On-Call Geotechnical Professional and Technical Services for Federally Funded and Non-Federally Funded Projects.pdf

COUNTY OF LOS ANGELES

DEPARTMENT OF PUBLIC WORKS

“To Enrich Lives Through Effective and Caring Service”

900 SOUTH FREMONT AVENUE

ALHAMBRA, CALIFORNIA 91803-1331

Telephone: (626) 458-5100 http://dpw.lacounty.gov

MARK PESTRELLA, Director

ADDRESS ALL CORRESPONDENCE TO:

P.O. BOX 1460

ALHAMBRA, CALIFORNIA 91802-1460

IN REPLY PLEASE

REFER TO FILE: BRC-2

September 24, 2026

REQUEST FOR PROPOSALS

ON-CALL GEOTECHNICAL PROFESSIONAL AND TECHNICAL SERVICES FOR

FEDERALLY FUNDED AND NON-FEDERALLY FUNDED PROJECTS

RFP NUMBER: BRC0000661

Los Angeles County Public Works is requesting proposals from qualified firms to provide on-call geotechnical professional and technical services for federally funded and non-federally funded projects throughout the County.

The deadline to submit proposals is Tuesday, November 10, 2026, at 5:30 p.m.

Proposals received after the deadline will not be accepted. The Contract Analyst is Ms. Loydi Nguyen, Lnguyen@pw.lacounty.gov or (626) 458-2180.

Optional Proposal Conference

A virtual proposal conference to answer questions concerning the project will be held on Tuesday, October 20, 2026, at 2:00 p.m., via Microsoft Teams. Those who wish to attend must click the link that will be posted on the Public Works website for BRC0000661 to join. Public Works recommends attendees are registered on Public Works' website at least 1 hour prior to the conference.

"Do Business with Public Works" Website Mandatory Registration

You are now required to register an account on Public Works "Do Business With Public Works" website in order to view any current solicitation:

https://dpw.lacounty.gov/contracts/opportunities.aspx. Registration is only needed one time. Further you should also register as a plan holder for this specific Request for Proposals (RFP) BRC0000661. Only those firms registered as plan holders for this RFP through the Public Works website will receive automatic notification when any update to this RFP is made. Planholder information is viewable to other registered planholders.

mailto:Lnguyen@pw.lacounty.gov https://dpw.lacounty.gov/contracts/opportunities.aspx https://dpw.lacounty.gov/contracts/opportunities.aspx https://dpw.lacounty.gov/contracts/opportunities.aspx.

Request for Proposals

September 24, 2026

The County does not have an obligation to notify any proposers other than through the Public Works website's automatic notification system.

Very truly yours, MARK PESTRELLA, PE

Director of Public Works

SOO KIM

Division Chief Business Relations and Contracts Division

MM:ln P:\brcdpub\Contracts\Loydi\RFP\GMED\BRC0000661 On-Call Geotechnical Professional and Technical Services\RFP

PUBLIC WORKS

LOS ANGELES COUNTY

REQUEST FOR PROPOSALS

FOR

ON-CALL GEOTECHNICAL PROFESSIONAL AND

TECHNICAL SERVICES AND FEDERALLY FUNDED AND

NON-FEDERALLY FUNDED PROJECTS

(BRC0000661)

TABLE OF CONTENTS

PARAGRAPH PAGE

BRC0000661 RFP P a g e | ii

1.0 SOLICITATION INFORMATION

2.0 INTRODUCTION

3.0 PURPOSE

3.1 Statement of Work (SOW)

3.2 Contract: County Terms and Conditions

4.0 MINIMUM MANDATORY REQUIREMENTS

5.0 COUNTY'S RIGHTS AND RESPONSIBILITIES

5.1 Representations Made Prior to Contract Execution

5.2 Final Contract Award by the Board of Supervisors

5.3 County’s Option to Reject Proposals

5.4 County’s Right to Amend Request for Proposals

5.5 Background and Security Investigations

5.6 Sustainability

6.0 NOTIFICATION TO PROPOSERS

6.1 Public Records Act

6.2 Contact with County Personnel and Code of Silence Period

6.3 Mandatory Requirement to Register on County’s WebVen

6.4 Protest Policy Review Process

6.5 Conflict of Interest

6.6 Determination of Proposer Responsibility

6.7 Proposer Debarment

6.8 Improper Considerations

6.9 County Lobbyist Ordinance

6.10 Consideration of GAIN/START Participants for Employment

6.11 Jury Service Program

6.12 Pending Acquisitions/Mergers by Proposing Company

6.13 Charitable Contributions Compliance

6.14 Defaulted Property Tax Reduction Program

6.15 County’s Commitment to Zero Tolerance Policy on Human Trafficking

6.16 Intentionally Omitted

BRC0000661 RFP P a g e | iii

6.17 Default Method of Payment: Direct Deposit or Electronic Funds Transfer

(EFT)

6.18 Prohibition from Participation in Future Solicitation(s)

6.19 Contribution and Agent Declaration

6.20 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions (45 C.F.R. Part 76)

