HS-ITSD-RFP-CIP NO 23-086~1.pdf

SAN BERNARDINO COUNTY

REAL ESTATE SERVICES DEPARTMENT

REQUEST FOR PROPOSAL NO. ____

REAL PROPERTY LEASE FOR SAN BERNARDINO COUNTY

HUMAN SERVICES PERSONNEL AND INFORMATION TECHNOLOGY

SUPPORT DIVISION USE

SAN BERNARDINO AREA

Table of Contents

1. Executive Summary / Opportunity Overview

1.1 Project Snapshot

1.2 How to Use This RFP

2. Procurement Schedule and RFP Contact

2.1 RFP Contact

2.2 ePro Registration

3. Project Background and Objectives

3.1 County and Department Background

3.2 Existing Facility Limitations

3.3 Project Objectives

4. Property Requirements

4.1 Location Requirement

4.2 Facility Type

4.3 Site and Building Requirements

4.4 Operational Continuity

5. Space Program and Functional Requirements

5.1 Space Summary

5.2 Detailed Space Program

5.3 Systems, Security, Testing and Training

6. Lease Business Terms and Delivery Conditions

6.1 Lease Term

6.2 Rent Proposal

6.3 Tenant Improvements and Reimbursement

6.4 Non-Reimbursable Landlord Improvement Items

6.5 Project Delivery Milestones

6.6 Project Exclusions

6.7 Roles and Responsibilities

6.8 Final Acceptance and Lease Commencement

6.9 County Terms and Conditions

7. Proposal Submission Requirements

7.1 Proposal Delivery

7.2 Required Proposal Contents

7.3 Proposal Authorization

7.4 Exceptions to RFP and Lease

8. Evaluation Criteria and Selection Process

8.1 Initial Review

8.2 Evaluation Criteria

8.3 Best Value Evaluation

8.4 Lease Award and Final Approval

8.5 Inaccuracies or Misrepresentations

8.6 Negotiations and Notice of Intent to Award

9. Proposal Conditions

9.1 Definitions

9.2 Authorized Signatures

9.3 Term of Offer

9.4 Required Review

9.5 Incurred Costs

9.6 Amendments / Addenda

9.7 Right of Rejection

9.8 Local Preference

9.9 Clarification of Offers

9.10 Public Records Act

9.11 Employment of Former County Officials

9.12 Iran Contracting Act

9.13 Disclosure of Criminal and Civil Proceedings

9.14 Debarment and Suspension / Secretary of State Registration

9.15 Unsatisfactory Performance

9.16 Final Authority

9.17 Department of Industrial Relations Registration

9.18 Appeal and Award

10. Required Forms and Certifications

11. Attachments and Exhibits

11.1 Preferred Site Location Map

11.2 General Specifications

11.3 Preferred Floor Plan For Premises

11.4 Form of Lease Agreement

Appendix A - Proposal Checklist

Appendix B - County Terms and Conditions

A. General

B. Indemnification and Insurance Requirements

C. Right to Monitor and Audit

D. Correction of Performance Deficiencies

1. Executive Summary / Opportunity Overview San Bernardino County (the "County") is requesting proposals from qualified building owners, property managers, and leasing agents ("Respondents" or "Proposers") for the lease of approximately 49,888 +/- square feet of commercial office and warehouse space for the operational needs of Human Services - Personnel Division ("HS Personnel") and the Information Technology and Support Division ("ITSD").

The County intends to select, from among qualified Respondents, a proposer with whom to enter into a lease agreement. The objective is to secure a facility that meets the County’s programmatic and operational needs while providing functional, cost effective, and high-quality office and warehouse space. Final lease terms will be negotiated following review and selection of proposed properties. Both the selection of the Respondent and the lease agreement are subject to the discretion and approval of the San Bernardino County Board of Supervisors.

1.1 Project Snapshot

Requirement Description

County Department Users Human Services - Personnel Division and Information Technology Support Division

Procurement Type Real property lease solicitation

Preferred Location San Bernardino area; preferred boundary shown in Attachment 1 - Preferred Location Map

Total Required Area Approximately 49,888 +/- square feet

Office Space Approximately 34,610 +/- square feet

Warehouse Space Approximately 15,278 +/- square feet

Facility Type New build-to-suit building or modified existing building

Lease Term Preferred initial term of ten (10) years with two (2) five-year options to extend

Desired Occupancy / Move-In Date August 1, 2028

Desired Board Approval / Lease Execution January 26, 2027

Parking Adequate employee and visitor parking, plus gated/secure parking for County vehicles

Proposal Validity Proposals shall remain open, valid, and subject to acceptance for nine (9) months after proposal submission

1.2 How to Use This RFP

This RFP is organized to allow proposers to quickly understand the opportunity, determine whether their property is viable, and prepare a complete response. Proposers should first review Sections 1 through 6 to understand the opportunity and property requirements, then use Section 7 and Appendix A as the proposal response checklist.

