Electronic_Monitoring_2025-2028.pdf

County of San Mateo

Request for Proposals (RFP) for Electronic Monitoring

2025-2028

Probation

RFP No. 2025-RFP-00344

RFP Contact: Vivien Huynh vhuynh@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 San Mateo County Probation Department (the “Department”) is responsible for the supervision of approximately 2,500 adult and juvenile probationers. Probation represents the link between the application of appropriate consequences for illegal and delinquent behavior and the establishment of offenders transitioning to productive, law-abiding lives. This specialized criminal justice role of probation is a successful and cost-effective balance of both enforcement and treatment. Deputy Probation Officers (DPOs) are responsible for monitoring probationers in the community by enforcing court-ordered restrictions and providing access to rehabilitation programs as well as promoting victim safety and restoration.

The Department’s primary purpose of enhancing public safety is achieved in three specialized ways: 1) investigating major elements of crimes/offenses, the impact upon victims, the criminal/offense histories and behavior of adults and juveniles, plus possible sentencing alternatives and providing this information to the Superior Court in the form of accurate and impartial reports and recommendations; 2) monitoring and supervising those placed on probation to ensure that court-ordered “conditions of probation” are obeyed and public safety is maintained; and 3) providing opportunities for probationers to receive treatment, resources, and services that will prevent future criminal/delinquent activities.

The Department protects the public by providing safe, humane, and cost-effective services for adult and juvenile offenders. The Department seeks responses to the Request for Proposals for an electronic monitoring provider for adults in Specialty Court programs (Multiple Driving Under the Influence

(MDUI) Court, Veterans Treatment Court, and Military Diversion), Pretrial Services, and the Sex

Offender unit, as well as juveniles under the supervision of the Juvenile Court.

The Department has an average of 20-35 youth and 75-110 adults monitored at any one time.

The table below summarizes the Department’s current needs for the following monitoring devices:

A. Radio Frequency (RF), B. Continuous Alcohol Monitoring (CAM), C. Remote Breath, D. Drug Patch, and

E. Global Positioning System (GPS).

Please note the needs of each unit and the Department are subject to change.

Page 3 of 19 Release date of February 4, 2025

San Mateo County Probation

Unit

Devices FY 22-23 Monthly Average

FY 23-24 Monthly Average

Juvenile - Electronic Monitoring

Program

RF

RF + CAM

Adult - MDUI Court CAM

Remote Breath

Adult - Veterans Treatment Court

CAM 3 3

Adult - Military Diversion CAM 1 2

Adult - Sex Offender GPS 2 6

Adult - Pretrial Services CAM

GPS

San Mateo County Probation Department is issuing Request for Proposal (RFP) No. 2025-RFP-00344 for

Electronic Monitoring.

The contract shall have a term of three years. In addition, the County shall have one option to extend the term for an additional period not to exceed two years, which the County may exercise in its sole, absolute discretion.

The County’s standard contract template has been included as an attachment to 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.

1.2. Background

The Department welcomes proposals from all qualified vendors of electronic monitoring. The vendor will provide an array of equipment options to include at minimum radio frequency (RF), global positioning

(GPS), continuous alcohol monitoring (CAM), Drug Patch and Remote Breath options. The vendor will be required to provide access and training to a software program for Probation staff that provides real time data entry and status review.

Page 4 of 19 Release date of February 4, 2025

The vendor will serve the Electronic Monitoring Program for juvenile clients and the following programs for adult clients: MDUI Court, Veterans Treatment Court, Military Diversion, Pretrial Services, and Sex

Offender unit.

These services reflect San Mateo County’s Shared Vision 2025 by ensuring that the County’s neighborhoods are safe and provide residents with access to quality healthcare and seamless services.

Responses to this RFP may also be used for future Department services or programs.

Programs served may include the following (subject to change):

A. Electronic Monitoring Program – Juvenile

1. The Electronic Monitoring Program (“EMP”) allows the Department to know if a youth is present in their home as ordered by the Court. EMP utilizes electronic ankle transmitters to monitor the youth’s exits from and entrances to their home and permits the participation in and practice of interventions. EMP is an innovative program used as an alternative to detention, to facilitate a youth’s re-entry into the community after detention, and to enhance supervision of youth in the community.

2. Youth are equipped with an ankle transmitter and a monitor is placed in the home, tracking the youth in the home. Youth are detained on EMP for an average of 90 days. While on the

EMP, youth are typically allowed to attend school, church, counseling, verified employment, and may also participate in pro-social, extra-curricular school activities or programs deemed appropriate.

B. MDUI Court – Adult

1. The purpose of MDUI Court is to reduce future DUIs among repeat offenders through combined intensive supervision and treatment services.

