluation Committee will make a recommendation for an award to the County’s DPA. Final award determination shall be subject to reference checks and past performance.

The Model Contract contained herein this RFP is the Contract proposed for execution. It may be modified to incorporate negotiated items and other pertinent terms and conditions set forth in this

RFP, including special conditions and requirements and those added by addendum, necessary attachments and/or exhibits, and to reflect Respondent’s response and qualifications. Any additional exceptions to the terms and conditions made by any Respondent after submission of its response may result in its elimination from further consideration.

Exceptions to the terms and conditions of the Model Contract or the statements regarding

Respondent’s inability to comply with any of the provisions thereof are to be declared in the response to the RFP in SUPPLIER RESPONSES - Statement of Compliance.

Negotiations may or may not be conducted with the finalist(s); therefore, the response submitted should contain Respondent(s) most favorable terms and conditions, since the selection and award may be made without further discussion or need for clarification.

The County will enter into negotiations with the selected Respondent and award a contract upon completion of negotiation of fees and contract terms. The award requires approval(s) by the County

Board of Supervisors.

If a satisfactory Contract cannot be negotiated in a timely manner, County, in its sole discretion, may terminate negotiations with the selected Respondent and begin negotiations with the next

Respondent.

1.11 RIGHTS RESERVED TO COUNTY

The County reserves the right to:

A. Make use of any information or ideas in the responses submitted.

B. Request response revisions and hold discussions and negotiations with any Respondent as necessary to serve the best interests of the County.

C. Seek publicly available information about the Respondents.

D. Conduct, or not to conduct, in-person interviews and/or presentations with the highest-scored

Respondent(s).

E. Waive, at its discretion, any procedural, non-material defects, irregularity, or informality, which

County deems correctable or otherwise not warranting rejection of the response that do not result in any unfair competitive advantage. Any waiver will not excuse a proponent from full compliance.

F. Verify and validate any information prior to Contract Award and during the entire term of the

Contract.

G. Negotiate the final Contract with any Respondent(s), including pricing/fee schedule, as necessary to serve the best interests of the County;

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H. Withdraw or cancel in part or in its entirety this solicitation at any time without prior notice and furthermore makes no representations that any Contract will be awarded to any Respondent responding to this solicitation;

I. Award its total requirements to one Respondent or to apportion those requirements among two or more Respondents as the County may deem to be in its best interests;

J. Reject any response if it is conditional, incomplete or deviates significantly from the services requested in this solicitation; and/or

K. Request Best and Final Offer from any Respondent determined to be within the competitive range.

Unless requested by the County, late Best and Final Offers will not be accepted by the County for any reason. In addition, negotiations may or may not be conducted with Respondents.

L. Make multiple awards to Respondent(s) for services requested in this solicitation, at its sole discretion, to serve the best interests of the County.

M. Defer award of this Contract for a period of 365 days after the solicitation opening. During this period, Respondent shall guarantee the prices and terms quoted in their responses. The County and the responsive, responsible Respondent may mutually agree in writing to extend this deferral period.

Therefore, responses submitted shall contain the Respondent’s most favorable terms and conditions, since the selection and award may be made without discussion with any Respondent.

1.12 CONTRACTOR SAFETY

Contractor shall comply with the County’s Safety and Loss Prevention Policy and Procedure#306

(“Contractor Safety Responsibilities”) and submit a copy of their Injury and Illness Prevention

Program (IIPP) and Contractor Safety-Activity Checklist to the County’s Project Manager prior to the start of any work performed under the Contract. Contractor will notify County Project Manager of any revisions to the Safety-Activity Checklist and will provide a new Safety-Activity Checklist upon County request. The IIPP shall comply with California Code of Regulations, Title 8, Section

1509 or 3203(whichever applies). Contractor shall submit other safety programs that pertain to the type of job that will be performed on site. County reserves the right to conduct inspections and audits as necessary for the purpose of evaluating any aspect of safety performance under this

Contract.