County procurement requirements and required forms are consolidated in Sections 9 and 10 and the appendices.

2. Procurement Schedule and RFP Contact The following schedule is provided for proposer planning purposes. The County reserves the right to modify this schedule by written addendum or notice consistent with County Purchasing requirements.

Milestone Date / Requirement RFP Release Date October 7, 2026 Deadline for Questions November 12, 2026 Proposal Due Date No later than 4:00 p.m. on December 17, 2026 Proposal Review / Evaluation December 18, 2026 – January 22, 2027

Negotiations January 25, 2027 – February 19, 2027 Target Board Approval / Lease Execution Second Quarter of 2027 Desired Occupancy / Move-In August 1, 2028

2.1 RFP Contact

All questions regarding this RFP must be submitted on or before November 15, 2026 to the RFP Contact identified below. Fax number and email address may only be used to submit questions. Proposals will not be accepted by email or facsimile.

San Bernardino County Real Estate Services Department Attn: Yezenia Gonzalez 385 N. Arrowhead Avenue, 3rd Floor San Bernardino, CA 92415 Phone: (909) 665-0268 Fax: (909) 387-5180 Email: Yezenia.Gonzalez@res.sbcounty.gov

2.2 ePro Registration Proposers are required to register through the County’s Electronic Procurement Network (ePro) at https://epro.sbcounty.gov/bso/. All proposers must register with the ePro system prior to the date and time to receive the proposal or they will be disqualified. Late or incomplete proposals will not be accepted. System related issues in ePro shall be directed to Proposer support at ePro.Vendors@buyspeed.com or (855) 800-5046. Proposers must provide the assigned ePro Vendor Number with the proposal. For questions involving ePro, contact the County Purchasing Department at (909) 387-2060.

3. Project Background and Objectives

3.1 County and Department Background

County Human Services departments deliver essential programs and services to residents, supported by centralized operational divisions that ensure continuity, compliance, and efficiency.

HS Personnel and ITSD provide critical support services to all Human Services departments, including but not limited to employee onboarding, payroll processing, human resources support, remote help desk services, and onsite technical assistance. These divisions play a key role in maintaining daily operations and supporting the growing workforce and technology needs of Human Services departments Countywide.

HS Personnel and ITSD currently operate from a County leased facility located at 834 Hardt Street in San Bernardino. This location has served as the operational base for both divisions since 2001.

3.2 Existing Facility Limitations

HS Personnel and ITSD currently occupy a 30,473 square foot facility at 834 Hardt Street, consisting of approximately 25,514 square feet of office space and 4,959 square feet of warehouse space.

In its current configuration, the existing facility no longer meets operational needs. The site lacks adequate space for staff growth, secure onsite storage for equipment and inventory, and sufficient parking for employees and visitors.

The facility does not provide a large customer lobby or waiting area and does not support future expansion.

The expanded warehouse component is critical to maintaining adequate inventory levels, improving security, and supporting IT equipment storage and deployment.

3.3 Project Objectives

Provide efficient and effective support services to County Human Services departments to ensure uninterrupted delivery of Human Services programs.

Improve operational capacity of centralized support divisions to accommodate current and future Human

Services needs.

Ensure secure, accessible, and functional office and warehouse spaces to support ongoing departmental operations.

Lease approximately 49,888 square feet of combined office and warehouse space to replace the existing 834

Hardt Street facility.

Maintain continuity of services during the transition and minimize disruption to Human Services departments

Countywide.

Negotiate lease terms that are within available funding and comply with County requirements.

4. Property Requirements

4.1 Location Requirement

The County is seeking buildings within the San Bernardino area that can provide adequate office and warehouse facilities, adequate general parking for staff and visitors, gated and secure parking for County vehicles, and convenient access to major freeways, specifically I-10, I-210, and I-215.

The preferred location is within the area highlighted on the map attached as Attachment 1 - Preferred Location Map, bounded by Highland Avenue to the north, I-210 in Redlands to the east, Redlands Boulevard to the south, and B Street to the west. Proposals outside of the defined geographic boundary will be deemed nonresponsive unless otherwise approved by the County.

4.2 Facility Type

The Premises may be located in a new build-to-suit building or a modified existing building, provided it meets the County’s functional requirements. General specifications and room-by-room specifications are attached as Attachment 2. A preferred floor plan is attached as Attachment 3.