6.21 Intentionally Omitted

6.22 Countywide Community Workforce Agreement

6.23 Proposals Submitted

6.24 Prevailing Wage

6.25 Appendix D: Federal Contract Provisions

6.26 Preference Program Enterprises (PPEs) - Prompt Payment Program

7.0 DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION

8.0 BUSINESS PROPOSAL REQUIREMENTS AND EVALUATION

8.1 Truth and Accuracy of Representations

8.2 Proposers’ Questions

8.3 Optional Proposers’ Conference

8.4 Preparation of the Proposal

8.5 Business Proposal Requirements and Evaluation Criteria (100 points)

8.6 Firm Offer-Withdrawal of Proposal

8.7 Proposal Submission

9.0 SELECTION PROCESS OVERVIEW

9.1 Pass/Fail Compliance Review

9.2 Selection Process

9.3 Evaluation of Business Proposal

9.4 Informed Averaging Scoring Methodology

9.5 Minimum Threshold Score

9.6 Oral Interviews

9.7 Determination of Highest-Overall Rated Proposer

9.8 Negotiations

10.0 FINANCIAL DOCUMENT REVIEW PROCESS

BRC0000661 RFP P a g e | iv

APPENDICES

A Contract: Identifies the terms and conditions in the contract.

B Required Forms: Exhibits 1-20. Forms that must be completed and included in the proposal.

C Community Workforce Agreement (CWA)

D Federal Contract Provisions

E Background and Resources: California Charities Regulation

STANDARD EXHIBITS

A Statement of Work

B Cost Proposal (10H4 sample cost proposal)

C Community Workforce Agreement

D County's Administration

E Contractor's Administration

F Federal Contract Provisions

G Forms Required at Time of Contract Execution

G1 Contractor Acknowledgement and Confidentiality Agreement

G2 Letter of Assent

G3 Certification Regarding Lobbying (Attachment 1-Exhibit F)

BRC0000661 RFP P a g e | 1

1.0 SOLICITATION INFORMATION

1 RFP Release Date September 24, 2026

2 RFP Contact Ms. Loydi Nguyen, Contract Analyst, Lnguyen@dpw.lacounty.gov

3 Bid Express Registration Deadline October 27, 2026

BidExpress portal link for vendor account registration https://www.infotechinc.com/bidexpress/

4 Optional Virtual Proposer’s Conference

October 20, 2026 @ 2 p.m.

5 Minimum Mandatory Requirements Please refer to Paragraph 4.0, Minimum Mandatory Requirements of the RFP.

6 Written Questions Due October 27, 2026

7 Proposals Due November 10, 2026

8 Number of Contract(s) Award Two firms as indicated in Paragraph 2.1.

9 Contract Term Three years with two 1-year option extension; maximum term is 5 years.

• Read the entire RFP for more information

• The dates are subject to change at the County’s discretion

• Registration is mandatory on Public Works "Do Business With Public Works" website to receive notification updates to this RFP https://www.infotechinc.com/bidexpress/

BRC0000661 RFP P a g e | 2

2.0 INTRODUCTION

THIS REQUEST FOR PROPOSALS IS A QUALIFICATIONS-BASED SOLICITATION.

2.1 The County of Los Angeles (County) Public Works (Department) is issuing this Request for Proposals (RFP) to solicit proposals for a contract with an organization that can provide on-call geotechnical professional and technical services for federally funded and non-federally funded projects.

2.2 The objective of this solicitation is to select two firms that are best qualified to provide the requested services.

2.3 Titles, captions and headings contained in this solicitation are inserted as a matter of convenience and for reference and are not intended and must not be deemed or construed to define, limit, extend or otherwise describe the scope or any provision of this solicitation.

3.0 PURPOSE

3.1 Statement of Work (SOW)

Contractor will be expected to implement the requirements outlined in Exhibit A (SOW) of Appendix A (Contract) of this RFP.

3.2 Contract: County Terms and Conditions

Contractor will be expected to implement the requirements outlined in Appendix A (Contract) of this RFP.

3.2.1 Contract Sum

3.2.1.1 Each selected Contractor will be awarded an aggregate not-to-exceed program amount of $5,000,000.

3.2.1.2 All services performed by all firms awarded Agreements resulting from this solicitation shall be collectively referred to herein as the "Program." The total, aggregate, not-to-exceed amount for the Program is $5,000,000.

3.2.1.3 The County may allocate the Program amount across any or all resultant Agreements that are awarded by the County at the County's sole and absolute discretion.

3.2.1.4 The County does not warranty or represent that all, or any portion, of the Program amount will be authorized, allocated, or expended by the County; nor does the County warranty or represent that it will authorize any selected firm to perform any work or services of any monetary amount.

3.2.2 Contract Term

Following successful negotiations, formal award of the Contract, and full execution by all parties, the County will issue a Notice to Proceed

BRC0000661 RFP P a g e | 3 authorizing the Contractor to commence on-call geotechnical professional and technical services as specified in this RFP

3.2.3 The initial term of this Contract will be three (3) years, commencing on the date of full execution of the Contract and subsequent award by the Board of Supervisors. The County reserves the right, at its sole discretion, to extend the Contract for up to two (2) additional one-year periods. The maximum total Contract term will not exceed five (5) years. No work will begin until the County has issued a Notice to Proceed.

3.2.4 County may authorize unforeseen additional services and extend the contract expiration date as necessary to complete those services when the unforeseen additional services are directly related to the initial scope of work and are necessary for the completion of a given project.

