County of San Mateo

Request for Proposals (RFP) for Merchant Credit Card

Services

Treasurer-Tax Collector

RFP No. 15200-25-002

RFP Contact: Carlos Lamas clamas@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

County of San Mateo Treasurer-Tax Collector's Office, hereafter referred to as "TTC" is seeking a

Request for Proposals "RFP" from interested and qualified providers of Merchant Credit Card Services for the County of San Mateo. The target start date and term for the proposed services is December 1, 2025 through November 30, 2028, subject to negotiations of a final agreement. The period of the term is also subject to change, however the term itself will not exceed three years from start date to end date.

1.2. Background

San Mateo County Treasurer-Tax Collector Sandie Arnott is an elected Official who is statutorily providing the banking services for the County departments, school districts, community college districts and certain special districts on behalf of the County of San Mateo (hereafter referred to as the “County”).

The Treasurer-Tax Collector is seeking pricing information and scope of work from qualified respondents to provide Merchant Credit Card Services for use by all County departments.

The County currently accepts debit/credit card payments at a number of Departments including: County

Clerk-Recorder and Elections, Parks and Recreation, Planning and Building, Public Works (County

Garage & San Carlos Airport), Sheriff’s Office, San Mateo County Health (Aging and Disability

Services, Behavioral Health Recovery Services, Emergency Medical Services, Environmental Health, Public Health, Policy, and Planning "PHPP", and San Mateo Medical Center (public hospital and clinic system which includes 14 separate sites), and Vocational Rehabilitation Services (VRS)/Catering

Connection.

The Tax Collector's Office is not included in this RFP; Presently, The Tax Collector's Office is under agreement with another provider which is integrated with the department's existing property tax system.

Collectively, our County departments require a provider which can process Visa, MasterCard, American

Express, Discover, and debit card transactions. Acceptance of payment vary from standalone POS card readers to more sophisticated connections such as those through electronic payment gateway processing through systems of record either in the office or online through a website. In addition, several County departments also process E-Check options through our existing options.

It is anticipated additional County departments may express an interest in providing this payment option in the near future and a suitable provider will need to be able to scale up to meet future demand.

To learn more about the Treasurer's Office, please refer to the following link:

https://www.smcgov.org/treasurer.

https://www.smcgov.org/treasurer

Page 3 of 18 Release date of June 16, 2025

In an effort to clarify any questions regarding this RFP, we will respond to questions that are presented in writing only. These questions will be answered and posted through this posting in OpenGov for all respondents to review.

All proposals will be reviewed and evaluated by an RFP evaluation committee. The Treasurer-Tax

Collector reserves the right to reject any and all proposals received as a result of the RFP process. Any proposal judged to be incomplete will be rejected. The following areas will be considered in making such a recommendation:

• Qualification including experience, financial and legal (contracting) capabilities

• Service capability and approach

• Fees

Except as otherwise set forth in the applicable Additional Terms, nothing in the Master Agreement will be construed to preclude the provider from providing to, or the County from another entity products and services similar to the Products and Services requested in this RFP.

Unless stated otherwise, all deadlines in this RFP are in Pacific Standard Time.

1.3. Contact Information

Project Contact:

Carlos Lamas Management Analyst Email: clamas@smcgov.org Phone: (650) 363-4978

Procurement Contact:

Carlos Lamas Management Analyst Email: clamas@smcgov.org Phone: (650) 363-4978

Department:

Treasurer-Tax Collector

Department Head:

Sandie Arnott Treasurer-Tax Collector

1.4. Timeline

RFP Released June 16, 2025

Deadline for Questions, Comments and

Contract Exceptions

June 27, 2025, 12:00pm mailto:clamas@smcgov.org tel:(650)363-4978 mailto:clamas@smcgov.org tel:(650)363-4978

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Proposal Due Date and Time July 18, 2025, 5:00pm

RFP Committee Review Period July 21, 2025

Recommendation to Board of Supervisors September 9, 2025

2. Scope of Work

2.1. Description

1. The County is seeking a qualified firm to process debit card and credit card payments via Point of Sale, manual terminal processing, and through electronic payment gateway processing.

2. Proposers must have a minimum of five (5) years of experience in providing merchant credit card services to government entities of a similar size to San Mateo County.

3. Proposers must demonstrate technical expertise, technical capability and functional capacity to process

San Mateo County transaction volumes, amounts and information accurately and on time without interruption.

4. Proposers must be capable of providing a web-enabled electronic summary on a monthly basis to each user department within the County. The report should detail all transactional activity for all card types. A sample report should be submitted with your proposal.