At the design/development phase, the awarded proposer’s architect must maintain the relationships between spaces and rooms depicted on the preferred floor plan to the greatest extent possible. While the floor plan does not need to be exact, the spatial relationships, workstation counts, office counts, and designated warehouse storage areas must be maintained. Actual square footage and layout may vary depending on the building proposed, provided these requirements are met.

4.3 Site and Building Requirements

Accommodate both general office and warehouse uses.

Provide sufficient flexibility to support secure equipment storage, inventory management, and staff operations.

Provide a functional customer lobby or waiting area.

Provide adequate parking for employees and visitors.

Provide secure access for staff and visitors and gated, secure parking for County vehicles.

Support future operational expansion where feasible.

Comply with all applicable building, health, safety, accessibility, and fire code requirements.

Allow County-provided low-voltage cabling, network drops, MDF/IDF build-out, network and security systems.

4.4 Operational Continuity

Any transition from the existing facility to a new location must minimize service disruptions to Human Services departments Countywide. Proposers should be aware that HS Personnel and ITSD operations are mission-critical and require uninterrupted functionality.

5. Space Program and Functional Requirements The proposed facility must provide approximately 49,888 +/- square feet of combined office and warehouse space.

Under the proposed configuration, office space would increase by approximately 9,096 square feet and warehouse space would increase by approximately 10,319 square feet compared to the current facility.

5.1 Space Summary

Component Approximate Square Feet HS Personnel office and support spaces See detailed space program below ITSD office and support spaces See detailed space program below Shared areas See detailed space program below Total Office Space 34,610 SF ITSD Warehouse Space 15,278 SF Combined Total Office and Warehouse Space 49,888 SF

5.2 Detailed Space Program

Department / Area Requirement Approx. SF HS Personnel 1 HS Deputy/District Manager office 142 HS Personnel 3 HS Supervisor offices at approx. 120 SF each 360 HS Personnel 8 HS QA Clerical / Reception cubicles at approx. 47 SF each 376 HS Personnel 26 HS Line Staff & Secretarial cubicles at approx. 80 SF each 2,080 HS Personnel 4 Live Scan / Photo ID / Testing & Interview Rooms 604 ITSD 5 ITSD Deputy/District Manager offices at approx. 142 SF each 710 ITSD 19 ITSD Supervisor offices at approx. 120 SF each 2,280 ITSD 111 ITSD Line Staff QA & Secretarial cubicles at approx. 80 SF each 8,880 ITSD 16 ITSD Helpdesk cubicles at approx. 80 SF each 1,280 ITSD 1 ITSD Assembly / Staging Area 1,025 Shared 2 Public Waiting / Reception Areas 1,210 Shared 4 Meeting / Conference / Training Rooms 2,444 Shared 4 Break Rooms / Coffee Bar Areas 895 Shared 5 Filing / Storage / Mailroom / Copy Rooms 1,371 Shared 3 Data / Electrical / Janitorial Rooms 680 Shared 2 Restrooms 1,300 Shared Circulation and Path of Travel calculated at 35% 8,973

5.3 Systems, Security, Testing and Training

County responsibility: low-voltage cabling, network drops, MDF/IDF build-out, network and security systems.

Landlord may install exterior security systems at its discretion; County may supplement if necessary.

All systems must comply with County standards.

County shall retain and manage its own security vendor. Security systems and policies are the responsibility of the County.

Vendor access after County occupancy shall be coordinated in advance.

All testing must satisfy City and Fire Department requirements. Landlord is responsible for life safety, fire alarm, and ADA compliance testing.

Building systems training shall be provided by the Landlord’s contractor or project manager in person, with manuals included in the close-out package.

6. Lease Business Terms and Delivery Conditions

6.1 Lease Term

The County is requesting a preferred initial term of ten (10) years with two (2) five-year options to extend, consistent with the long-term operational nature of the services provided.

6.2 Rent Proposal

Proposers must include the cost per square foot for a turnkey full-service lease for the preferred initial term and option periods. The cost per square foot figure must include a breakdown of operating expenses and landlord improvements. The cost per square foot amount provided by the proposer should be the lowest and best proposal.

Proposers are requested to include their lowest cost per square foot amount under both of the following assumptions: (a) the lease agreement will include the County’s Right to Terminate Lease provision; and (b) the lease agreement will not include the County’s Right to Terminate Lease provision. Proposers may submit a proposal under only one assumption, but must clearly specify which assumption is being priced and that the Proposer does not desire to submit an amount under the other assumption.

6.3 Tenant Improvements and Reimbursement

Landlord improvements are improvements to the building provided by the Landlord to meet the specific needs of the County department that will occupy the building. Landlord improvements are normally considered only for items from the floor to the ceiling and within the interior walls. Proposers must specify in detail any and all improvements they request to be treated as Landlord improvements qualifying for reimbursement in the event of an early termination of the lease by the County.