3.2.5 Compensation

3.2.5.1 The Contractor’s rates will remain firm and fixed for the term of the contract.

3.2.5.2 County will not pay a mark-up on proposal amounts (hourly rates and/or lump sum) for the services of any subcontractors that were included in Contractor’s original proposal. Public Works will not pay a mark-up on proposal amounts (hourly rates and/or lump sum) for the services of any Contractor employee or subcontractor that were included in Contractor’s original proposal if the selected employee or subcontractor is no longer available at the time of selection to provide services during the duration of the Contract. Contractor must have prior written permission from Public Works to use any subcontractors not included in the Contractor‘s original proposal.

The County will not pay a mark-up on the reproduction of any reports generated from the services listed in the RFP.

3.2.5.3 Invoices shall include a detailed backup for work completed and all authorized reimbursable expenses incurred.

3.2.5.4 County will not pay a mark-up on proposal amounts (hourly rates and/or lump sum) for the services of any subcontractors that were included in the Contractor's original proposal.

Public Works will not pay a mark-up on proposal amounts (hourly rates and/or lump sum) for the services of any Contractor employee or subcontractors that were included in Contractor's original proposal if the selected employee or subcontractors is no longer available at the time of selection to provide services during the duration of the Contract.

Contractor must have prior written permission from Public Works to use any subcontractors not included in Contractor's

BRC0000661 RFP P a g e | 4

3.2.5.5 A Cost of Living Adjustment will not be granted.

3.2.6 Days of Operation

The Contractor will be required to provide on-call geotechnical professional and technical services for federally funded and non-federally funded projects. The Contractor may be required to provide services on County-recognized holidays.

3.2.7 Management of the Contractor

The Contractor will take all formal direction from the County Project Manager who is assigned to administer the Contract operations for the Contract.

3.2.8 County’s Ownership of Materials and Equipment

All services provided by the Contractor, and all materials, documents, reports, and other information of all types, including computer models developed by the Contractor for the project, and all works based thereon, incorporated therein, or derived therefrom, and all intellectual property and proprietary rights in these materials, documents, reports, and other information of all types, shall be the sole and exclusive property of the

County.

3.2.9 Indemnification and Insurance

Contractor will be required to comply with the provisions contained in Paragraph 8.23 (Indemnification) of Appendix A (Contract). The Contractor must procure, maintain, and provide to the County proof of insurance coverage for all the programs of insurance along with associated amounts specified in Paragraph 8.24 (General Provisions for all Insurance Coverage) and Paragraph 8.25 (Insurance Coverage) of Appendix A (Contract).

3.2.10 Proposer must complete the Proposer's Insurance Compliance Affirmation (Exhibit 14) and include it in Section E (Business Proposal Required Forms). The affirmation must cover both the Prime and subcontractors.

4.0 MINIMUM MANDATORY REQUIREMENTS

Interested and qualified Proposers that can demonstrate their ability and qualifications to successfully provide the required services outlined in Exhibit A (SOW) of Appendix A (Contract) are invited to submit a proposal(s), provided the firm submitting the proposal meets the following minimum mandatory requirements at the time of proposal submission.

If the Proposer is submitting as a Joint Venture firm, each entity within the Joint Venture shall meet all of the minimum mandatory requirements. Proposers must demonstrate compliance with all Minimum Mandatory Requirements at the time of proposal https://lacounty.gov/government/about-la-county/about/

BRC0000661 RFP P a g e | 5 submission; failure to meet any applicable requirement may result in the proposal being deemed non-responsive:

4.1 If Proposer's compliance with a County contract has been reviewed by the Department of the Auditor-Controller (A-C) within the last 10 years, Proposer must not have unresolved questioned costs identified by the A-C, in an amount over $100,000, that are confirmed to be disallowed costs by the contracting County department, and remain unpaid for a period of six months or more from the date of the A-C Report, unless such disallowed costs are the subject of current good faith negotiations to resolve the disallowed costs, in the opinion of the County.

4.2 Proposal must be submitted by the proposal due date and time identified in Paragraph 1.0 (Solicitation Information).

4.3 Proposer's (Prime firm) direct employees shall collectively possess a valid and active California-issued Professional Engineer license (P.E.), Geotechnical Engineer license (G.E.), Professional Geologist license (P.G.), and a Certified Engineering Geologist license (C.E.G.).

4.4 Proposer and/or subcontractor must have three years’ experience, within the last 10 years providing geotechnical services as outlined in Exhibit A (SOW) of Appendix A (Contract).

4.5 Proposer must meet the "Local Office, Travel, and Markup" requirements. Proof must be attached with Required Forms – Exhibit 8.

4.6 The Proposer has met the requirements of Paragraph 9.1, Pass/Fail Compliance Review.

5.0 COUNTY'S RIGHTS AND RESPONSIBILITIES

5.1 Representations Made Prior to Contract Execution

The County is not responsible for representations made by any of its officers or employees prior to the execution of the contract unless such understanding or representation is included in the contract.

5.2 Final Contract Award by the Board of Supervisors

Notwithstanding a recommendation of a Department, agency, individual, or other, the Board retains the right to exercise its judgment concerning the selection of a proposal and the terms of any resultant agreement, and to determine which proposal best serves the interests of the County. The Board is the ultimate decision-making body and makes the final determinations necessary to arrive at a decision to award, or not award, a contract.