5. All transaction fees are to be paid by each user department within the County. Cost to the County for the necessary equipment, software and services should be at little or no cost.

6. The successful proposer shall be solely responsible for handling all customer claims and transaction related disputes, and will have customer and client support available during County business hours with preference given to both internet and telephone support options.

7. Proposers must be Payment Card Industry – Data Security Standard (PCI-DSS) compliant and shall utilize tokenization technology, Point-to Point Encryption (P2PE) or other secure technology to shield against fraudulent activity. An advanced suite of fraud management tools to help quickly detect fraud activity should be included.

8. A description of fraud detection technology and procedures should be included with the proposal.

9. Proposers must describe and demonstrate that they have the technical expertise, technical capability and functional capacity to process San Mateo County’s transaction volume, amounts and information accurately and on time without interruption.

10. Proposers ability to provide County departments with the individualized capability to accept credit/debit payments online.

11. Proposer must provide in their response, how this agreement will be managed, with the TTC preference being that an account level manager and counterpart be assigned to manage the relationship to

Page 5 of 18 Release date of June 16, 2025 act as a liaison between end users (County Departments) and the proposer's organization. At minimum, email and/or phone support must be available to all end users for fiscal/administrative matters between

7:00 AM (Pacific) to 7:00 PM (Pacific) Monday through Friday and afterhours for critical technical support, which also will include weekends and holidays.

12. Proposer will need to have capacity and experience specifically with providing a healthcare payment solution; Specifically San Mateo Medical Center "SMMC" utilizes a single, integrated electronic health record (EHR) system known as EPIC. The County preference is to engage with one proposer who can provide both a healthcare payment solution for SMMC and a non-healthcare payment solution for the broader group of County departments who are not directly involved in healthcare services. Questions on current stage of implantation and requirements should be posed in the questions and comments portion of this RFP for further review and response.

2.2. Length of Agreement

The anticipated duration of the agreement will be for three years, with the term tentatively scheduled to begin December 1, 2025 and end on November 30, 2028. The agreement will also include for one option to amend for up to two additional years, for a maximum of five years between initial agreement and one amendment, upon mutual agreement by the parties. Note, timeline may shift to a earlier start date but the agreement shall not exceed the previously stated terms of three years and maximum of five years through potential amendment.

3. Submission Requirements

3.1. Submission Deadline

Proposals must be electronically received by 5:00 pm, on Friday, July 18, 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 mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/smcgov https://procurement.opengov.com/portal/smcgov

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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

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

4.1.1. Has Proposer has been providing similar services for a minimum of five (5) years within the last seven (7) years? *

☐ Yes https://procurement.opengov.com/portal/smcgov/projects/175951/document?section=1617522

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☐ No

*Response required

4.1.2. Account manager has a minimum of two (2) years of experience within the last five (5) years in providing account services?*

☐ Yes

☐ No

*Response required

4.1.3. Please confirm your firm is registered 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

4.2. Technical Proposal

All proposals should be typewritten or prepared on a computer and have consecutively numbered pages, including any exhibits, charts, and/or other attachments.

All proposals should adhere to the specified content and sequence of information described by this RFP.

Each proposal should include sections addressing the following information in the order shown in the following fields. The proposer should be sure to include all information that it feels will enable the

Evaluation Committee and, ultimately, the County to make a decision. Failure of the proposer to provide specific, detailed information may result in its proposal being rejected in favor of a sufficiently-detailed proposal. Any necessary exhibits or other information, including information not specifically requested by this RFP but that you feel would be helpful, should be attached to the end of the proposal. The party submitting the materials should keep in mind the limitations on confidential information described in section 7.10. Public Record.

4.2.1. Cover Letter*

Provide a one page cover letter on your letterhead that includes the address, voice and facsimile numbers, and e-mail address of the contact person or persons. List the name and title of each person authorized to represent the proposer in negotiations.

Unless the proposer is an individual, all proposals must be signed with a firm/company/partnership/entity name and by a responsible officer or employee indicating that officer or employee’s authorization to https://sam.gov/content/home

Page 8 of 18 Release date of June 16, 2025 commit the proposer to the terms of the proposal. Obligations assumed by such signature must be fulfilled.

*Response required

4.2.2. Direct response to the Scope of work*

Proposer will submit direct response covering how each point of the Scope of Service will be serviced or provided. Note, no specific pricing should be listed here, pricing related responses should be submitted in subsequent section titled "Cost Analysis and Budget for Primary Services".

*Response required

4.2.3. Qualifications and Experience*

1) Provide a statement of qualifications for your organization, including an organization chart, 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.

