Request_for_Proposals_(RFP)_for_Operating_and_Managing_the_Pescadero_Transfer_Station_(Addendum_#2_Revision).pdf

County of San Mateo

Request for Proposals (RFP) for Request for Proposals

(RFP) for Operating and Managing the Pescadero Transfer

Station

Sustainability

RFP No. 2024-RFP-00262

RFP Contact: Kevin O'Brien kobrien@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

San Mateo County seeks qualified proposals from firms to operate the Pescadero Transfer Station and

Materials Recovery Facility (Pescadero TS/MRF) for a term of five (5) years. In addition, the County shall have the option to extend the agreement term for one (1) or more periods, each up to one (1) year, for a maximum of three (3) additional years, under the same terms and conditions. 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.

Sustainability Department is issuing Request for Proposal (RFP) No. 2024-RFP-00262 for Operating and

Managing the Pescadero Transfer Station and Materials Recovery Facility (TS/MRF) The required tasks include:

1. Collection and Handling of Materials

2. Transport of Materials

3. Maintenance

4. Compliance

5. Customer Service

6. Emergency Response

1.2. Background

The purpose of this Request for Proposal (RFP) is to solicit Proposals from qualified firms (Proposer) to operate the Pescadero TS/MRF. The County is issuing this RFP for the continued operation of the transfer station, to expand its focus as a resource recovery facility, to reduce the County’s subsidy of the operation of the facility, and to make site improvements that will result in the most efficient operations possible.

The County of San Mateo (County), established on April 19, 1856, is located between San Francisco and

Santa Clara counties, and covers approximately 531 square miles. The western boundary of the County borders the Pacific Ocean. This part of the County is still primarily a rural agricultural area.

The Pescadero TS/MRF is a permitted limited volume transfer station operation located off Bean Hollow

Road in the South Coastal Area of San Mateo County. The facility is owned by the County, which was established in 1980 to replace the Pescadero Landfill that closed in 1986. Figure 1 shows the location of

Pescadero Transfer Station within San Mateo County, and Figure 2 shows the aerial view of the site.

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Figure 1. Pescadero Transfer Station and San Mateo County Map

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Figure 2. Aerial View of the Pescadero Transfer Station

1.3. Contact Information

Kevin Lu Sustainability Specialist Email: khlu@smcgov.org Phone: (650) 363-4698

Department:

Sustainability

Department Head:

Carolyn Bloede Director mailto:khlu@smcgov.org tel:(650)363-4698

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1.4. Timeline

RFP Released September 25, 2024

Pre-Proposal Meeting (Non-Mandatory) October 8, 2024, 11:00am https://smcgov.zoom.us/j/87695411793

In-Person Site Visit at Pescadero Transfer

Station

October 11, 2024, 11:00am

Pescadero Transfer Station - 921 Bean Hollow Rd, Pescadero, CA 94060

Deadline for Questions, Comments and

Contract Exceptions

November 1, 2024, 5:00pm

Proposal Due Date and Time November 8, 2024, 5:00pm

Interviews (tentative) November 18, 2024

Anticipated Contract Award Date January 14, 2025

2. Scope of Work

2.1. Scope of Work

The Scope of Work (SOW) is to be used as a general guide and is not intended to be a complete list of all work necessary to complete the project.

The following are work tasks assumed necessary for successful operation of the Pescadero TS/MRF.

Proposers may suggest a modified scope as part of their proposal, but shall include at minimum:

A. Collection and Handling of Materials

B. Transport of Materials

C. Maintenance

D. Compliance

E. Customer Service

F. Emergency Response

G. Optional Tasks https://smcgov.zoom.us/j/87695411793

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Task 1. Collection and Handling of Materials

• Receive waste and recyclables from commercial and residential customers.

• Separate trash, recyclables and compostables into categories to maximize diversion.

• Use equipment to compact materials to optimize space and reduce transportation costs.

• Ensure proper handling and storage of hazardous materials and adherence to safety regulations.

• Maintain a minimum of three (3) days of operations per week.

Task 2. Transport of Materials

• Coordinate the transport of all materials to a permitted disposal site or recycling facilities.

• Efficiently schedule and manage transportation routes to minimize fuel consumption and operational costs.

• Maintain and inspect transportation vehicles to ensure proper working condition.

Task 3. Maintenance

• Site cleaning and maintenance, including onsite litter removal, and illegal dumping left adjacent to the site.

• Vegetative mowing of property and adjacent to the site.

• Maintenance of equipment such as bins, compactors, loaders, and scales.

Task 4. Compliance

• Maintain accurate records of waste quantities, types, and disposal methods.

Provide regular reports to the County and regulatory agencies (i.e., CalRecycle) regarding operations and financials.