The County does not pay interest on reimbursable Landlord improvement costs in the event of such early termination. Failure of Proposer to specify improvements qualifying for reimbursement following any early termination of the lease shall mean that the County shall make no reimbursement for any improvements in the event of such early termination by County.

6.4 Non-Reimbursable Landlord Improvement Items

Demolition Dump/cleanup fees Replacement or installation of HVAC units Fire sprinklers, extensions and heads Fire alarm systems and extinguishers Asbestos or hazardous material removal Cost to improve property to conform to current building, health, safety and code requirements Architectural/engineering fees Building permits/Certificate of Occupancy Repair or reconfigure of an existing parking lot Roof and other structural/foundational costs Exterior windows Landscaping Similar items, since this list is not intended to be all inclusive of non-reimbursable Landlord improvements

6.5 Project Delivery Milestones

Lease execution dependent upon Board approval Completion of design and permitting Construction completion Completion of all required City and Fire inspections

Issuance of Certificate of Occupancy Completion of all punch-list items County acceptance of the Premises Move-in and occupancy by HS Personnel and ITSD no later than August 1, 2028

6.6 Project Exclusions

The following items are excluded from the project scope and shall remain the responsibility of the County unless otherwise negotiated. Items not listed below are presumed to be included within the Landlord’s scope.

Furniture, fixtures, and equipment IT end-user equipment Network hardware Telephony systems Warehouse racking and specialty equipment Low-voltage cabling and network infrastructure

6.7 Roles and Responsibilities

Party Responsibilities

Landlord Procure and manage design and construction services, with County approval, including architect, contractor, and project manager; provide dedicated project manager; coordinate permitting and inspections; coordinate with external agencies including City Planning and Fire Departments.

County Provide project coordination and oversight; coordinate County-provided furniture, IT, equipment installation, and move-in activities with ITSD, ITD, ASD Facilities, and RESD.

6.8 Final Acceptance and Lease Commencement

Project completion shall be determined based on successful completion of all required City and Fire inspections, issuance of a Certificate of Occupancy, completion of all punch-list items prior to occupancy, County acceptance of the Premises, and compliance with all lease terms, approved plans, and project specifications.

Lease commencement shall occur upon the latest of the following: issuance of the Certificate of Occupancy; County acceptance of the Premises; and completion of all punch-list items.

6.9 County Terms and Conditions

The Lease will be subject to the standard County Terms and Conditions as expressed in Appendix B - County Terms and Conditions.

7. Proposal Submission Requirements A Proposer’s response to this RFP must be made according to the specifications set forth in this section, both for content and sequence. Proposers must present evidence, satisfactory to the County, indicative of their ability to design, construct, finance, operate, and maintain the Premises.

7.1 Proposal Delivery

Provide seven (7) copies of the proposal in a sealed envelope marked "RFP - HUMAN SERVICES PERSONNEL - INFORMATION TECHNOLOGY SUPPORT DIVISION - RELOCATION". Include name, address and daytime phone number of Proposer or authorized agent on the envelope. The package may be sent by certified mail or hand delivered, but must arrive no later than 4:00 p.m. on December 17, 2026, to Real Estate Services Department, 385 North Arrowhead Avenue, Third Floor, San Bernardino, CA 92415-0180. It is the sole responsibility of the

Proposer to ensure the proposal is complete and received by the date and time indicated. Proposals received after the deadline will be rejected.

7.2 Required Proposal Contents

Tab Required Content

1 Cover Letter and Attachment A - Cover Page

2 Name of Proposer exactly as it will appear on the lease agreement; address for notice; contact person; telephone number; ePro Vendor Number

3 Type of ownership/entity structure, including names of partners, officers, joint venture members, and authority to sign lease agreement

Description of proposed property, including location, access, proximity to arterial streets, highways/freeways, public transportation, building type, zoning, lot size, configuration, setbacks, expansion space, parking, lighting, security, aesthetics, and other relevant property features

5 Proof of ownership or other documentation showing Proposer’s control of the proposed property sufficient to enter into the contemplated lease with the County

6 Proposed method of financing development and/or modifications for the Premises; financial information may be required to evidence ability to perform

7 Proposer experience in performing lease obligations and references

8 Proposed development schedule, including ability to meet the desired August 1, 2028 occupancy date

9 Proposal Pricing and Lease Term Summary Form, including both pricing assumptions regarding County’s Right to Terminate Lease, if applicable

Any proposal submitted by a Proposer or subconsultant that is found by the County to be disqualified under Section 1090 will result in that proposal being deemed non-responsive.

