On-Call_Emergency_Restoration_Services.pdf

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On-Call Emergency Restoration Services
Solicitation number
2026-RFP-00084
Issued by
San Mateo County, California

About this file

This is a Request for Proposals (RFP) issued by the County of San Mateo Department of Public Works seeking two on-call emergency restoration services vendors. The County seeks contractors capable of providing 24/7 emergency response services for water, fire, smoke, and mold damage affecting County facilities, including testing, assessment, containment, remediation, cleaning, sanitization, hazardous materials removal, structural element restoration, dehumidification, mold remediation, and odor removal. Contractors must respond to emergency requests within two hours of initial contact and non-emergency requests within 24 hours. Questions regarding the RFP are due December 16, 2025, at 2:00 PM, with responses provided by December 19, 2025, at 3:51 PM. Proposals must be submitted electronically by December 23, 2025, at 2:00 PM via the eProcurement portal. Interviews are tentatively scheduled for January 8, 2026, with an anticipated contract award date of February 10, 2026. No pre-proposal conference or site visit is scheduled. The resulting agreements will have a five-year term, with each selected vendor under a separate contract with an aggregate fiscal obligation not to exceed $2,000,000.

Pricing will be negotiated on either a lump sum or hourly basis at prevailing wage rates, with contractors required to submit labor rates for 22 specified positions ranging from Project Manager to General Inspector. The RFP includes a sample project pricing proposal requiring contractors to cost a water damage restoration scenario involving three technicians, equipment, materials, testing, and permits. Evaluation criteria weight firm and team qualifications at 30 percent, sample project pricing at 40 percent, and labor rates fee structure at 30 percent. Proposers must demonstrate a minimum of four years of similar service experience within the last seven years, maintain an account manager with at least two years of relevant experience, and be registered in the System for Award Management (SAM.gov). Contractors must maintain 180-day warranties on all work and carry insurance including $1,000,000 in comprehensive general liability, motor vehicle liability, and professional liability coverage. All work must comply with prevailing wage requirements, applicable federal, state, county, and municipal regulations, and standards from OSHA, the Bay Area Air Quality Management District, and the California Air Resources Board. The RFP does not specify set-asides for disadvantaged enterprises or identify incumbent contractors.

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County of San Mateo

Request for Proposals (RFP) for On-Call Emergency

Restoration Services

Public Works - Capital Projects

RFP No. 2026-RFP-00084

RFP Contact: Roxanne Maquinana rmaquinana@smcgov.org

1. Introduction and Schedule

The County of San Mateo (the “County” or “SMC”) covers most of the San Francisco Peninsula. The region covers 744 mi and is home to nearly 800,000 residents and 20 incorporated cities. The County provides for the health and welfare of all people within its borders and serves as the local government for the unincorporated areas. Innovation thrives here in industries including bioscience, computer software, green technology, hospitality, financial management, health care, education and transportation. The

County prides itself on how that prosperity fosters its commitment to protecting and enhancing the health, safety, welfare and natural resources of the community.

1.1. Summary

The Department of Public Works (Department) is seeking On-Call Emergency Restoration Services companies. The anticipated services are to be performed within a designated area of the County.

However, if the need arises, the Owner reserves the right to require the vendor to work at any location or facility under the jurisdiction of the Owner. The work to be done consists, in general, of providing essential and time-sensitive projects as they may occur and providing all labor, materials, tools, appurtenances, and equipment required as well as any other items and details not mentioned but required to complete the work and as directed by the Director of Public Works or the Director's designee.

The target start date and term for the proposed services are subject to negotiation of a final agreement.

The Department intends to bring under contract two (2) vendors to provide on-call emergency restoration services with an aggregate fiscal obligation not to exceed $2,000,000 for each agreement. Separate Task

Orders will be issued under each agreement, as warranted, throughout the term of the Agreement.

1.2. Background

The Department plans, designs, constructs, operates, manages and maintains all County-owned facilities to ensure they are safe and accessible to residents and clients of County agencies, the general public, and

County employees. The Department has a budget of approximately $200 million and is staffed with over

300 employees in five divisions: Administrative Services, two Airports (San Carlos and Half Moon Bay), Engineering and Resource Protection, Facilities Services, and Road Services, supporting the 46 special districts governed by the Board of Supervisors and administered by the Department of Public Works.