• Ensure compliance with local, state, and federal regulations, including environmental and health standards. The Operator is responsible for maintaining all necessary permits.

Task 5. Customer Service

• Assist and educate the public on proper waste disposal practices and transfer station safety protocol.

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• Community engagement to promote recycling and waste reduction initiatives.

2.2. Other Considerations

Days of Operations

Pescadero TS/MRF is currently open to the public three days a week, from Friday to Sunday. Depending upon the proposals received, the County would expand operations to four or five days per week. In your proposal, specify the operational days and hours that your company would like to operate the facility.

Additionally, in the fee proposal, provide a cost breakdown for each of the proposed operational models.

Emergency Response

Pescadero TS/MRF is a collection site for disaster debris in the event of an emergency. The operator must provide an emergency contact and be prepared to operate the site within 12 hours of an emergency event, including but not limited to fire, earthquake, severe weather, extreme weather, or road destruction, which requires temporary storage of debris. Once activated, the operator should be able to re-purpose or utilize a minimum of 0.85 acre of the site for disaster debris operations.

• Develop and implement plans for emergency management of fire, earthquake, severe weather, extreme weather, or road destruction, or other incidents.

• Train staff on emergency procedures and safety protocols.

2.3. Performance Measures

The following performance measures will be used to evaluate the selected contractor’s performance, including but not limited to:

• Quality of Service: The effectiveness and efficiency of the services provided, including customer satisfaction.

• Waste Diversion Rate: Percentage of materials diverted from landfills to recycling or composting.

• Site Cleanliness: The overall cleanliness and upkeep of the transfer station site, free of litter debris and illegal dumping.

• Regulatory Compliance: Adherence to Federal, State and Local environmental and safety regulations.

• Cost Efficiency: Adherence to budget and cost management for operations.

• Response Time: Average time taken to address and resolve service requests and issues.

3. Submission Requirements

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3.1. Submission Deadline

Proposals must be electronically received by 5:00 pm, on Friday, November 8, 2024 via eProcurement system.

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

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

3.2. Pre-submission Registration

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

County of San Mateo at:

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

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

3.3. Submission via eProcurement Portal

Required Documents

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

Electronic Submissions

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

Conflicts between Certain Requirements

Prior to the submission deadlines and solely relating to a determination of the timeliness of questions, comments, and proposal submissions, information displayed on the eProcurement portal site will take precedence in the event of a discrepancy between that information and the information within the solicitation documents. For all other discrepancies, the information in the solicitation documents will take precedence.

Format mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/smcgov https://procurement.opengov.com/portal/smcgov https://procurement.opengov.com/portal/smcgov/projects/116712/document?section=1070190

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Documents should be created in the following format:

• Text should be Times New Roman (12-point minimum font size) and unjustified (i.e., with a ragged-right margin)

• Pages should have margins of at least one inch on all sides (excluding headers and footers)

• If the proposal is lengthy, a Table of Contents should be included.

• PDF format is preferred.

Errors in Proposals

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

3.4. Technical Proposal

NOTE: Each one-sided letter-sized page is considered one page of content.

Proposers interested in responding to this RFP must submit the following information, in the order specified below:

1. Introduction and Executive Summary (up to 2 pages)

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.

2. Statement of Minimum Qualifications (up to 2 pages)

Describe how the proposer meets the minimum qualifications as set forth in the Minimum

Qualifications of this RFP.

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

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3. Project Approach (up to 10 pages)

Describe your proposed approach to performing the Scope of Work, including the following:

A. Scope of Work tasks/milestones

B. Proposed schedule and ability to complete the project within the County’s required time frame.

C. Any notable innovations or improvements that you expect to provide (with respect to, for example, efficiency, technology, sustainability, etc.)

D. Plan for achieving performance measures.

4. Firm Qualifications (up to 5 pages)

Provide information regarding background and qualifications, including the following:

A. A brief description of the proposer.

B. 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.

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

5. Team Qualifications (up to 5 pages)

1. Provide a chart identifying:

a. Project team and reporting structure

b. Lead project manager

c. Role each person will play in the project

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

2. 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.

6. Fee Proposal (up to 3 pages)

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The Fee Proposal should be submitted as a separate PDF file from the Technical Proposals detailed in Section III.D.1.1 – 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.

Provide a Fee Proposal that includes the following, as applicable:

A. Fixed Operating Cost

Including, but not limited to:

1. Labor / Staff Hourly Rates

2. Equipment

3. Maintenance

4. Profit and Overhead

Please indicate your preferred days of operation in the table and rank them from 1 to

3, with 1 being the most preferred.

B. Variable Transfer and Processing Costs by Material Type

C. Total Annual Cost of Services

Instructions

Submission of a complete Fee Proposal is required. Each element of the Fee Proposal will be scored comparatively, except item 7.1.a (hourly rates) will not be scored.