In accordance with Public Contract Code section 2204(a), the Proposer certifies upon submission that the Proposer signing the Proposal is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 (http://www.dgs.ca.gov/pd/Resources/PDLegislation.aspx) as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Proposers are cautioned that making a false certification may subject the Proposer to civil penalties, termination of an existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205. Proposer agrees that signing the Proposal shall constitute signature of this Certification

12 Requested changes, exceptions, or deviations to this RFP and the form of Lease Agreement

13 Information on former County administrative officials employed by or representing Proposer

14 All required certifications, affidavits, and forms listed in Section 10 and Appendix C

7.3 Proposal Authorization

The proposal must be made by the Proposer or by an agent bearing a notarized authorization or power of attorney signed by the Proposer authorizing the agent to act on the Proposer’s behalf. If made by an individual, it shall be signed with the full name of the Proposer and include its address. If made by a partnership, joint venture, or corporation, it shall be signed by the authorized representative or agent for that entity.

7.4 Exceptions to RFP and Lease

Proposers must specify any proposed changes to the form of lease agreement attached as Attachment 4. All objections to any terms and conditions must be listed on Attachment H - Exceptions to RFP, or any exception thereto shall be waived. The County reserves the right to negotiate any proposed term(s) with the recommended Proposer prior to lease award, if any, by the Board of Supervisors.

8. Evaluation Criteria and Selection Process

8.1 Initial Review

All proposals will be initially evaluated to determine whether they are complete, in the required format, and in compliance with all requirements of this RFP. No proposal shall be rejected if it contains only a minor irregularity, defect, or variation that is considered by the County to be immaterial or inconsequential and that does not give the Proposer an unfair advantage over other Proposers. The County may notify the Proposer of the deficiency and provide an opportunity to correct it or may elect to waive the deficiency and accept the proposal.

8.2 Evaluation Criteria

Evaluation Category Weight Description

Location / Public Accessibility 10% Location within or proximity to the preferred geographic area; freeway access; public accessibility; proximity to County operations and service areas.

Cost to County 15% Proposed rent, operating expense structure, tenant improvement cost, concessions, and long-term cost considerations.

Building Structure / Property Development

30% Suitability of existing or proposed building, site, parking, security, warehouse space, code compliance, and ability to meet specifications.

Length of Term / County Right to Terminate

10% Lease term, options, pricing under termination scenarios, and flexibility for County requirements.

Proposer Experience / Ability to Finance

20% Experience, references, demonstrated ability to design, construct, finance, operate, and maintain the Premises.

County Performance History 10% Record of any unsatisfactory performance on current or prior County contracts within the last five (5) years.

Exceptions / Deviations 5% Requested exceptions or deviations to the RFP requirements and form of

Lease Agreement.

Selection of the recommended Proposer to enter into a lease to be approved by the County’s Board of Supervisors in its sole discretion will be based on determination of which proposal will best meet the needs of the County and the requirements of this RFP. The County reserves the right to request the information described herein from the Proposer. Failure to provide the information may result in a disqualification from the selection process. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. Proposer also may be requested to provide information to clarify initial responses. Negative information provided or discovered may result in disqualification from the selection process. Proposers may be asked to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them(if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Proposer will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail. In addition, Proposer may be asked to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the

Proposer will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail. For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

8.3 Best Value Evaluation

As established in this RFP, the County realizes that criteria other than price are important and will award contract(s) based on the Proposal that best meets the needs of the County. The County seeks the optimal combination of quality, price, and various qualitative elements of the required Services that will provide the County the greatest or best value for its money.

8.4 Lease Award and Final Approval

A lease may be recommended for award based on a competitive review of proposals received. The contents of the proposal of the recommended Proposer, if any, will be incorporated into the lease. Failure to accept these obligations in a lease agreement may result in disqualification from the RFP process. Proposer acknowledges that any lease resulting from this RFP will be awarded only by final approval of the San Bernardino County Board of Supervisors, and unless and until such approval by the Board, there is no binding obligation by the County. Any action by Proposer taken prior to such approval is at Proposer’s sole risk.

8.5 Inaccuracies or Misrepresentations

If in the course of the RFP process , the County determines that the Proposer has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, the Proposer may be eliminated from the RFP process.

8.6 Negotiations and Notice of Intent to Award

The County may require the potential Proposer(s) selected to participate in negotiations. This may include cost, technical, or other clarifications needed to make a decision.

A. Contract Negotiation After selection, negotiations may be conducted with the Proposer(s) of the highest-ranked Proposal(s).

Negotiations, if held, shall be within the scope of work in the request for Proposals. If the contract negotiations take place in San Bernardino County, California, the Proposer will be responsible for its travel and per diem expenses of its personnel.