1.3. Contact Information

Project Contact:

Roxanne Maquinana Program Services Manager Email: rmaquinana@smcgov.org Phone: (650) 363-4100

Procurement Contact:

Roxanne Maquinana Program Services Manager Email: rmaquinana@smcgov.org Phone: (650) 363-4100

Department:

Public Works - Capital Projects mailto:rmaquinana@smcgov.org tel:(650)363-4100 mailto:rmaquinana@smcgov.org tel:(650)363-4100

Page 3 of 17 Release date of December 4, 2025

Department Head:

Ann M. Stillman Director

1.4. Timeline

RFP Released December 4, 2025

Deadline for Questions, Comments and

Contract Exceptions

December 16, 2025, 2:00pm

Question Response Deadline December 19, 2025, 3:51pm

Proposal Due Date and Time December 23, 2025, 2:00pm

Interviews (tentative, as needed) January 8, 2026

Anticipated Contract Award Date February 10, 2026

2. Scope of Work

2.1. Emergency Restoration Services

Emergency Restoration Services

• Provide 24/7 emergency response for water, fire, smoke, and mold damage.

• Perform a variety of tasks, including, but not limited to, the testing, assessment, containment, remediation, cleaning and sanitization of surfaces and surface areas in and around County facilities.

• Services shall include, but not be limited to, the following:

A. Testing and Assessment - in-person field verification and inspection.

B. Containment - supply and installation of barriers and any equipment necessary to facilitate complete and proper containment.

1. Remove contaminated soil or hazardous materials from facilities.

C. Remediation - all labor, materials, equipment for removal and proper off-site disposal of identified materials, including hazardous waste.

1. Restore flooring, drywall, and other structural elements affected by damage

Page 4 of 17 Release date of December 4, 2025

D. Cleaning and Sanitization - all labor, materials, equipment to properly clean and restore identified areas to acceptable environmental standards.

1. Water extraction, drying, dehumidification, and mold remediation

2. Conduct fire and smoke damage cleanup, including odor removal and soot elimination

• No action shall take place without the explicit approval of the Facilities Maintenance Operations

Supervisor or Facilities Manager. Proper personal protective equipment (PPE) shall be worn at all times by personnel.

2.2. Contractor Responsibilities

• Debris. Clean work areas daily, at the end of the workday, of all work-generated debris. NOTE:

Unless pre-approved by a Department of Public Works' (Department) representative, debris will not be placed in County of San Mateo (County dumpsters but will be removed from the work site by the Contractor.

• Labor Rates. Unless otherwise provided for herein, the labor fees are for prevailing wage rates.

• Permits. If required, the Contractor will obtain all permits pertaining to any assigned work

(NOTE: Department will reimburse the Contractor for the government-mandated fees pertaining to permits, but not for additional labor, profit, or overhead incurred obtaining them).

• Safety Standards. Each contractor must ensure that each worker knows and abides by safety precautions in the use of tools and equipment in providing these services. The Contractor will, upon the Department's request, provide the Department with a copy of its safety policy.

Contractor shall follow all industry-recognized standard practices for proper testing, assessment, containment, remediation, cleaning and sanitization of contaminated surfaces and areas.

Contractor shall have all employees on a County-owned site complete and turn in a Contractor

Safety Form.

• Regulatory Requirements. Contractor shall exercise and maintain all applicable Federal, State, County and Municipal regulatory requirements as it pertains to health and safety. Regulators include but are not limited to the Occupational Safety and Health Administration (OSHA), Bay

Area Air Quality Management District (BAAQMD), Department of Environmental Health and

California Air Resources Board. Where there is a conflict between applicable regulations, the most stringent will apply. This includes removal and disposal of any hazardous waste.

• Tools/Equipment/Materials. The Contractor will ensure that at all times during the work tools, equipment, and material are handled, placed, and stored in a secure and safe manner so as to protect all parties, including, but not limited to, the Contractor's workers, County tenants and staff, and the public at large. The Contractor will ensure that during non-working hours items are not left unattended on the job site when safety may be compromised. Because the buildings that

Page 5 of 17 Release date of December 4, 2025 the Contractor will be working in may occupied, hallways must be kept clear for access and egress.