C. Veterans Treatment Court – Adult

1. Veterans Treatment Court works with current or former members of the United States

Military that are involved in the criminal justice system. Participants are intensively supervised by Probation, expected to engage in services provided by the Veterans

Administration, and are required to appear in court for monthly progress reviews.

D. Military Diversion – Adult

1. Military Diversion is a pre-plea diversion program for current or former members of the

United States Military charged with misdemeanor crimes. Participants attend court review hearings and work towards successful completion of the program by completing counseling and/or treatment and making full payment of victim restitution when ordered.

E. Pretrial Services – Adult

Page 5 of 19 Release date of February 4, 2025

1. DPOs monitor Pretrial defendants who are granted conditional release on supervised own recognizance (S.O.R.) release. Defendants are required to maintain contact with Probation in person, or by telephone. The intensity of monitoring varies and depends on specified court-order conditions and/or the nature of the charges.

F. Sex Offender unit – Adult

1. Probationers in the sex offender unit are intensively supervised. This ensures they are in strict compliance with their sex offender registration requirements. DPOs monitor compliance with sex offender treatment when required.

1.3. Contact Information

Project Contact:

Vivien Huynh Associate Management Analyst Email: vhuynh@smcgov.org Phone: (650) 312-8821

Procurement Contact:

Vivien Huynh Associate Management Analyst Email: vhuynh@smcgov.org Phone: (650) 312-8821

Department:

Probation

Department Head:

John T. Keene Chief Probation Officer

1.4. Timeline

RFP Released February 4, 2025

Pre-Proposal Meeting (Non-Mandatory) February 11, 2025, 9:30am

Virtual Meeting - Microsoft Teams link to be provided. Please RSVP to vhuynh@smcgov.org by

Monday, February 10, 2025 at 12:00pm PST

Deadline for Questions, Comments and

Contract Exceptions

February 18, 2025, 5:00pm mailto:vhuynh@smcgov.org tel:(650)312-8821 mailto:vhuynh@smcgov.org tel:(650)312-8821 mailto:vhuynh@smcgov.org

Page 6 of 19 Release date of February 4, 2025

Proposal Due Date and Time March 4, 2025, 5:00pm

Anticipated Contract Award Date May 20, 2025

2. Scope of Work

2.1. Electronic Monitoring

A. Equipment Installation and Maintenance

1. Provider will be required to provide installation of devices at Probation offices, at the county jail, at treatment centers, or at a designated location in the courthouse. It is also required that the provider has office(s) in the County of San Mateo by start of contract. The provider may accommodate evenings and weekends with reasonable notice.

2. Maintain a sufficient inventory of equipment and supplies to provide for immediate installation as directed by the Courts. Transmitter units will be maintained and guaranteed by the provider and will be updated at no cost when the vendor upgrades their technology. The equipment should include but is not limited to:

a. Active ankle transmitters: Must be Federal Communications Commission (FCC) certified body-attached devices housing the receiver and transmitter into one single unit. Devices should be small and inconspicuous. Transmitters should be attached in such a manner that they cannot be removed, and that efforts to tamper with or remove are obvious.

Transmitters must have a notification alarm that provides notification of tampering. All transmitters should be shock-resistant and water-resistant. Transmitters should be able to track indoor and outdoor activities.

b. Continuous alcohol monitoring devices: Must be FCC certified and compatible with transdermal alcohol testing. Devices should be attached in such a manner that they cannot be removed, and that efforts to tamper with or remove are obvious. Devices must have a system wherein an alarm gets activated in the event of tampering. All devices should be shock-resistant and water-resistant. Devices should be able to track indoor and outdoor activities.

3. Provider will be responsible for acquiring shelved transmitter units in a timely manner. The

Department will not be responsible for costs for inactive days of shelved units;

4. If special tools and/or training are required for equipment installation and/or removal, these tools will be provided at no charge to the Department;

5. Provider will equip the DPO and Group Supervisor (GS) with written materials to provide both juvenile and adult clients information on the transmitter devices.

B. Client Monitoring

1. Provide 24-hour client monitoring of all participants’ whereabouts 24 hours a day, seven days a week, including a scalable alerting or notification system for monitoring of the GPS alerts, Page 7 of 19 Release date of February 4, 2025 such as troubleshooting for low level GPS alerts on equipment malfunctions, low batteries, strap tampers, etc.

a. Provide automated alert notifications via email and text message.

b. Provide the Department with access to a web-based interface to access monitoring.

2. Provide continuous alcohol monitoring via transdermal monitoring of alcohol consumption

24 hours a day, seven days a week. Regular data downloading schedule shall exist for all participants.

3. Provide alternative monitoring options such as mobile breath alcohol monitoring and transdermal drug patches with continuous testing.