B. Failure to Negotiate If the selected Proposer(s):

1. Fails to provide the information required to begin negotiations in a timely manner; or

2. Fails to negotiate in good faith; or

3. Indicates it cannot perform the Contract within the budgeted funds available for the Services; or

4. If the Proposer and the County, after a good faith effort, simply cannot come to terms;

Then the County may terminate negotiations with the Proposer(s) initially selected and commence negotiations with other qualified Proposer(s).

C. Notice of Intent to Award (NOIA) – Proposer Notification of Selection After the completion of Contract negotiations a written or electronic Notice of Intent to Award (NOIA) and denial letters (or a copy of the NOIA) will be issued to all Proposers. The issuance date of the NOIA is the date the NOIA was delivered by email or into the care of the United States Postal Service for delivery to the Proposer.

D. Review of Financial Performance As indicated in Section VII, Section B, financial information may be used to evaluate and select the Proposal(s) deemed to be in the County’s best interest. Alternatively, at the County’s sole discretion, the financial performance of the intended Contractor may be assessed prior to Contract award. Financial performance deemed unsatisfactory by the County may result in non-award or a recommendation for award to another Proposer(s).

E. Award A Contract will be awarded based on a competitive selection of Proposals received. The contents of the Proposal of the successful Proposer will become contractual obligations and failure to accept these obligations in a Contract may result in cancellation of the award.

9. Proposal Conditions

9.1 Definitions

Capitalized terms used in this RFP shall have the meanings given to them in the RFP and as defined below:

Board: The San Bernardino County Board of Supervisors.

Contract: The Contract between the County and the Proposer resulting from the award issued pursuant to this RFP to the successful Proposer.

Contractor: Any individual, company, firm, corporation, partnership or other organization to whom a contract award is made by the County.

Facilitator: A County Purchasing Department buyer or designated individual tasked with managing the processes of the evaluation panel.

Proposal: The offer to provide specific goods or services at specified prices and/or other conditions specified in the RFP.

Purchasing Agent: The Director of the County Purchasing Department.

Request for Proposal (RFP): The request for an offer from Proposers interested in providing the identified services sought to be procured by the County. The RFP specifies the evaluation factors to be used and contains or incorporates by reference contractual terms and conditions applicable to the procurement.

Services: The requested services described in this RFP.

Subcontractor: An individual, company, firm, corporation, partnership or other organization, not in the employment of or owned by Contractor who is performing services on behalf of Contractor under the Contract or under a separate contract with or on behalf of Contractor.

9.2 Authorized Signatures

All proposals must be signed by an individual authorized to bind the Proposer to the provisions of the RFP.

9.3 Term of Offer

Proposals shall remain open, valid, and subject to acceptance anytime within nine (9) months after proposal submission.

9.4 Required Review

Proposers should carefully review this RFP for defects and questionable or objectionable material. Comments from Proposers concerning defects and objectionable material in this RFP must be made in writing and received by the RFP contact prior to the deadline for submission of questions identified in Section II or at least ten (10) calendar days before the Deadline for Proposals (whichever occurs last). This will allow issuance of any necessary amendments or addendums to the RFP. It will also help prevent the opening of a defective RFP and exposure of Proposals upon which an award could not be made. Protests based on any omission or error, or on the content of this RFP, may be disallowed if not submitted in writing to the attention of the RFP Contact, prior to the deadline for submission of questions identified in Section II or at least ten (10) calendar days before the Deadline for Proposals (whichever occurs last).

9.5 Incurred Costs

The County is not obligated to pay any costs incurred by Proposer in preparation of a proposal. Proposers agree all costs incurred in developing a proposal are the Proposer’s responsibility.

9.6 Amendments / Addenda

The County reserves the right to issue amendments or addendums to this RFP if the County considers that changes are necessary or additional information is needed.

Changes to a Proposal or withdrawal of a Proposal will only be allowed if a request is received prior to the Deadline for Proposals. No amendments or withdrawals will be accepted after the Deadline for Proposals.

9.7 Right of Rejection

Offers must comply with all of the terms of the RFP, and all applicable local, state, and federal laws, codes, and regulations. The County may reject as non-responsive any Proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of the RFP. Further, the County may reject a proposal from any entity that is a parent, affiliate, or subsidiary, or that is under common ownership, control, or management with any other entity submitting a Proposal in response to this RFP.

A Proposer may not qualify the Proposal nor restrict the rights of the County. If Proposer does so, the Proposal may be determined to be a non-responsive counter offer and the Proposal may be rejected.