5.3 County’s Option to Reject Proposals

Proposers are hereby advised that this RFP is a solicitation for proposals only, and is not intended, and is not to be construed as, an offer to enter into a contract or as a promise to engage in any formal competitive bidding or negotiations pursuant to any statute, ordinance, rule, or regulation. The County may, at its sole discretion, BRC0000661 RFP P a g e | 6 reject any or all proposals submitted in response to this RFP or may, in its sole discretion, reject all proposals and cancel this RFP in its entirety. The County will not be liable for any costs incurred by the Proposer in connection with the preparation and submission of any proposal. The County reserves the right to waive inconsequential disparities in a submitted proposal.

5.4 County’s Right to Amend Request for Proposals

The County has the right to amend the RFP by written addendum. The County is responsible only for that which is expressly stated in the solicitation document and any authorized written addenda thereto. Such addendum will be made available to each person or organization which County records indicate has received this RFP.

Should such addendum require additional information not previously requested, failure to address the requirements of such addendum may result in the proposal being found non-responsive and not being considered, as determined in the sole discretion of the County. The County is not responsible for and will not be bound by any representations otherwise made by any individual acting or purporting to act on its behalf.

5.5 Background and Security Investigations

Background and security investigations of Contractor’s staff may be required at the discretion of the County as a condition of beginning and continuing work under any resulting contract. The cost of background checks is the responsibility of the Contractor.

5.6 Sustainability

The County is committed to the principles of sustainable development. The County Board of Supervisors has adopted the use of Envision as a standard for all County infrastructure projects to achieve sustainable development. When applicable, the Contractor understands and agrees that the County will require the use of the Institute for Sustainable Infrastructure’s Envision Sustainable Infrastructure Rating System on projects associated with this contract.

6.0 NOTIFICATION TO PROPOSERS

6.1 Public Records Act

6.1.1 Responses to this solicitation will become the exclusive property of the County. Absent extraordinary circumstances, the recommended Proposer's proposals will become public records when:

1) Contract negotiations are complete; and

2) The Department receives a letter from the recommended Proposer's authorized officer confirming that the negotiated contract constitutes the firm offer of the recommended Proposer, which will not be revoked pending completion of the protest process outlined in this RFP and approval by the Board of Supervisors.

BRC0000661 RFP P a g e | 7

Notwithstanding the above, absent extraordinary circumstances, all proposals will become a matter of public records when the Department’s recommendation appears on the Board agenda. Exceptions to disclosure are those parts or portions of all proposals that are justifiably defined as business or trade secrets and clearly marked “Trade Secret,” “Confidential,” or “Proprietary.”

6.1.2 The County will not, in any way, be liable or responsible for the disclosure of any such record or any parts thereof, if disclosure is required or permitted under the California Public Records Act or otherwise by law. A blanket statement of confidentiality or the marking of each page of the proposal as confidential will not be deemed sufficient notice of exception.

The Proposers must specifically label only those provisions of their respective proposal which are "Trade Secrets", "Confidential", or "Proprietary", in nature.

6.1.3 In the event the County is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of a proposal marked "Confidential", "Trade Secrets", or "Proprietary", Proposer agrees to defend and indemnify County from all costs and expenses, including reasonable attorneys' fees, incurred in connection with any action, proceedings, or liability arising in connection with the Public Records Act request.

6.2 Contact with County Personnel and Code of Silence Period

All contact regarding this RFP or any matter relating thereto must be in writing, and e-mailed to the Contract Analyst listed in Paragraph 1.0 (Solicitation Information).

If it is discovered that Proposer contacted and received information from any County personnel, other than the person specified above, regarding this solicitation, County, in its sole determination, may disqualify their proposal from further consideration. This prohibition of contacting other County personnel, unless otherwise approved in writing and directed by Contract Analyst, as of the issue date of this RFP and continuing until the date of award of Contract(s) will be referred to as the Code of Silence period.

6.3 Mandatory Requirement to Register on County’s WebVen

Prior to a contract award, all potential Contractors must register in the County’s WebVen. WebVen contains the vendor’s business profile and identifies the goods/services the business provides. Registration can be accomplished online via the Internet by accessing the County’s home page at:

http://camisvr.co.la.ca.us/webven/

6.4 Protest Policy Review Process

6.4.1 The County will handle and process any and all protests in connection with this RFP according to the County of Los Angeles Contracting Manual, Countywide Construction Contracting Policy Guidelines, No. P-05-04, http://camisvr.co.la.ca.us/webven/

BRC0000661 RFP P a g e | 8

"Bid Protests", dated March 31, 2003. Proposers who wish to file a protest shall do so in accordance with the requirements specified in Construction Contracting Policy Guideline No. P-05-04, which can be found at http://dpw.lacounty.gov/general/bids/BidProtests.pdf

6.4.2 Policy Overview

The County of Los Angeles will process bid protests in a timely and consistent manner to assure that all prospective contractors are accorded fair and equal consideration for the award of County contracts.

6.4.3 Purpose and Scope

The purpose of this Policy Guideline is to convey the County’s general course of action for addressing bid protests asserted by prospective contractors. This guideline will address the administrative guidelines for protests arising from the acquisition of construction and construction-related services under both the Invitation for Bid (IFB) and Request for Proposal (RFP) methods of solicitation.

