County of San Mateo

Request for Proposals (RFP) for Evaluation of the Private

Defender Program 2026

County Executive's Office

RFP No. 2026-RFP-00558

RFP Contact: Adam Ely aely@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 Executive’s Office is soliciting proposals from qualified contractors to evaluate the

County’s Private Defender Program. Since 1969, the County has contracted with the San Mateo

County Bar Association (the “SMCBA”) to provide indigent defense services through the Private

Defender Program (the “PDP”). Under this agreement, the SMCBA contracts with approximately 116 attorneys to represent adult defendants and minors in criminal cases, probate and Lanterman-Petris-Short conservatees, along with children and adults in dependency court.

As detailed further below, the County seeks a qualified contractor with broad experience in evaluating indigent defense programs, including assessing how the PDP’s performance compares to applicable national and state guidelines and best practices for indigent defense programs.

Ultimately, the County expects the selected contractor to prepare a written report detailing its evaluation findings, its methodology of data collection and analysis, and its recommendations for how to improve indigent defense in the County.

1.2. Background

In 1963, the United States Supreme Court’s landmark decision in Gideon v. Wainright established that anyone charged with a crime who cannot afford an attorney has a constitutional right to counsel at public expense. Following this decision, the County in 1969 partnered with the SMCBA to establish the PDP to provide legal representation for clients charged with crimes in San Mateo County who cannot afford an attorney.

A “managed assigned counsel” system, the PDP oversees a panel of approximately 116 private attorneys who handle assigned court cases. Since the PDP’s founding in 1969, PDP attorneys have handled cases ranging from low-level misdemeanors to capital murder. PDP attorneys also represent children who have been abused or neglected, individuals living with serious mental illness, respondents in CARE Court cases, and older adults unable to manage their own affairs.

The PDP provides panel attorneys with support services, including investigators, paralegal services, criminal immigration services, and social workers.

In May 2021, the County retained the consulting firm, Harvey M. Rose Associates, LLC, to conduct an independent assessment of the provision of legal services for indigent defendants by the PDP and to provide recommendations for improving indigent defense in the County. This assessment concluded that the PDP provides sufficient representation of indigent defendants in a

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Specifically, the assessment made recommendations to improve the PDP’s (1) data systems, caseload monitoring, and reporting, (2) management oversight and quality of representation, (3) training policies and compliance with such policies, (4) staffing for attorney supervision and use of investigators, (5) fee structure to incentivize panel attorneys to provide high-quality representation, and (6) fee submission policies, data entry, and billing procedures. Following this report, the PDP began work to implement these recommendations and continues to make improvements in the identified areas for improvement.

On June 8, 2023, the County and SMCBA entered into a five-year agreement to continue providing representation through the PDP. Before this agreement expires on June 30, 2028, the

County desires to conduct an evaluation of the PDP to assess its performance in key areas against applicable performance guidelines for indigent defense programs. Accordingly, the County is launching this competitive request for proposals process to identify a qualified contractor to evaluate the PDP and prepare a report with key findings and recommendations for how to improve indigent defense in the County.

1.3. Contact Information

Project Contact:

Henry Nibbelin Management Analyst Email: hnibbelin2@smcgov.org Phone: (650) 363-4259

Procurement Contact:

Adam Ely Assistant County Executive Email: aely@smcgov.org Phone: (650) 722-8112

Department:

County Executive's Office

Department Head:

Michael Callagy County Executive

1.4. Timeline

RFP Released June 9, 2026

Deadline for Questions, Comments, and

Contract Exceptions

July 7, 2026, 3:00pm mailto:hnibbelin2@smcgov.org tel:(650)363-4259 mailto:aely@smcgov.org tel:(650)722-8112

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Question Response Deadline July 10, 2026, 3:00pm

Proposal Due Date and Time July 13, 2026, 3:00pm

Conduct Interviews, Reference Checks, and Select Program Administrator

Week of July 13, 2026

Initiate Contract Negotiations Week of July 13, 2026

Anticipated Contract Award Date August 11, 2026

2. Scope of Work

2.1. Areas for Evaluation

The County seeks an evaluation of the PDP in the following areas:

• Independence and oversight

• Compliance with applicable (national and state) standards of indigent representation

• Quality of indigent defense provided

• Staff workload

• Adequacy of resources (including investigators, experts, social workers, and other support staff)

• Sufficiency of funding

• Sufficiency of management staffing and administrative support

• Training

• Supervision and performance-tracking measures

• Quality and sufficiency of the electronic case management and other data systems

• Efficient use of existing resources to provide effective indigent representation

• Capacity to implement new programs, and improve or expand existing programs

• Capacity to research, apply for and administer additional funding opportunities such as grants

• Capacity to regularly research, evaluate, and implement best practices in indigent defense programs.

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2.2. Duties of Evaluator

The County seeks a consultant with broad experience in evaluating indigent defense programs.