2) How many full time employees (FTEs) do you plan to assign to this project if you are selected?

3) How many people in total are employed by your company? Delineate between employees and consultants.

4) If applicable, list the professional qualifications for each individual that would be assigned to provide services requested by this RFP, including date and educational institutions of any applicable degrees, additional applicable training, and any professional certifications and/or licensing. In lieu of listing this information, you may submit a resume or curriculum vitae for each such individual if the resume/CV includes all the requested information.

Response should be limited to two pages.

*Response required

4.2.4. Philosophy and Service Model*

This section describes your philosophy and service model for meeting the services required by this RFP.

Relevant considerations include the quality and feasibility of your approach to meeting these needs, the manner in which you plan to provide adequate staffing (including planning for absences and back-up coverage, training, background checks, and staff monitoring, etc.), and equipment or other resources provided by you (if applicable). Keep these considerations in mind as you respond to the following:

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

B. List your needs for physical space and/or equipment at the County during this engagement, if any, aside from space or equipment that would be provided by the County as an obvious aspect of the requested services (for example, space to treat patients, computers to document services, etc.).

C. Identify how you will meet all other aspects of the scope of work and related requirements stated above. List any items that you cannot provide.

D. 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.

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

Response should be limited to two pages.

*Response required

4.2.5. Customer Service*

A. How will your services meet the needs of County customers and/or the public?

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

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

Response should be limited to two pages.

*Response required

4.2.6. Claims, Licensure, Non-Discrimination, and Health Insurance Portability and

Accountability Act (HIPAA) Violations Against Your Organization*

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

*Response required

4.2.7. Cost Analysis and Budget for Primary Services*

In addition to the points to address below, a clear and easy to understand fee schedule will need to be included as part of the response to this section. The fee schedule should clearly delineate this proposal's specific pricing for

• Interchange Fees

• Assessment Fees

• Payment Processor Fees

• Other Potential Fees

This fee schedule will become part of any final agreement between the County and successful proposer.

Failure to include a fee schedule will result in a submission being rejected for lack of completeness.

A. Provide a detailed explanation for all costs associated with your providing the requested services if you are selected.

B. Is travel time to the County expected to be billable? If so, how will travel time invoices be calculated? Generally, proposals that do not include travel time or expenses are preferred unless the services requested require travel as part of the service.

C. Include start-up costs if any.

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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

4.2.8. Cooperative Purchasing*

A. State whether the resultant contract can be extended to other San Mateo County departments and/or public agencies in the San Francisco Bay area upon their request. Your response to this inquiry will not affect the selection decision unless other factors are deemed to be equal by the

County.

B. List any additional services that you foresee may be necessary, if any, and list the proposed costs for such services.

Response should be limited to two pages.

*Response required

4.2.9. Quality/Program Evaluation*

Each program may have specific quality/evaluation issues, below are some examples:

A. Describe the Quality Improvement plan. The plan should include a description of utilization review, co-occurring capability development, medication monitoring, case documentation, peer review, and other issues pertaining to quality improvement mandates and policies.

B. Describe a contingency emergency plan.

C. Describe credentialing/licensing.

Response should be limited to two pages.

*Response required

4.2.10. References*

Provide at least three client references, if applicable and appropriate, for whom you have provided more than occasional services. Include names, titles, e-mail addresses and phone numbers for these individuals.

To collect this information, attachment F is provided.

*Response required

4.2.11. Statement of Compliance with County Contractual Requirements*

A sample of the County’s standard contract (including attachments A, C, D, E) are attached to this

RFP. 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 contract, including but not limited to the following:

A. The County non-discrimination policy (Standard Contract Template, section 12, page 6)

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B. The County equal employment opportunity requirements (Standard Contract Template, section

12, page 6)

C. County requirements regarding employee benefits (Standard Contract Template, section 12, page

7)

D. The County jury service pay ordinance (Standard Contract Template, section 13, page 8)

E. The hold harmless provision (Standard Contract Template, section 8, page 3)

F. County insurance requirements (Standard Contract Template, section 10, page 4)

G. The County Living Wage Ordinance (Standard Contract Template, section 12, page 8)

H. All other provisions of the standard contract

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.

The proposal must state any objections to any terms in the County’s 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 contract template as-is. It is the County's preference to engage a potential agreement with the County's standard contract template.

NOTE: The sample 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 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.

All proposals received will be evaluated by an RFP Evaluation Committee. During the evaluation process, the County may require a proposer's representative to answer specific questions orally and/or in writing. The County may also require a visit to the proposer's offices, other field visits or observations by

County representatives, or demonstrations as part of the overall RFP evaluation. Once a finalist or group of finalists is selected, additional interactions or information may be required. The most qualified individual or firm will be recommended by the RFP Evaluation Committee based on the overall strength of each proposal, and the evaluation is not restricted to considerations of any single factor such as cost.