6.4.4 Application and Responsibility

This Policy Guideline applies to all County departments involved in the contractor selection process for construction and construction-related contracts.

6.4.5 Policy Guidelines

6.4.5.1 Introduction. Protests received by the County before

contract award shall be immediately forwarded to the contract analyst issuing the IFB or RFP. The contract analyst will prepare a written response, reviewed by County Counsel if necessary, and approved by the department/agency head or his/her designee.

6.4.5.2 Timely Filing. The protest of a likely contract award to the apparent lowest bidder (IFB) or best-qualified firm or contractor (RFP) must be made prior to contract award.

Untimely notice will not serve the interests of either party.

Protests should be received by the County at the earliest practical time. For this solicitation, the deadline to submit the protest is five business days from the debriefing meeting with Contract Analyst or five business days from the receipt of selection notification, whichever is later.

6.4.5.3 Post-Award Protests. With respect to protests received after contract award, the County will not suspend contract performance or terminate the awarded contract unless so directed by the Board.

6.4.5.4 Protest Format. The protesting party’s protest should reference all pertinent County, State, Federal, or local laws or http://dpw.lacounty.gov/general/bids/BidProtests.pdf

BRC0000661 RFP P a g e | 9 regulations that are relied upon in support of the protest. Any documents relevant to the protest should be submitted. The County, at its discretion, may decide the protest without requesting further submittal(s) from the party submitting the protest. Thus, the initial protest should include all matters that the party wishes the County to consider in deciding the protest outcome. Such matters include, but are not limited to, the following:

(1) The name and address of the party and its relationship to the procurement.

(2) Identification of the proposed project or contract.

(3) Description of the nature of the protest.

(4) Identification of the provision(s) of the solicitation, regulations, or laws upon which the protest is based (i.e., identification of the technical specifications or item of content in the IFB/RFP).

(5) Copies of all (or any) documentation supporting the allegations in the protest.

(6) Statement of the specific relief requested.

6.4.5.5 Protest Submittal. The best interests of the parties are served if the protest is (1) filed with the contract analyst, (2) filed in a timely fashion, and (3) filed in the format and detail described in Protest Format above. A contractor may also appear in person before the Board. The Board, acting in the best interests of the County, may decide to continue with the award and acquisition subject to resolution of the protest.

6.4.5.6 Protest Remedies. A decision by the responsible official will be made based on the merits of the protest. A written response will be provided by the County and all findings and specified remedies will be considered final. The Board may suspend a contract upon a finding that the protest has merit and is based on solid legal principles.

6.4.5.7 Authority for Administration of Protests. The responsible official may assign contract analysts to conduct the administrative processing of protests filed with the County.

Assigned contract analysts shall be responsible for proper distribution of protest submittals and responses, coordination of staff evaluation of the protest, compliance with the time limits stated herein, and maintenance of all documents related to the protest. The responsible official shall request County Counsel to review and advise the contract analyst concerning any legal issues involved in protests.

BRC0000661 RFP P a g e | 10

6.5 Conflict of Interest

No County employee whose position in the County enables them to influence the selection of a Contractor for this RFP, or any competing RFP, nor any spouse or economic dependent of such employees, will be employed in any capacity by a Proposer or have any other direct or indirect financial interest in the selection of a Contractor. Proposer must certify that they are aware of and have read Section

2.180.010 of the Los Angeles County Code as stated in Exhibit 2 (Certification of Compliance) of Appendix B (Required Forms).

6.6 Determination of Proposer Responsibility

6.6.1 A responsible Proposer is a Proposer who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. It is the County’s policy to conduct business only with responsible proposers.

6.6.2 Proposers are hereby notified that, in accordance with Chapter 2.202 of the County Code, the County may determine whether the Proposer is responsible based on a review of the Proposer’s performance on any contracts, including but not limited to County contracts. Particular attention will be given to violations of labor laws related to employee compensation and benefits, and evidence of false claims made by the Proposer against public entities. Labor law violations which are the fault of the subcontractors and of which the Proposer had no knowledge must not be the basis of a determination that the Proposer is not responsible.

6.6.3 The County may declare a Proposer to be non-responsible for purposes of this Contract if the Board, in its discretion, finds that the Proposer has done any of the following: 1) violated a term of a contract with the County or a nonprofit corporation created by the County; 2) committed an act or omission which negatively reflects on the Proposer’s quality, fitness or capacity to perform a contract with the County, any other public entity, or a nonprofit corporation created by the County, or engaged in a pattern or practice which negatively reflects on same; 3) committed an act or omission which indicates a lack of business integrity or business honesty;

or 4) made or submitted a false claim against the County or any other public entity.

6.6.4 If there is evidence that the apparent highest ranked Proposer may not be responsible, the Department will notify the proposer in writing of the evidence relating to the Proposer’s responsibility, and its intention to recommend to the Board that the Proposer be found not responsible. The Department will provide the Proposer and/or the Proposer’s representative with an opportunity to present evidence as to why the Proposer should be found to be responsible and to rebut evidence which is the basis for the Department’s recommendation.