• Warranty/Guarantee. All work provided by Contractor pursuant to any contract that ensues from this solicitation will be warranted or guaranteed by that Contractor for no less than 180 days. The Contractor will provide all labor for warranty work for the length of the manufacturers warrant on a new system that the Contractor installs.

• Weekends. Unless approved by the Department, in writing, the Contractor will not perform work on County property during holidays or weekends (Saturday or Sunday).

• Licenses. Contractor shall hold and maintain all required licenses and certificates to perform the contracted scope of work.

2.3. Proposal and Payment Understanding

The on-call services may be performed by a negotiated lump sum cost which shall include all labor, materials, parts, tools, equipment, and any other items deemed necessary to perform a scope of work and/or provide a complete project. Contractors acknowledge that they understand these conditions upon signing of any on-call agreement. On-call work may also be performed on an hourly basis per approved and agreed upon rates (must be no less than prevailing wage).

Additional Scope - The Consultant shall list all other sub-tasks, materials and equipment deemed necessary for successful completion of the project. This shall be broken down into sub-tasks, as appropriate, and the contractor's fee should reflect the corresponding costs.

2.4. Response Time

Once ordered to proceed with work at a specific location by the Department, the Contractor will complete the work in a timely manner as directed by the Department.

1. Possess and maintain a service request reporting system, such as a designated phone contact with

24 hours, 7 days per week service, capable of dispatching service personnel. The reporting system and telephone number shall be provided to the Department upon commencement of this contract.

2. Respond to, mobilize, and be onsite ready to start work for all emergency requests within two (2) hours of initial contact, unless a longer response time is agreed to by the Department's Facilities

Maintenance and Operations (FMO) Manager, and/or Department's designee.

3. Respond to, mobilize, and be onsite ready to start work for non-emergency requests within 24 hours, unless a longer response time is agreed to by Department's FMO Manager, and/or

Department's designee.

4. Time to respond shall start when the County reports the problem to the Contractor’s designated emergency phone number. The Contractor shall provide a call back to the FMO Manager, and/or

Department's designee within thirty (30) minutes of the initial call if unanswered by the

Contractor.

Page 6 of 17 Release date of December 4, 2025

5. If containment and cleaning cannot be completed upon arrival, the facility and areas of work shall be left in a secured manner to ensure the safety of County employees, clients and facilities. The

FMO Manager, and/or Department's designee shall be notified of the condition(s) at the specified site and shall be given a status update and provided a clear and outlined, step-by-step procedure in the form of a written or typed document, hand-delivered or emailed, for the cleaning of the target area(s) to acceptable and established standards.

3. Submission Requirements

3.1. Submission Deadline

Proposals must be electronically received by 2:00 pm, on Tuesday, December 23, 2025 via eProcurement system.

Allow sufficient time for the upload to complete by the Due Date and Time. Partial uploads will automatically terminate, and proposals will be rejected. The eProcurement system submission time will be the official submission time. The County will not be responsible for and may not accept proposals that are late due to slow internet connections or for any other failure of the eProcurement system.

NOTE: The County does not maintain the eProcurement system and is not liable for site failures or technical problems. To resolve technical issues, contact OpenGov Technical Support by using the real time chat located in the lower right hand corner of the screen, or via email at procurement-support@opengov.com https://procurement.opengov.com/portal/smcgov

3.2. Pre-submission Registration

Organizations or individuals interested in responding to this solicitation must register online with the

County of San Mateo at:

• https://procurement.opengov.com/portal/smcgov

It is recommended that organizations complete this registration as soon as possible. The County will not be responsible for and may not accept proposals that are late due to a failure to register in the eProcurement system.

3.3. Submission via eProcurement Portal

Required Documents

Please refer to the Technical Proposal section for submittal documents and requirements.