C. File Management

1. Provide a secured computer hardware and software necessary for the operation and 24-hour continuous monitoring of the transmitter units. Stored data should include (but are not limited to):

a. Client personal data – includes name, address, telephone numbers, and emergency contacts;

b. Client program data – includes referral orientation checklist, start/end dates, and inclusion and exclusion zones;

c. Program schedules – includes curfew, work, school, meetings, and social services;

d. Violations – includes date, time, and type; and

e. DPO of record.

D. Invoice & Reports

1. Provide accurate and timely invoices (monthly) for each of the six programs. Invoices must include, at a minimum: client name, court case number, device, dates monitored, daily rate, and total cost. If revisions are necessary, vendor must provide revised invoice(s) within five business days of notification of revision.

2. Provide access to a web-based interface for real time data entry and status review.

3. Provide requested ad hoc reports in a timely manner. Report types requested may include:

client by device, client by program, program compliance rates, daily violation reports, daily charging reports, location correlation reports, investigative reports, and proximity reports.

E. Meetings and Trainings

1. Meet with Department staff on an as needed basis to review program status and implementation and for troubleshooting.

2. Provide trainings to Deputy Probation Officers (DPOs) and Group Supervisors (GSs) on transmitter installation and removal on an as needed basis.

Page 8 of 19 Release date of February 4, 2025

3. Provide trainings for the web-based system to allow DPOs and GSs to monitor clients.

The Scope of Work is to be used as a general guide and is not intended to be a complete list of all work.

3. Submission Requirements

3.1. Submission Deadline

Proposals must be electronically received by 5:00 pm, on Tuesday, March 4, 2025 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/135822/document?section=1224123

Page 9 of 19 Release date of February 4, 2025

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.

4. Minimum Qualifications and Technical Proposal

4.1. Minimum Qualifications (MQs)

Any proposal that does not demonstrate that the proposer meets these minimum requirements by the deadline for submittal of proposals will be considered non-responsive and will not be eligible for award of the contract.

Proposer is defined as the prime firm or joint venture that is proposing on this RFP.

In order for a firm to pass the minimum qualifications and to be considered for contract award the firm shall be in good standing with Federal Government agencies and the State of California. Firms that have been debarred, suspended, proposed for debarment, declared ineligible by Federal or State agencies will not qualify for contract award.

Proposers must meet the following Minimum Qualifications:

4.1.1. Proposer shall have at least four (4) years of experience within the last six (6) years immediately preceding the issuance of this RFP in providing electronic monitoring services. *

☐ Yes

☐ No

*Response required

Page 10 of 19 Release date of February 4, 2025

4.1.2. Program manager shall have at least two (2) years of experience within the last five (5) years in managing accounts of this size.*

☐ Yes

☐ No

*Response required

4.1.3. Please confirm your firm is registered and in good standing with System for Award

Management (SAM)*

SAM.gov

☐ Please confirm

*Response required

4.1.4. What is the registered Business Name and Unique Entity ID (UEI) No.?*

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

• Should you be in the process of obtaining your UEI number, please enter the digits ‘123’ temporarily for your response below in order to proceed with proposal. This temporary number should be replaced with the correct registration number for submission of the proposal.

*Response required

4.1.5. Technical Proposal (Maximum of 17 pages)*

NOTE: One (1) page of content is measured as 1-sided letter sized page.

Pages that exceed the maximum page limit will not be reviewed or scored.

Firms interested in responding to this RFP must submit the following information, in the order specified below:

A. Introduction and Executive Summary (1 page maximum)

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

a. Name, title, and contact information (email, phone, and address) for representative of proposing firm who is responsible for communication related to this RFP.

b. Signature of person authorized to obligate firm to perform the commitment contained in the proposal.

2. Submission of the letter will constitute a representation by firm that you are willing and able to perform the commitments contained in the proposal and have not violated the terms of this RFP.

B. Qualifications and Experience (2 pages maximum)

1. Provide a statement of qualifications for your organization, a statement of the size of firm, a description of services provided by your organization, and a statement of the extent of experience/history providing the services requested by this RFP.

https://sam.gov/content/home

Page 11 of 19 Release date of February 4, 2025

2. Describe how the firm meets the minimum qualifications set forth in Section 4.1 of this RFP.

C. Project Approach (7 pages maximum)

1. Describe how you will fulfill the needs of the County described in this RFP. Attach a project plan, if appropriate.

2. List your needs for physical space and/or equipment from the County during this engagement, if any, aside from space or equipment that would be provided by the County as an aspect of the requested services.

3. Identify how you will meet all aspects of the scope of work. List any items that you cannot provide.

4. Describe the measurements/metrics/deliverables/assessments that you will provide on at least an annual basis to allow the County to assess the services you will provide.

5. Provide information on other pertinent services, if any, that you will offer to reduce costs or enhance revenue for the County.