No Proposal shall be rejected, however, if it contains a minor irregularity, defect or variation. If the irregularity, defect or variation is considered by the County to be immaterial or inconsequential, the County may choose to accept the Proposal.

Minor irregularities may be waived by the Purchasing Agent when they are any of the following:

1. Do not affect responsiveness;

2. Are merely a matter of form or format;

3. Do not change the relative standing or otherwise prejudice other offers;

4. Do not change the meaning or scope of the RFP;

5. Are trivial, negligible, or immaterial in nature;

6. Do not reflect a material change in the work; or

7. Do not constitute a substantial reservation against a requirement or provision.

In such cases the Proposer will be notified of the deficiency in the Proposal and given an opportunity to correct the irregularity, defect or variation or the County may elect to waive the deficiency and accept the Proposal. The decision to provide a waiver shall in no way modify or compromise the overall purpose of the submittal, nor excuse the Proposer from compliance with all requirements if awarded a Contract.

This RFP does not commit the County to award a contract. The County reserves the right to reject any or all Proposals if it is in the best interest of the County to do so. The County also reserves the right to terminate this RFP process at any time.

9.8 Local Preference

The San Bernardino County has adopted a Local Preference Policy. A local preference of five percent (5%) shall be applied in the cost evaluation of proposals or bids for goods, services, equipment, or a minor public work project, unless an exemption applies. In a price-based bid, five percent (5%) will be deducted from the local vendor’s proposed cost for the purpose of comparison when the local vendor’s proposed cost is not the lowest. If the local vendor’s bid is equal to or lower than the price of an otherwise successful non-local vendor after the 5% preference is applied, the local vendor will be given the opportunity to match the lowest quoted price. In a best value evaluation, five percent (5%) of the awardable points for cost will be added to the local vendor’s score. If the local vendor’s overall score is equal to or lower than that of an otherwise successful nonlocal vendor, the local vendor will be recommended for award.

“Due to the evaluation of qualitative elements along with cost in a best value evaluation, application of local preference for cost proposals may not result in award to a local vendor with the lowest cost after applying local preference.”

Local Vendor - A local vendor is any vendor, contractor or consultant (hereafter “vendor”) that meets all of the following requirements:

1. Vendor’s main office (headquarters) or a major regional office is located within the County;

2. Vendor employs a minimum of 25% of the vendor’s full-time management employees and 25% of its full-time regular employees working from the San Bernardino County location(s);

3. Vendor employs one full-time or two part-time employees with primary residence in the County;

4. Vendor’s “point of sale” for purposes of reporting sales tax to the State Board of Equalization is within the boundaries of the County. The payment of any local share of sales tax must go to the County or a city within the County. If the local business has more than one sales office in the State of California, the office located in the County shall be the point of sale for sales tax calculation;

5. Vendor is not delinquent in any taxes or other payments to the County;

6. Vendor possesses a valid and verifiable business license (if required);

7. Vendor has been open and established for at least six months prior to the issuance of the solicitation;

8. Vendor can demonstrate on-going business activity in the field of endeavor on which they are proposing from that office during the preceding six months;

9. Vendor has not within five years prior to the solicitation admitted guilt or been found guilty by any court or state or federal regulatory enforcement agency of violation of any criminal law or any law or regulation regarding fraud;

10. Vendor is not federally debarred; and

11. Vendor is not suspended or debarred from participation in doing business with the County, in the scope of work that is the subject of the solicitation.

12. Local Vendor Self-certification – Documentation provided

Local Vendor self-certification form is required for any bid or proposal when a local preference is claimed affirming that it meets each of the above stated criteria, and signed by a vendor representative with the authority to obligate the company under penalty of perjury. (See Attachment)

9.9 Clarification of Offers

In order to determine if a Proposal is reasonably susceptible for award, communications by the Facilitator for the evaluation panel are permitted with a Proposer to clarify uncertainties or eliminate confusion concerning the contents of a Proposal. Clarifications may not result in a material or substantive change to the Proposal. The evaluation by the panel may be adjusted as a result of a clarification under this section.

9.10 Public Records Act

All Proposals and other material submitted become the property of the County and are subject to release according to the California Public Records Act (Government Code § 7920.000). All Proposal information, including cost information, will be held in confidence during the evaluation and negotiation process. Thereafter, Proposals are subject to becoming a non-exempt public record.

If a Proposer believes that any portion of its Proposal is exempt from public disclosure, it must indicate the specific portions believed to be confidential and not subject to disclosure on Attachment I - Public Records Act Exemptions.

The Proposer also must include a brief description that sets out the reasons for exemption from disclosure. Each stated exemption must include a citation to supporting legal authority, including statutory authority or case law, to support exemption from the Public Records Act. Requested exemptions that do not meet the requirements of this section will not be considered.