Responses to this RFP must adhere to the format for proposals detailed in Minimum Qualifications and

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Technical Proposal section. The criteria used as a guideline in the evaluation will include, but not be limited to, the following:

• Qualifications and experience of the entity, including capability and experience of key personnel and experience with other public or private agencies to provide these services

• Proposed approach, including clarity of understanding of the scope of services to be provided and appropriateness of the proposed solution/services

• Customer service

• History of successfully performing services for public or private agencies

• Ability to meet any required timelines or other requirements

• Claims and violations against you or your organization

• Cost to the County for the primary services described by this RFP

• References

• Compliance with County RFP and contractual requirements

The County may consider any other criteria it deems relevant, and the Evaluation Committee is free to make any recommendations it deems to be in the best interest of the County. Inaccuracy of any information supplied within a proposal or other errors constitute grounds for rejection of the proposal.

However, the County may, in its sole discretion, correct errors or contact a proposer for clarification.

Note that the County reserves the right to evaluate proposals solely based on each provider's written submission. In relation to written materials, evaluation will be performed only on the material included directly in the proposal itself unless otherwise indicated or requested by the County. Your proposal must be complete without relying on external websites, sales brochures, marketing materials or white papers.

The County reserves the right to accept proposals other than those with lowest costs.

No. Evaluation Criteria Scoring Method Weight (Points)

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1. Minimum Qualification

Does proposer meet the RFP's minimum qualifications? This is reviewing the responses in section Minimum Qualifications and

Technical Proposal. Proposers will need to respond to the Minimum Qualification questions and submitted complete responses to the Technical Proposal to receive a passing score.

If submission is scored Fail, the submitted proposal will not advance to the RFP

Evaluation Committee.

Pass / Fail 2 (2% of Total)

2. Scope of Work

Overall approach to fulfilling the Scope of

Work. (Technical Proposal, 2.2)

Points Based 32 (32% of Total)

3. Technical Proposal

Overall approach and response to the Technical

Proposal (All sections, except 2.2 and 2.7)

Points Based 33 (33% of Total)

4. Price Proposal Fees

Overall review of the presented Fee Schedule and prepared in the manner as requested

(Technical Proposal, 2.7)

Reward Low Cost 33 (33% 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.

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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.

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

Treasurer-Tax Collectoris issuing Request for Proposal (RFP) No. 15200-25-002 for Merchant Credit

Card Services.

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.

6.5. Invoicing

The County's preference is to be invoiced for any fees due, payable with payment terms Net 30 upon presentation of an invoice. Under no circumstances will the County allow proposers to debit any settlement account for potential fees due. All payments for goods and services must be invoiced and processed through established County accounts payable practices.

Successful proposer will need to work the County to establish authorization to receive payment for service via ACH. Initially the County is prepared to pay via check but proposer will need to transition to

Page 15 of 18 Release date of June 16, 2025 accepting payment via County originated ACH. An example of the "Authorization Agreement for ACH

PAYMENTS (Vendor Direct Deposit)" agreement is included for initial review. Submit a question by the

Deadline for Questions, Comments and Contract Exceptions listed in the Solicitation Schedule, Section

1.4 Timeline, if you have any questions regarding attachment "Authorization Agreement for ACH

Payments", found in Section 9.

7. Terms and Conditions for Receipt of Proposals

7.1. Errors, Omissions and Inquiries regarding the RFP

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

Inquiries regarding the RFP should be lodged in eProcurement portal.

7.2. Objections to RFP Terms

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

7.3. Addenda

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

7.4. Term of Proposal

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

7.5. Revision or Withdrawal of Proposal

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

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

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7.6. Errors and Omissions in Proposal

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

7.7. No Commitment

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

7.8. Financial Responsibility

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

RFP or participating in any presentations or negotiations.

7.9. Estimated Quantity

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

7.10. Public Record

A. General

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

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

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

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

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

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

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

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

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

Page 17 of 18 Release date of June 16, 2025

7.11. 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.

7.12. 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.

7.13. 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.

7.14. 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

Page 18 of 18 Release date of June 16, 2025 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.

8. Protest Procedures

8.1. Protest of Non-Responsiveness Determination

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

8.2. Protest of Contract Award

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

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

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

8.3. Delivery of Protests

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

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

Protests@smcgov.org

Subject: Merchant Credit Card Services, 15200-25-002