The contractor is expected to:

• Collect, review, and evaluate current PDP practices and metrics in the areas listed above

• Conduct interviews with stakeholders, including PDP attorneys, PDP leadership, indigent clients, judicial officers, local advocacy groups, and the County District Attorney’s

Office, as appropriate

• Compare the PDP to applicable national and/or State guidelines/standards, best practices, and other indigent defense models

• Provide recommendations on how to improve indigent defense in the County

County staff will help to coordinate the evaluation and facilitate communication with stakeholders.

2.3. Project Deliverables

1. Evaluation plan and timeline in accordance with key milestones articulated below, including key evaluation questions, data collection protocols, and methods of analysis

2. Regular project updates to stakeholders on the timeline in the evaluation plan

3. A final written report, including: (a) a project summary, (b) methodology of data collection and analysis, and (c) findings and recommendations

2.4. Key Milestones

Week of August 24, 2026: Initial meeting with evaluator, PDP leadership, and County

Executive’s Office representatives to discuss the evaluator’s evaluation plan and timeline, information needed, and next steps.

Week of March 1, 2027: Evaluator to provide PDP leadership and County Executive’s Office representatives with a draft of the final written report, including a section summarizing findings and key recommendations.

Week of March 15, 2027: Meeting with evaluator, PDP leadership, and County Executive’s

Office representatives to discuss draft final written report and questions and comments about the report.

Week of April 12, 2027: Evaluator to provide final written report to PDP leadership and County

Executive’s Office representatives.

Note that although this RFP document below provides for a contract term of three (3) years, the

County expects that the contractor's work to be completed by the week of April 12, 2027, as indicated above. The exact completion date will be negotiated and set by the parties during the

Contract Negotiation phase of this RFP process.

3. Submission Requirements

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3.1. Submission Deadline

Proposals must be electronically received by 3:00 pm, on Monday, July 13, 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

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 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/273746/document?section=2639723

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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 Preference Ordinance, and Technical Proposal

4.1. Minimum Qualifications

4.1.1. Has Proposer has been providing similar services for a minimum of four (4) years within the last seven (7) years?*

☐ Yes

☐ No

*Response required

4.1.2. Has Proposer completed at least three (3) written evaluations of indigent defense programs for counties, states, or the federal government?*

☐ Yes

☐ No 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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*Response required

4.1.3. Please confirm that your firm is legally authorized to do business in the State of

California*

☐ Please confirm

*Response required

4.1.4. Please confirm your firm is registered with System for Award Management (SAM)*

SAM.gov

☐ Please confirm

*Response required

4.1.5. 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

4.2. Technical Proposal

4.2.1. Introduction and Executive Summary *

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

• 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

4.2.2. Statement of Minimum Qualifications *

Describe how the proposer meets the minimum qualifications as set forth in Minimum Qualifications of this RFP.

Submission of the Minimum Qualifications checklist is not a substitute for providing a detailed written response.

*Response required

4.2.3. 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 https://sam.gov/content/home

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*Response required

4.2.4. Scope of Work Tasks/Milestones*

Proposer should describe its proposed approach to tasks/milestones, including how Proposer will carry out the duties of the evaluator and provide the project deliverables identified in the Scope of Work

*Response required

4.2.5. Proposed Schedule *

Attach a proposed schedule which references Proposer's ability to complete the project within the

County's required time frame and in accordance with the Key Milestones in the Scope of Work section.

*Response required

4.2.6. Innovations*

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

*Response required

4.2.7. Performance Measures*

Identify relevant performance measures and describe a plan for achieving these performance measures.

*Response required

4.2.8. Firm Qualifications *

Attach information regarding background and qualifications, including the following:

• A brief description of the proposer.

• 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

4.2.9. Team Qualifications*

Provide a chart identifying:

▪ Project team and reporting structure

▪ Lead project manager

▪ Role each person will play in the project

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

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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

4.2.10. References*

Provide at least three (3) references from successfully completed projects of similar nature to that described in this RFP document, including the name of the organization for which work was performed, and the name, phone number, and email address of an individual at the organization who was responsible for managing and accepting the work. Ensure that contact information is current. If the County cannot contact the reference because of incorrect information, the reference will be deemed not have been provided.

*Response required

4.2.11. Fee Proposal*

The Fee Proposal should be submitted as a separate PDF file from the Technical Proposals detailed in

Required Documents.

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.

*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. Method and Approach

A. Understanding of the scope of services to be provided

B. Appropriateness of the proposed solution/services

Points Based 45 (45% of Total)

2. Experience and Organizational Capacity

A. Qualification and experience of both the proposer and key personnel

B. Experience with other public agencies

C. Organizational resources and staff, apparent ability to meet any required timelines and other requirements

Points Based 30 (30% of Total)

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3. Price

A. Pricing will be evaluated both qualitatively and quantitatively.

B. Evaluators will analyze the fee proposal based on the estimated cost to complete the project deliverables according to the County's key milestones

Points Based 25 (25% 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 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.

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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

County Executive's Office is issuing Request for Proposal (RFP) No. 2026-RFP-00558 for Evaluation of the Private Defender Program 2026.

The agreement shall have a term of three (3) 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

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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.

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.

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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.

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.

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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.

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

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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: Evaluation of the Private Defender Program 2026, 2026-RFP-00558