6.6.5 If the Proposer presents evidence in rebuttal to the Department, the Department will evaluate the merits of such evidence, and based on that https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT2AD_DIV4MIRE_CH2.180COCUFOCOEM_2.180.010CECOPR https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT2AD_DIV4MIRE_CH2.180COCUFOCOEM_2.180.010CECOPR https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT2AD_DIV4MIRE_CH2.202DECONSPCODE https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT2AD_DIV4MIRE_CH2.202DECONSPCODE

BRC0000661 RFP P a g e | 11 evaluation, make a recommendation to the Board of Supervisors. The final decision concerning the responsibility of the Proposer will reside with the Board.

6.6.6 These terms will also apply to proposed Subcontractors of Proposers on County contracts.

6.7 Proposer Debarment

6.7.1 The Proposer is hereby notified that, in accordance with Chapter 2.202 of the County Code, the County may debar the Proposer from bidding or proposing on, or being awarded, and/or performing work on other County contracts for a specified period of time, which generally will not exceed five (5) years but may exceed five (5) years or be permanent if warranted by the circumstances, and the County may terminate any or all of the Proposer’s existing contracts with County, if the Board finds, in its discretion, that the Proposer has done any of the following: 1) violated a term of a contract with the County or a nonprofit corporation created by the County; 2) committed an act or omission which negatively reflects on the Proposer’s quality, fitness or capacity to perform a contract with the County, any other public entity, or a nonprofit corporation created by the County, or engaged in a pattern or practice which negatively reflects on same; 3) committed an act or offense which indicates a lack of business integrity or business honesty; or 4) made or submitted a false claim against the County or any other public entity. These terms will also apply to proposed Subcontractors of Proposers on County contracts.

6.7.2 A listing of Contractors that are currently on the Debarment List for Los Angeles County may be obtained on the following website:

https://doingbusiness.lacounty.gov/listing-of-contractors-debarred-in-los-angeles-county/.

6.8 Improper Considerations

6.8.1 Attempt to Secure Favorable Treatment

It is improper for any County officer, employee, or agent to solicit consideration, in any form, from a Proposer with the implication, suggestion or statement that the Proposer’s provision of the consideration may secure more favorable treatment for the Proposer in the award of the contract or that the Proposer’s failure to provide such consideration may negatively affect the County’s consideration of the Proposer’s submission.

A Proposer must not offer or give either directly or through an intermediary, consideration, in any form, to a County officer, employee, or agent for the purpose of securing favorable treatment with respect to the award of the contract.

https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT2AD_DIV4MIRE_CH2.202DECONSPCODE https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT2AD_DIV4MIRE_CH2.202DECONSPCODE https://doingbusiness.lacounty.gov/listing-of-contractors-debarred-in-los-angeles-county/ https://doingbusiness.lacounty.gov/listing-of-contractors-debarred-in-los-angeles-county/

BRC0000661 RFP P a g e | 12

6.8.2 Form of Improper Consideration

Among other items, such improper consideration may take the form of cash, discounts, services, the provision of travel or entertainment, or tangible gifts.

6.8.3 Notification to County

A Proposer must immediately report any attempt by a County officer, employee, or agent to solicit such improper consideration. The report must be made to the Los Angeles County Fraud Hotline at (800) 544 6861, fraud@auditor.lacounty.gov or https://fraud.lacounty.gov/. Failure to report such a solicitation may result in the Proposer’s submission being eliminated from consideration.

6.9 County Lobbyist Ordinance

The County has enacted an ordinance regulating the activities of persons who lobby County officials. This ordinance, referred to as the "Lobbyist Ordinance", defines a County Lobbyist and imposes certain registration requirements upon individuals meeting the definition. The complete text of the ordinance can be found in County Code Chapter 2.160. In effect, each person, corporation or other entity that seeks a County permit, license, franchise or contract must certify compliance with the ordinance. As part of this solicitation process, it will be the responsibility of each Proposer to review the ordinance independently as the text of said ordinance is not contained within this RFP. Thereafter, each person, corporation or other entity submitting a response to this solicitation, must certify that each County Lobbyist, as defined by Los Angeles County Code Section 2.160.010, retained by the Proposer is in full compliance with Chapter 2.160 of the Los Angeles County Code and each such County Lobbyist is not on the Executive Office’s List of Terminated Registered Lobbyists.

6.10 Consideration of GAIN/START Participants for Employment

6.10.1 As a threshold requirement for consideration for contract award, Proposers must demonstrate a proven record of hiring participants in the County’s Department of Public Social Services Greater Avenues for Independence (GAIN) or Skills and Training to Achieve Readiness for Tomorrow (START) Programs or must attest to a willingness to consider GAIN/START participants for any future employment openings if they meet the minimum qualifications for that opening. Proposers must attest to a willingness to provide employed GAIN/START participants access to the Proposers’ employee mentoring program, if available, to assist these individuals in obtaining permanent employment and/or promotional opportunities.

6.10.2 Proposers who are unable to meet this requirement will not be considered for contract award. Proposers must submit a completed Exhibit 2 (Certification of Compliance) of Appendix B (Required Forms), along with their proposal.

mailto:fraud@auditor.lacounty.gov https://fraud.lacounty.gov/ https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT2AD_DIV4MIRE_CH2.160COLO https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT2AD_DIV4MIRE_CH2.160COLO_2.160.010DE https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT2AD_DIV4MIRE_CH2.160COLO_2.160.010DE https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT2AD_DIV4MIRE_CH2.160COLO_2.160.010DE https://dpss.lacounty.gov/en/jobs.html https://dpss.lacounty.gov/en/jobs.html https://dpss.lacounty.gov/en/jobs.html

BRC0000661 RFP P a g e | 13

6.11 Jury Service Program

6.11.1 The prospective contract is subject to the requirements of the County’s Contractor Employee Jury Service Ordinance (“Jury Service Program”) (Los Angeles County Code, Chapter 2.203). Prospective Contractors should carefully review Paragraph 8.8 (Compliance with the County’s Jury Service Program) of Appendix A (Contract), both of which are incorporated by reference into and made a part of this RFP. The Jury Service Program applies to both Contractors and their Subcontractors.