Electronic Submissions

Include the proposer name and the RFP title and number in each filename. Submit proposals via the eProcurement website, allowing sufficient time for the upload to complete by the Due Date and Time. As noted above, the eProcurement portal submission time will be the official submission time, and partial uploads will automatically terminate, and proposals will be rejected. Contact eProcurement Portal with technical questions regarding this site.

mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/smcgov https://procurement.opengov.com/portal/smcgov https://procurement.opengov.com/portal/smcgov/projects/198362/document?section=1850553

Page 7 of 17 Release date of December 4, 2025

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 four (4) years within the last seven (7) years?*

☐ Yes

☐ 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 https://sam.gov/content/home

Page 8 of 17 Release date of December 4, 2025

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

4.2.1. Introduction and Executive Summary *

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

• Name, title and contact information (email, phone, and address) for representative of proposer that is responsible for communication related to this RFP.

• Name, title, contact information, and signature of person authorized to obligate firm to perform the commitment contained in the proposal.

Submission of the letter will constitute a representation by proposer that it is willing and able to perform the commitments contained in the proposal and has not violated the terms of this RFP.

*Response required

4.2.2. Firm Qualifications *

Attach information regarding background and qualifications, including the following:

• A brief description of the proposer.

• A description of not more than three (3) projects similar in size and scope conducted by the proposer, including the client, reference and telephone numbers, primary staff members involved, budget, schedule, and project summary. Descriptions should be limited to one (1) page for each project.

• If subcontractors are anticipated, identify them (if known) and provide information on how they will be used.

*Response required

4.2.3. Team Qualifications*

Provide a chart identifying:

▪ Project team and reporting structure

▪ Lead project manager

▪ Role each person will play in the project

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

Page 9 of 17 Release date of December 4, 2025

Written assurance that the key individuals listed and identified will be performing the work and will not be substituted or reassigned without the County’s prior approval

*Response required

4.2.4. References*

Provide 2 references for each of the following, including the name, address, and telephone number of recent clients (preferably other public agencies):

*Response required

5. Pricing Proposal

LABOR

Labor rates are Prevailing Wage

Line Item Description Each/Hour Unit Cost

1 Project Manager Per Hour

2 Project Estimator Per Hour

3 Project Coordinator Per Hour

4 General Laborer Per Hour

5 Labor/Trade Foreman Per Hour

6 Truck Driver Per Hour

7 Demolition Technician Per Hour

8 Equipment Operator Per Hour

9 Painter Per Hour

10 Drywall Installer/Finisher Per Hour

11 Carpenter Per Hour

12 Restoration Technician Per Hour

13 Restoration Supervisor Per Hour

14 Dehumidification Technician Per Hour

Page 10 of 17 Release date of December 4, 2025

Line Item Description Each/Hour Unit Cost

15 Mold Technician Per Hour

16 Fire/Smoke Technician Per Hour

17 Hazardous Materials/Asbestos Technician Per Hour

18 Hazardous Materials/Asbestos Supervisor Per Hour

19 Air Quality Monitoring Technician Per Hour

20 Bio-Hazard Clean-up Technician Per Hour

21 Bio-Hazard Clean-up Supervisor Per Hour

22 General Inspector Per Hour

SAMPLE PROJECT PRICING PROPOSAL

Using this project sample, build a cost proposal with the categories identified in the table. The project below is a baseline project scope and understand other factors may require additional labor, equipment and materials. For the purpose of this solicitation, please use the categories listed below. SAMPLE

PROJECT: A water leak was identified by County staff from a 2nd floor plumbing issue. As a result, this caused flooding in three adjacent rooms on the 2nd floor and the rooms directly below. There was water damage in the drywall, floors and carpets that needed to be removed and replaced. Dry-out, mold testing and inspection was required to prepare the space for reconstruction by another contractor.

Line Item Description Quantity Hours/Each Unit Cost Total

1 Labor for three technicians ***include per hour fee for each technician 3 25

2 Equipment and Tools (dehumidifier, vacuum, air mover, containment barrier) ***include flat fee for all equipment listed

1 flat rate

3 Materials and Consumables (flat rate)

**please add $5,000 to the unit cost for the purpose of this sample project

1 flat rate

4 Testing (Lead and Asbestos, 1 test each) 2 per test

Page 11 of 17 Release date of December 4, 2025

Line Item Description Quantity Hours/Each Unit Cost Total

5 Permit and Fees 1 Permit and all fees

TOTAL

6. Evaluation and Selection Criteria

The proposals will be evaluated by a selection committee with relevant expertise. The County intends to evaluate the proposals generally in accordance with the criteria itemized below. Proposers with the highest scoring proposals may be interviewed by the committee to make the final selection.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Firm and Team Qualifications