1.13 DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE FORM

W-9/W-8 REQUIREMENTS

Effective June 3, 2006, all Contractors, entering into a Contract with County, who are not already established in Countywide ERP System as an Auditor-Controller supplier, will be required to submit to County a federal Form W-9, or form W-8 for foreign suppliers. County will inform

Contractor, at the time of award, if the Form W-9 or W-8 will be required.

In order to comply with this County requirement, within ten (10) days of notification of selection of award of Contract but prior to official award of Contract, the selected Contractor agrees to furnish to Contract administrator, or the Deputy Procurement Agent (DPA) the required W-9 or

W-8.

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1.14 LEVINE ACT REQUIREMENT

Effective January 1, 2023, all contractors entering into a contract with the County, will be required to submit the Campaign Contribution Disclosure Form for any contributions made on or after

January 1, 2023. In order to comply with this requirement, Respondent agrees to furnish the required Campaign Contribution Disclosure Information form as a required submittal with its response. Failure to include the form as required will render the response nonresponsive.

SECTION 2. SCOPE OF WORK

2.1 GENERAL INFORMATION:

The County of Orange is comprised of 22 Departments and over 18,000 employees located throughout the County. The County’s core businesses are public safety, public works, construction management, public health, environmental protection, regional planning, public assistance, social services, and aviation.

2.2 CONTRACTOR RESPONSIBILITIES:

In accordance with the Criteria Documents for P484 Parking Access Revenue Control System

Replacement including, “JWA PARCS Progress Plan Set, JWA PARCS Division 01_v01, and

JWA PARCS Other Divisions v01” along with associated Appendices and IT Block Diagram, the scope of work includes but is not limited to:

A. Full modernization of all John Wayne Airport Parking Access Revenue Control System

B. Ensure all performance criteria and system capabilities listed in Attachment A: "Statement of Work" of the Model Contract are met.

C. Provide requested alternate pricing during design development and identify the decision points for review and approval.

D. Demolish adjacent equipment and finishes where necessary to accommodate new systems.

E. Restore all building components, finishes, etc. where applicable.

F. Provide cost estimates per County of Orange requirements, review and confirm the initial budget, and provide continuous cost management to ensure the design and construction costs remain within the budgeted cost estimate.

G. Commit to a GMP.

H. Validate, verify and refine detailed Project Program.

I. Verify the schedule is appropriate for the Project.

J. Confirm Project criteria are appropriate.

K. Develop the schematic design deliverables per County of Orange requirements.

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L. Develop the design development deliverables per County of Orange requirements.

M. Develop the construction documents deliverables per County of Orange requirements.

N. Develop Building Information Models from project inception through design (LOD 300), construction (LOD 400-500), and closeout (LOD 500) in conformance with County of

Orange requirements.

O. Develop asset index database for incorporation into AssetWorks in conformance with

County of Orange requirements.

P. Provide design phase services per County of Orange guidelines and as necessary to construct the Project. Procure all agency review, peer review and local agency approvals, and obtain permits as required. At each phase, comply with design review and approval process per County of Orange requirements.

Q. Provide construction planning, phasing, and scheduling, and execution during design and through construction completion and closeout service.

R. Develop and maintain a Project schedule that incorporates all tasks and approvals of all involved parties necessary to complete the Project within the contract durations.

S. Provide quality control and quality assurance.

T. Publicly advertise for trade subcontractors and prequalify trade contractors to comply with

County of Orange requirements.

U. Develop Trade Contractor Bid Packages and receive bids in the most logical, competitive, and seamless manner.

V. Pay prevailing wages and comply with prevailing wage laws.

W. Manage and administer the Project construction phase to achieve construction.

X. Complete installation while maintaining existing and new system. Ensure no impacts occur to daily airport operations.

Y. Test, commission, and turnover system to new service vendor to be selected prior to construction completion.

SECTION 3. FEDERAL AVIATION ADMINISTRATION (FAA) REQUIREMENTS

3.1 TITLE VI SOLICITATION NOTICE (FEDERAL CONTRACT PROVISION

GUIDELINES SECTION A5.3.1)

Title VI Solicitation Notice: The (Title of Recipient), 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

3041306-GK (Step Two of a Two-Step Procurement) Page 13 of 47 entered into pursuant to this advertisement, all contractors will be afforded full opportunity to submit bids 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.