Proposals that fail to comply with the requirements of the Jury Service Program will be considered non-responsive and excluded from further consideration.

6.11.2 Contractor must certify compliance with County’s Contractor Employee Jury Service Ordinance in Exhibit 2 (Certification of Compliance) of Appendix B (Required Forms). If a Contractor does not fall within the Jury Service Program’s definition of “Contractor” or if it meets any of the exceptions to the Jury Service Program, then the Contractor must so indicate in Exhibit 2 (Certification of Compliance) of Appendix B (Required Forms) and include with its submission all necessary documentation to support the claim such as tax returns or a collective bargaining agreement, if applicable. Upon reviewing the Contractor’s application, the County will determine, in its sole discretion, whether the Contractor falls within the definition of Contractor or meets any of the exceptions to the Jury Service Program. The County’s decision will be final.

6.12 Pending Acquisitions/Mergers by Proposing Company

The Proposer must notify the County of any pending acquisitions/mergers of its company unless otherwise legally prohibited from doing so. If the Proposer is restricted from legally notifying the County of pending acquisitions/mergers, then it should notify the County of the actual acquisitions/mergers as soon as the law allows and provide to the County the legal framework that restricted it from notifying the County prior to the actual acquisitions/mergers. This information must be provided by the Proposer in Exhibit 1 (Organization Questionnaire/Affidavit) of Appendix B (Required Forms). Failure of the Proposer to provide this information may eliminate its proposal from any further consideration. Proposer will have a continuing obligation to notify the County and update any changes to its response in Exhibit 1 (Organization Questionnaire/Affidavit) of Appendix B (Required Forms) during the solicitation.

6.13 Charitable Contributions Compliance

6.13.1 California’s “Supervision of Trustees and Fundraisers for Charitable Purposes Act” regulates receiving and raising charitable contributions.

Among other requirements, those subject to the Charitable Purposes Act must register with the Registry of Charitable Trusts, which is maintained by the California Attorney General’s Office. The 2004 Nonprofit Integrity Act, as approved and codified in California Government Code, Sections https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT2AD_DIV4MIRE_CH2.203COEMJUSE_2.203.070EX

BRC0000661 RFP P a g e | 14

12580-12599.10, increased Charitable Purposes Act requirements.

Prospective Contractors should carefully read Appendix D (Background and Resources: California Charities Regulation). These rules cover California public benefit corporations, unincorporated associations, and trustee entities and may include similar foreign corporations doing business or holding property in California. The Nonprofit Integrity Act contains substantive requirements affecting executive compensation, fund-raising practices and documentation. Charities with over two million dollars ($2,000,000) of revenues (excluding funds that must be accounted for to a governmental entity) also have specific audit requirements.

6.13.2 All prospective Contractors must determine if they receive or raise charitable contributions which subject them to the Charitable Purposes Act and complete the certification form attached as Exhibit 2 (Certification of Compliance) in Appendix B (Required Forms). A completed Exhibit 2 (Certification of Compliance) of Appendix B (Required Forms) is a required part of any agreement with the County.

6.13.3 Prospective County Contractors that do not complete Exhibit 2 (Certification of Compliance) of Appendix B (Required Forms) as part of the solicitation process may, in the County’s sole discretion, be disqualified from contract award. A County Contractor that fails to comply with its obligations under the Charitable Purposes Act is subject to either contract termination or debarment proceedings or both. (County Code Chapter 2.202).

6.14 Defaulted Property Tax Reduction Program

6.14.1 The prospective contract is subject to the requirements of the County’s Defaulted Property Tax Reduction Program (“Defaulted Tax Program”), (Los Angeles County Code, Chapter 2.206). Prospective Contractors should reference the pertinent provisions in Paragraph 8.51 (Warranty of Compliance with County’s Defaulted Property Tax Reduction Program) and 8.52 (Termination for Breach of Warranty to Maintain Compliance with County’s Defaulted Property Tax Deduction Program) of Appendix A (Contract), both of which are incorporated by reference into and made a part of this solicitation. The Defaulted Tax Program applies to both Contractors and their Subcontractors.

6.14.2 Proposers will be required to certify that they are in full compliance with the provisions of the Defaulted Tax Program and must maintain compliance during the term of any contract that may be awarded pursuant to this solicitation or must certify that they are exempt from the Defaulted Tax Program by completing Exhibit 2 (Certification of Compliance) in Appendix B (Required Forms). Failure to maintain compliance, or to timely cure defects, may be cause for termination of a contract or initiation of debarment proceedings against the non-compliant Contractor (Los Angeles County Code, Chapter 2.202).