• Qualifications, knowledge and experience (10pts)

• Organizational resources and staff, apparent ability to meet any required timelines or other requirements

(10pts)

• Experience with other public agencies

(5pts)

• Experience and expertise in handling specific needs of project (5pts)

0-100 Points 30 (30% of Total)

Page 12 of 17 Release date of December 4, 2025

2. Sample Project Pricing Proposal

Using the sample project, weight for evaluation will be based on:

• Labor for three technicians

• Equipment and Tools (dehumidifier, vacuum, air mover, containment barrier)

• Flat rate for Materials and

Consumables of $5,000 for the purpose of the sample project

• Testing (Lead and Asbestos, 1 test each)

• All Permit and Fees

0-100 Points 40 (40% of Total)

3. Labor Rates Fee Structure

A Sample Project will be utilized to calculate overall cost of project using proposer's pricing proposal

0-100 Points 30 (30% of Total)

7. Instructions to Proposers

7.1. Instructions

There will be no pre-proposal conference or site visit for this project.

7.2. 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.

7.3. 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

Page 13 of 17 Release date of December 4, 2025 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.

D. Levine Act DisclosureThe Levine Act (California Government Code Section 84308) imposes certain requirements on parties contracting with the County of San Mateo related to campaign contributions to County “officers,” including elected County officers and candidates seeking elective office, who may participate in making a decision on certain County contracts. Elected

County officers in San Mateo County include: the San Mateo County Board of Supervisors, Assessor-County Clerk-Recorder, County Controller, Coroner, District Attorney, Sheriff, and Tax

Collector-Treasurer.Generally, under current County policy, approval by the Board of

Supervisors is required for any agreement for services above $200,000, and agreements for services below that threshold may be approved by Department heads.If your proposal is selected, you will be required to certify compliance with the Levine Act.As part of this process, you will need to certify and warrant that you have fully complied, and will remain in full compliance, with all applicable requirements of the Levine Act in connection with the

Agreement, including making any required disclosures of campaign contributions to County

Officers, which includes but may not be limited to elected County Officers. Elected County

Officers include members of the San Mateo County Board of Supervisors, as well as the

Assessor-County Clerk-Recorder, Controller, Coroner, District Attorney, Sheriff, and Tax

Collector-Treasurer. Any campaign contribution required to be disclosed under the Levine Act in connection with this Agreement shall be disclosed on the County of San Mateo Levine Act

Disclosure Form, a copy of which is available from the County upon request.Parties are solely responsible for accurate certification and disclosure. The Levine Act is complex, and this brief description is not legal advice. For example, certain contributions must be aggregated when determining whether contributions have exceeded the $500 threshold. If your proposal is selected, you are urged to review the Levine Act and consider consulting an attorney.

Page 14 of 17 Release date of December 4, 2025

7.4. Term

Public Works - Capital Projects is issuing Request for Proposal (RFP) No. 2026-RFP-00084 for On-Call

Emergency Restoration Services.

The agreement shall have a term of five (5) years. The County’s standard contract template has been included with this solicitation. The awarded contractor will be expected to sign an agreement prepared by the County using this template. Please ensure that your firm has completed legal review of these contract terms. If your firm wishes to request exceptions to these standard terms, submit a Contract Exceptions

Request by the Deadline for Questions, Comments and Contract Exceptions listed in the Solicitation

Schedule below. The County will consider Contract Exceptions Requests but reserves the right to reject requested modifications to its standard terms.

8. Terms and Conditions for Receipt of Proposals

8.1. 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.

8.2. 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.

8.3. 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.

8.4. 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.

8.5. 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.

Page 15 of 17 Release date of December 4, 2025

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.

8.6. 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.

8.7. 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.

8.8. 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.

8.9. 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.

8.10. 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

Page 16 of 17 Release date of December 4, 2025

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

8.11. 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.

8.12. 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.

8.13. 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.

9. Protest Procedures

9.1. 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

Page 17 of 17 Release date of December 4, 2025 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.

9.2. 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.

9.3. 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: On-Call Emergency Restoration Services, 2026-RFP-00084 project-field-criterion_id.6449501

File details come from the government source that posted it. Updated .