3.2 OPTIONAL PROCUREMENT AND PRE-BID DEMOGRAPHIC SURVEY

John Wayne Airport (JWA) is requesting information on the racial and ethnic ownership of businesses seeking contractual or business opportunities with the Airport. Please provide this information in the following online form: https://forms.office.com/g/JDEyLfcptc

Only one survey response should be submitted per business for each opportunity. Your assistance in providing this voluntary and anonymous information is greatly appreciated and supports JWA’s measurement of business diversity performance.

3.3 CIVIL RIGHTS AND NONDISCRIMINATION

A. General Civil Rights Provisions: In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin, creed, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.

B. Nondiscrimination: In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.

C. Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-Discrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin, creed, https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fforms.office.com%2Fg%2FJDEyLfcptc&data=05%7C02%7CMRodriguez%40ocair.com%7C46f32091e7654c9798c808dc1d33ccc1%7Ce4449a56cd3d40baae3225a63deaab3b%7C0%7C0%7C638417356046457763%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=g%2B23qt4vHPwOeOG4R6RQEMFJPx2XAvBKdPmMxn6wWCs%3D&reserved=0

3041306-GK (Step Two of a Two-Step Procurement) Page 14 of 47 sex, age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21 including amendments thereto.

3. Solicitations for Subcontracts, including Procurements of Materials and

Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this Contract and the

Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and

Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the

Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the nondiscrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:

a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or

b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a

3041306-GK (Step Two of a Two-Step Procurement) Page 15 of 47 subcontractor, or supplier because of such direction, the Contractor may request the

Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Upon request by the County, Contractor will provide a copy of each subcontract to demonstrate the above language has been inserted.

D. Title VI List of Pertinent Nondiscrimination Acts and Authorities: During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

1. Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252)

(prohibits discrimination on the basis of race, color, national origin);

2. 49 CFR part 21 (Nondiscrimination in Federally-Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964) including amendments thereto;

3. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of

1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

4. Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended

(prohibits discrimination on the basis of disability); and 49 CFR part 27

(Nondiscrimination on the Basis of Disability in Programs or Activities Receiving

Federal Financial Assistance);

5. The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);

6. Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended

(prohibits discrimination based on race, creed, color, national origin, or sex);

7. The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination

Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

8. Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq), (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, 3041306-GK (Step Two of a Two-Step Procurement) Page 16 of 47 and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;

9. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).

10. Contractor is required to insert the above Title VI List of Pertinent Nondiscrimination

Acts and Authorities into every subcontract at any tier. Upon request by the County, Contractor will provide a copy of each subcontract to demonstrate that the above language has been inserted.

E. Civil Rights Training: Upon request by the County, Contractor is required to disseminate and provide training materials and other information related to Title VI Civil Rights to its staff as specified by the County.

SECTION 4. SCORING CRITERIA

Phase 1 - Written Response Scoring: 500 points maximum

Phase 2 - Presentation/Interview Scoring: 400 points maximum

Phase 2 - Cost Proposal: 108 points maximum

4.1 PHASE 1

No. Evaluation Criteria Scoring Method Weight (Points)

3041306-GK (Step Two of a Two-Step Procurement) Page 17 of 47

1. Firm’s Background, Qualifications &

Experience

A. Company Background and Data

1. Include an overview of firm and brief description of the firm’s history including:

a. Length of time in business;

b. Services provided relevant to the RFP;

c. Describe the Respondent’s experience in performing work of a similar nature to that solicited in this RFP;

and

d. List certifications and/or affiliations that may be relevant to this RFP.

2. Provide the following information:

a. Name and title of person(s) authorized to bind the

Respondent;

b. Main office address; and

c. Telephone number

3. List any previous or current contracts with the County of

Orange within the last five (5) years. Include:

a. Agency/Department name, address and contact person;

b. Contract Number; and

c. Contract Amount

4. Provide a general description of the firm’s prime contractor (if applicable, subcontractor’s) financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, or impending

Points Based 175 (35% of Total)

3041306-GK (Step Two of a Two-Step Procurement) Page 18 of 47 merger) that may impede

Respondent’s ability to complete the services.