D. Cost Analysis and Budget for Primary Services (2 pages maximum)

1. Provide a detailed explanation for all costs associated with your providing the requested services if you are selected. Include daily rates (with installation and without installation) for the requested equipment rentals and monitoring rates. List costs for damaged and lost equipment.

2. Is travel time to the County expected to be billable? If so, how will travel time invoices be calculated?

3. Include start-up costs, if any.

E. Quality/Program Evaluation (1 page maximum)

Page 12 of 19 Release date of February 4, 2025

1. Describe your organization's capacity to meet the goals identified in the Vendor Performance

Management table outlined below.

F. References (1 page maximum)

1. List two business references for which you have recently provided similar services (not part of

San Mateo County Probation). Include contact names, titles, phone numbers, and e-mail addresses for all references provided.

G. Protocols for Addressing Concerns (1 page maximum)

1. In the event of a routine problem, who is to be contacted within your organization?

2. In the event of the identification of a problem by the County, stakeholders, the public, and/or other applicable constituents, describe how you will address such problems and the timeframe for addressing them.

H. Claims, Licensure, Non-Discrimination, and Health Insurance Portability and Accountability

Act (HIPAA) Violations Against Your Organization (1 page maximum)

1. List any current licensure, HIPAA, non-discrimination claims against you/your organization and those having occurred in the past five years, especially resulting in claims or legal judgments against you.

I. Statement of Compliance with County Contractual Requirements (1 page maximum)

1. A sample copy of the County's standard template contract for Board of Supervisors approval

(contracts over $200,000) is attached to this RFP in Appendix B. Each proposal must include a statement of the proposer's commitment and ability to comply with each of the terms of the

County's standard template contract.

Page 13 of 19 Release date of February 4, 2025

2. In addition, the proposer should include a statement that it will agree to have any disputes regarding the contract venued in San Mateo County or Northern District of California.

3. The proposal must state any objections to any terms in the County's standard contract template and provide an explanation for the inability to comply with the required term(s). If no objections are stated, the County will assume the proposer is prepared to sign the County standard template as is.

Note: The sample of the standard contract template enclosed with this RFP is a template and does not constitute the final agreement to be prepared for the selected service provider. Do not insert any information or attempt to complete the enclosed sample contract template. Once a provider is selected, the County will work with the selected provider to draft a provider-specific contract using the required template. However, each proposal should address the general terms of the standard contract as requested within this RFP.

*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

A. Firm demonstrates how they will meet all aspects of the Scope of Work, including having a physical location in County of San Mateo or describe plan to have a physical location in

County of San Mateo by start of contract

B. Firm demonstrates a clear understanding of the services detailed in the Scope of Work and the tasks to be performed

C. Firm describes measurements/metrics/deliverables/assessments they will provide to the County to assess their services

D. Firm provides information on other pertinent services that will reduce costs for the County

Points Based 45 (45% of Total)

2. Qualifications and Experience

A. Expertise of the firm in the electronic monitoring field necessary to complete the tasks as listed in Scope of Work

Points Based 15 (15% of Total)

Page 14 of 19 Release date of February 4, 2025

3. Cost Analysis and Budget

A. Firm has provided a budget and detailed the explanation of costs, including the daily rates of each device as well as the applicable costs for installation

B. All items are reasonable and within the Scope of Work

Points Based 30 (30% of Total)

4. Quality/Program Evaluation

A. Firm has described their capacity to meet all six measures in the Vendor Performance

Management table

Points Based 10 (10% of Total)

6. Instructions to Proposers

6.1. Instructions

Proposers are encouraged to attend a pre-proposal conference on Tuesday, February 11, 2025, at 9:30 am, to be held at Virtual Meeting - Microsoft Teams link to be provided. Please RSVP to vhuynh@smcgov.org by Monday, February 10, 2025 at 12:00pm PST. All questions will be addressed at this conference and any available new information will be provided at that time. If you have further questions regarding the RFP, please post them on the eProcurement portal.

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

Page 15 of 19 Release date of February 4, 2025 memorialized in a formal agreement using the attached template, executed by the appropriate authority.

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.

6.4. Term

Probation is issuing Request for Proposal (RFP) No. 2025-RFP-00344 for Electronic Monitoring 2025-

2028.

The agreement shall have a term of three (3) years. In addition, the County shall have one (1) option to extend the term for an additional period not to exceed two years, which the County may exercise in its sole, absolute discretion. To exercise this option, the County shall provide written notice to the Contractor at least thirty days before the end of the agreement’s term.

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.

Page 16 of 19 Release date of February 4, 2025

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.

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

Page 17 of 19 Release date of February 4, 2025

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.

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.

Page 18 of 19 Release date of February 4, 2025

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.

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.

Page 19 of 19 Release date of February 4, 2025

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: Electronic Monitoring 2025-2028, 2025-RFP-00344