The County will use reasonable means to ensure that such information is safeguarded but will not be held liable for inadvertent disclosure of the information. Proposals marked “Confidential” in their entirety will not be honored, and the County might not deny public disclosure of any portion of Proposals so marked.

By submitting a Proposal with portions identified in Attachment I as “Confidential,” Proposer represents that it has a good faith belief that such portions are exempt from disclosure under the California Public Records Act. Proposer may be requested to obtain legal protection from disclosure should a Public Records Act request be received. In the event the County does not disclose the information marked “Confidential,” Proposer agrees to reimburse the County for, and to indemnify, defend (with counsel approved by County) and hold harmless the County, its officers, employees, agents, and volunteers from and against any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs and expenses, including without limitation, attorneys’ fees, expenses and court costs of any nature arising from or relating to the County’s non-disclosure of any such designated portions of a Proposal.

9.11 Employment of Former County Officials

Information must be provided in Attachment G regarding former County Administrative Officials (as defined below) who are employed by or represent Proposer. The information provided must include a list of former County Administrative Officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of Proposer and should also include the employment and/or representative capacity and the dates these individuals began employment with or representation of Proposer. For purposes of this section, “County Administrative Official” is defined as a member of the Board of Supervisors or such member’s staff, Chief Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

Failure to provide this information may result in the Proposal being deemed nonresponsive.

9.12 Iran Contracting Act

*If applicable* ($1,000,000 or more) Iran Contracting Act of 2010[DN1.1] In accordance with Public Contract Code section 2204(a), the Proposer certifies upon submission that the Proposer signing the Proposal is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of- Ineligible-Businesses)as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Proposers are cautioned that making a false certification may subject the Proposer to civil penalties, termination of an existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205. Proposer agrees that signing the Proposal shall constitute signature of this Certification.

9.13 Disclosure of Criminal and Civil Proceedings

The County reserves the right to request the information described herein from the Proposer selected for Contract award. Failure to provide the information may result in a disqualification from the selection process and no award of Contract to the Proposer. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The selected Proposer may also be asked to provide information to clarify initial responses. Negative information provided or discovered may result in disqualification from the selection process and no award of Contract.

The selected Proposer may be asked whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of it partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Proposer will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the selected Proposer may also be asked to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Proposer will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

9.14 Debarment and Suspension / Secretary of State Registration Proposer certifies in Attachment D that neither it nor its principals or subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See Attachment D and the following United States General Services Administration’s System for Award Management website https://www.sam.gov). Proposer also certifies in Attachment D that if it or any of the subcontractors listed in the Proposal are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

9.15 Unsatisfactory Performance

Proposer affirms that it has no record of unsatisfactory performance with the County in the twenty-four (24) month period immediately preceding the date of issuance of this RFP.

9.16 Final Authority

The final authority to award a contract as a result of this RFP rests solely with the County Board of Supervisors or as delegated by the Board of Supervisors.

9.17 Department of Industrial Relations Registration

*if applicable* Department of Industrial Relations Registration Proposer must be registered with the Department of Industrial Relations as required by Senate Bill 854 (Chapter 28, Statutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) to work on public works contracts as defined under the Labor Code.

9.18 Appeal and Award

In the event a dispute arises concerning the Proposal process prior to the award of the Contract, the Proposer raising the dispute shall submit a request for resolution in writing to the Purchasing Agent. Proposer may appeal the recommended award or denial of award (Protest), provided the Protest:

Is submitted in writing.

Is submitted within ten (10) calendar days of the issuance date of the NOIA.

A Protest can only be brought on the following grounds:

Failure of the County to follow the selection procedures and adhere to requirements specified in the RFP or any addenda or amendments.

Violation of conflict of interest as provided by California Government Code Section 87100 et seq.

Violation of State or Federal law.

Protests will not be accepted for any other reasons than those stated above. All Protests must be sent to:

Stephenie Shae, Acting Director of Purchasing, Director

San Bernardino County Purchasing Department 777 E. Rialto Avenue San Bernardino, CA 92415-0760

Upon receipt of the formal Protest, the Purchasing Agent, or his/her designee, will attempt to resolve the Protest.

A Protest shall be disallowed when, in the judgment of the Purchasing Agent it has been submitted: (1) as a delay tactic; (2) for the purpose of posturing the Proposer advantageously for future procurement; (3) in a form that deviates from the one prescribed; (4) without adequate factual basis or merit; or (5) in an untimely manner.

The Purchasing Agent shall make a decision concerning the appeal, and notify the Proposer submitting the Protest, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract. The decision of the Purchasing Agent shall be deemed final.

Alternatively, at the Purchasing Agent’s…