B. Experience

1. Descriptions of at least three (3) recent similar projects that the firm has completed (public sector experience preferred).

a. Include project name, date, and location,

b. Include client name and describe the scope of work,

c. Describe any obstacles encountered and project outcome, and

d. Describe, including experience with successfully coordinating and maintaining project schedules while staying on budget.

2. Describe experience developing strategic plans for permitting, design, buy-out, and construction.

3. Describe comprehensive capabilities in keeping the public safe during construction activities and informing the public when there are impacts to services & infrastructure.

4. Describe examples of creating executive-level visual collateral, such as reports and graphics.

5. Describe additional relevant information concerning the services offered in this RFP that it considers important in evaluating its services.

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2. Key Personnel/Proposed Staffing

A. Assigned personnel must have a minimum of five (5) years of expertise and experience with emphasis on the public sector with depth and breadth of services available.

B. Describe the Respondent’s team that is being proposed for the project which includes completing the Key

Personnel/Staffing Plan located in the

Supplier Responses section. Provide a brief background of each team member’s experience and the roles and responsibilities they will play in the project.

C. An organizational chart and description of the project team may be included. Key members of the project team should be included in the organizational chart.

D. Clearly identify the prime contractor and any sub-contractors or sub-consultants, if relevant, and the general roles of each on the project.

E. A statement of qualifications for all team members including resumes and educational background. One-page resumes of all key personnel should be provided (one page per person).

The office locations of each team member should be specified on the resumes. The submittal should, as a part of the information provided for subcontractors, include the names, locations, and general roles of the project team members.

Points Based 150 (30% of Total)

3041306-GK (Step Two of a Two-Step Procurement) Page 20 of 47

3. Quality/Effectiveness of Work Plan/Project

Approach

A. Provide an outline, detailed description of the process, and a comprehensive timeline for accomplishing the services outlined in the Scope of Work.

B. The Respondent should document a clear understanding of the scope of services.

C. The Respondent should describe the current challenges and opportunities specific and how your company is best suited to assist the County in facing those challenges and opportunities.

D. An explanation of how the

Respondent will adhere to the scope of work narrative including an explanation of the following:

1. Other factors that may be relevant to the requested services.

Points Based 125 (25% of Total)

4. Organization/Completeness of Response

A. Response demonstrates understanding of project and objectives as it relates to the scope of work.

B. Response demonstrates requirements are addressed and adhered to.

C. Response is complete, comprehensive, and well-organized.

Points Based 25 (5% of Total)

5. Compliance with the County Model

Contract

*Note: Respondents submitting exceptions to the County Model Contract of this RFP, will receive a score of “0” for this criterion.

Points Based 25 (5% of Total)

4.2 PHASE 2

No. Evaluation Criteria Scoring Method Weight (Points)

3041306-GK (Step Two of a Two-Step Procurement) Page 21 of 47

1. Presentation/Interview Scoring Format: 400 points maximum:

County reserves the right to conduct, or to not conduct, in-person interviews and/or presentations with the highest-scored

Respondent(s). The decision whether to conduct in-person interviews/presentations rests solely with County and the decision of the DPA is final.

Respondents shall be ready to attend in-person interview within five (5) calendar days of notification. Any inquiry to determine the responsibility of a Respondent to this RFP may be conducted. Respondent agrees that the submission of a Response is permission by

Respondent for County to verify all information contained therein. If County believes it necessary, additional information may be requested from Respondent. The County may also send written questions and ask for written responses within five (5) business days. Failure to comply with any such request may disqualify a Respondent from further consideration.

Respondents must be prepared to discuss all aspects of their Response in detail, including technical questions. Respondents will not be allowed to alter or amend their Response through the use of the presentation process.

NOTE: If interview/presentations are not conducted, the designated points will be reallocated into the written total points.

Points Based 400 (78.7% of Total)

2. Cost Proposal

The Response with the lowest cost receives the maximum points allowed for this criterion. All other proposals receive a percentage of the points available based on their cost relationship to the lowest-priced Response.