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=3.&title=2.&part=2.&chapter=6.&article=7 https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT2AD_DIV4MIRE_CH2.202DECONSPCODE https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT2AD_DIV4MIRE_CH2.202DECONSPCODE https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT2AD_DIV4MIRE_CH2.206DEPRTAREPRhttps://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT2AD_DIV4MIRE_CH2.206DEPRTAREPR https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT2AD_DIV4MIRE_CH2.202DECONSPCODE https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT2AD_DIV4MIRE_CH2.202DECONSPCODE

BRC0000661 RFP P a g e | 15

6.14.3 Proposals that fail to comply with the certification requirements of the Defaulted Tax Program will be considered non-responsive and excluded from further consideration.

6.15 County’s Commitment to Zero Tolerance Policy on Human Trafficking

6.15.1 On October 4, 2016, the County approved a motion taking significant steps to protect victims of human trafficking by establishing a zero-tolerance policy on human trafficking. The policy prohibits Contractors engaged in human trafficking from receiving contract awards or performing services under a County contract.

6.15.2 Contractors are required to complete Exhibit 2 (Certification of Compliance) in Appendix B (Required Forms), certifying that they are in full compliance with the County’s Zero Tolerance Policy on Human Trafficking provision as defined in Paragraph 8.54 (Compliance with County’s Zero Tolerance Policy on Human Trafficking) of Appendix A (Contract). Further, Contractors are required to comply with the requirements under said provision for the term of any contract awarded pursuant to this solicitation.

6.16 Intentionally Omitted

6.17 Default Method of Payment: Direct Deposit or Electronic Funds Transfer

(EFT)

6.17.1 The County, at its sole discretion, has determined that the most efficient and secure default form of payment for goods and/or services provided under an agreement/contract with the County must be Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by the Auditor-Controller (A-C).

6.17.2 Upon contract award or at the request of the A-C and/or the contracting department, the Contractor must submit a direct deposit authorization request with banking and vendor information, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.

6.17.3 Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or direct deposit will supersede this requirement with respect to those payments.

6.17.4 Upon contract award or at any time during the duration of the agreement/ contract, a Contractor may submit a written request for an exemption to this requirement. The A-C, in consultation with the contracting department(s), will decide whether to approve exemption requests.

6.18 Prohibition from Participation in Future Solicitation(s)

The County Board of Supervisors has adopted a countywide policy that prohibits any person, or any firm or any subsidiary of a firm (collectively "firm") from

BRC0000661 RFP P a g e | 16 submitting a bid or proposal in any County solicitation process where the person or firm, assisted in the development or preparation of the solicitation document(s).

A Proposer, or a Contractor or its subsidiary or Subcontractor (“Proposer/Contractor”), is prohibited from submitting a bid or proposal in a County solicitation if the Proposer/Contractor has provided advice or consultation for the solicitation. A Proposer/Contractor is also prohibited from submitting a bid or proposal in a County solicitation if the Proposer/Contractor has developed or prepared any of the solicitation materials on behalf of the County. A violation of this provision will result in the disqualification of the Proposer/Contractor from participation in the County solicitation or the termination or cancellation of any resultant County contract. (Los Angeles County Code, Chapter 2.202).

6.19 Contribution and Agent Declaration

Government Code Section 84308 requires a party to a contract proceeding to disclose any contribution of more than $500 made to a County officer within the preceding twelve (12) months by the party or their agent. State regulations require this disclosure to be made at the time an application is filed, and, if a contribution is made during the contract proceeding, within 30 days of making a contribution or on the date on which the party first appears before or communicates with the agency regarding the proceeding after making the contribution, whichever is earliest. All Proposers are advised that they and all of their Subcontractors must complete and return as part of the proposal, the Contribution and Agent Declaration included in Exhibit 9 (Contribution and Agent Declaration Form) of Appendix B (Required Forms). Proposers are further advised that they and their Subcontractors must update the Contribution and Agent Declaration Form throughout the pendency of the solicitation if a contribution is made after the initial disclosure when the proposal is submitted, and as requested at any time by the County prior to contract award. Failure by the Proposer or any Subcontractor(s) to complete and submit the required Contribution and Agent Declaration Form in Exhibit 9, and failure by the Proposer or any Subcontractor(s) to update the declaration as required by law or as otherwise requested by the County, may eliminate the proposal from further consideration and/or the Proposer may be disqualified from a contract award, as determined in the County’s sole discretion.

Further, all Proposers and their Subcontractors are prohibited under Government Code Section 84308 from making a contribution of more than $500 to a County officer for twelve (12) months after the date a final decision is made in the contract proceeding involving this solicitation.

6.20 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions (45 C.F.R. Part 76)

6.20.1 Pursuant to federal law, the County is prohibited from contracting with parties that are suspended, debarred, ineligible, or excluded, or whose principals are suspended, debarred, or excluded from securing federally funded contracts. At the time of Proposer’s response to this RFP, Proposer must submit a certification, as set forth in Exhibit 16 (Certification https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT2AD_DIV4MIRE_CH2.202DECONSPCODE https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=84308.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=84308.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=84308.

BRC0000661 RFP P a g e | 17

Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

– Lower Tier Covered Transactions [45 C.F.R. Part 76]) in Appendix B (Required Forms), attesting that neither it, as an organization, nor any of its owners, officers, partners, directors, or other principals are currently suspended, debarred, ineligible, or excluded from securing federally funded…