Should any Preference Policies apply, the

Preference Policy Applicable to Cost Proposal criteria will be scored.

Points Based 100 (19.7% of Total)

3041306-GK (Step Two of a Two-Step Procurement) Page 22 of 47

3. Preference Policy Applicable to Cost

Proposal

A. Request for Proposal (RFP):

An additional five percent (5%) shall be applied to the tallied cost score of each certified OCLSB or DVBE to obtain their final score. If the final score of any OCLSB or DVBE matches the final score of a non-

OCLSB or non-DVBE, preference shall be given to the certified

OCLSB. If two or more OCLSB or

DVBEs have the same final score, the

County shall determine the contract award based on the County’s best interest.

B. Dual OCLSB and DVBE Preference provides for the following:

1. Business Certified as OCLSB and DVBE If a State-certified OCLSB is also a State-certified DVBE, the preference given to that business shall be 8% instead of 5%.

C. Subcontractors:

If bidder is submitting subcontractors to qualify for the OCLSB or DVBE preference, bidder must demonstrate through the Staffing Plan that 20% of the total bid amount is allocated to the OCLSB and/or DVBE subcontractor(s).

*NOTE: DVBE PREFERENCE IS NOT

APPLICABLE TO PUBLIC WORKS OR A-E

CONSTRUCTION PROJECTS.

Points Based 8 (1.6% of Total)

SECTION 5. PROTEST PROCEDURES

Any actual or prospective bidder or respondent who alleges an error or impropriety in the solicitation or award of a contract may submit a grievance or protest to Gilbert Kim at gkim@ocair.com, as set forth herein.

PROTEST PROCEDURES

All protests shall be typed under the protestor’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:

3041306-GK (Step Two of a Two-Step Procurement) Page 23 of 47

A. The name, address, and telephone number of the protestor;

B. The signature of the protestor or the protestor’s representative;

C. The solicitation or contract number;

D. A detailed statement of the legal and/or factual grounds for the protest; and, E. The form of relief requested.

Protest of Solicitation Specifications:

A. All protests related to solicitation specifications must be submitted to the Deputy

Procurement Agent (DPA), Gilbert Kim at gkim@ocair.com, no later than five (5) business days prior to the Closing Date of the solicitation. Protests received after the five

(5) business-day deadline will not be considered by the County.

B. In the event the protest of specifications is denied, and the protestor wishes to continue in the solicitation process, the protestor must still submit a bid/response prior to the close of the solicitation in accordance with the solicitation submittal procedures provided in this solicitation.

Protest of Solicitation Results:

A. Protests related to the Solicitation Results must be submitted to the Deputy Procurement

Agent, Gilbert Kim at gkim@ocair.com, no later than five (5) business days after the

Notice of Solicitation Results is provided by the DPA.

B. Protests relating to Solicitation Results received after the five (5) business day deadline will not be considered by the County.

C. If the five (5) business day period expires without the receipt of a protest, the department may move forward with the contract award or if necessary, file the item for approval by the Board of Supervisors.

Protest Process

A. In the event of a timely protest, the County shall not proceed with the solicitation or award of the contract until the DPA issues a decision on the protest.

B. Upon receipt of a timely protest, the DPA will, within ten (10) business days of receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.

C. The County may, after providing written justification, make the determination that an immediate award of the contract is necessary to protect the substantial interests of the

County. The award of a contract shall in no way compromise the protester’s right to the protest procedures outlined herein.

3041306-GK (Step Two of a Two-Step Procurement) Page 24 of 47

D. If the protestor disagrees with the decision of the DPA, the protestor may submit a written appeal to the County Procurement Officer requesting an appeal to the

Procurement Appeals Board, in accordance with the process stated below.

APPEALS PROCESS

A. If the protestor wishes to appeal the protest decision of the Deputy Procurement Agent, the protestor must submit, within three (3) business days from receipt of the Deputy

Procurement Agent’s decision, a written appeal to the Office of the County Procurement

Officer.

Written appeals must be…