Provide a Fee Proposal on the provided worksheets, using the assumptions set forth herein and in

Appendix C – Fee Proposal Calculations, which includes the following:

• Fixed Operating Cost

• Variable Transfer and Processing Costs by Material Type

• Total Annual Cost of Services

• Year-over-year Summary (below)

Appendix C - Fee Proposal Calculations

The Fee Proposal Calculation (Year 1 through Year 5), shall include all costs that the proposer would charge to complete the work described above in Section II - Scope of Work.

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The Year-over-year fee proposal (Years 1 through 3) will become the Contract Total (Section below).

Year-Over-Year Summary, presented in summary as listed below:

Year Total Contract Cost

(Fee Proposal Calculations)

1 $

2 $

3 $

4 $

5 $

Contract Total $

NOTE: Exceptions, modifications, omissions, and deviations from the above may result in rejection of proposal as non-responsive.

4. 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)

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1. Project Approach

A. Demonstrates a clear understanding of the project/proposed services detailed in Section II - SOW and the tasks to be performed.

B. Plan for achieving performance measures.

C. Reasonableness of proposed staffing level and allocation plan.

D. Strategy for successful engagement with the

County.

E. Effective and cost saving innovations.

Points Based 30 (30% of Total)

2. Firm Qualifications

A. Relevant expertise

B. Quality of recently completed projects, including adherence to schedules and budgets

C. Results of reference checks

Points Based 15 (15% of Total)

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3. Team Qualifications

A. Expertise of the lead project manager

B. Expertise of assigned staff in the subject area and description of the tasks to be performed by each staff person

C. Workload, staff availability and accessibility

Points Based 10 (10% of Total)

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4. Fee Proposal

A. Proposals will be evaluated based on the overall cost efficiency, including operational costs, maintenance, and any additional fees.

B. Proposals should provide a clear and detailed breakdown of costs, including any optional services or additional charges.

C. Consideration will be given to the overall value offered, including the quality of service relative to the cost.

Provide a Fee Proposal that includes the following, as applicable:

1. Fixed Operating Cost Including, but not limited to:

a. Labor / Staff Hourly Rates

b. Materials

c. Equipment

d. Maintenance

e. Profit and Overhead Please indicate your preferred days of operation in the table and rank them from 1 to 3, with

1 being the most preferred.

2. Variable Transfer and

Processing Costs by Material

Type

3. Total Annual Cost of Services

Points Based 25 (25% of Total)

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5. Interview

Following the evaluation of the written proposals, the top three highest ranking proposers will be invited to an interview. The interview will consist of standard questions asked of each of these proposers.

Below are examples of interview evaluation criteria.

Experience: Relevance of the team experience as demonstrated by types and complexity of previous work presented. Evidence of the expertise that the team brings to the project.

Approach to Implementation: Understanding of the key long-range and short-range implementation issues that affect the project. Quality of the insight or conceptualization of the issues relevant to the project.

Communication: Quality of the written and graphic communication used to represent the skills of the team. Clarity of the organization and exposition of the document and the presentation.

Breadth: Degree to which the technical expertise is complete for the anticipated scope of work. Evidence that the team is structured for a comprehensive approach.

Management: Evidence that previous work was well managed, within budget, and on-time. Documentation of relevant problems and how they were resolved.

Points Based 20 (20% of Total)

5. Minimum Qualifications and Technical Proposal

5.1. Minimum Qualifications

5.1.1. Proposer has a minimum of five (5) years of experience operating a transfer station or similar operations. *

☐ Yes

☐ No

*Response required

5.1.2. If this requirement is not met, please provide an explanation.

5.1.3. Proposer has the capacity to operate the facility for a minimum of three days per weeks.*

☐ Yes

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☐ No

*Response required

5.1.4. Proposer has the ability to supply and maintain the following equipment: sever (7) open top roll off container with the ability to cover, one (1) self-contained compactor, one (1) open top roll off container, and a roll off truck.*

☐ Yes

☐ No

*Response required

5.1.5. If this requirement is not met, please explain how proposer will be able to perform the tasks outlined in the Scope of Work effectively.

5.1.6. Proposer has the capability to re-purpose or utilize a minimum of 0.85 acre of the site for disaster debris operations in the event of an emergency.*

☐ Yes

☐ No

*Response required

5.1.7. If this requirement is not met, please explain what alternative methods you will use to handle disaster debris management in the event of an emergency.

5.1.8. The proposer is legally authorized to do business in the State of California.*

☐ Yes

☐ No

*Response required

5.2. Technical Proposal

5.2.1. 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

5.2.2. Statement of Minimum Qualifications *

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

*Response required

5.2.3. Project Approach*

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Describe your proposed approach to performing the Scope of Work, including the following:

A. Scope of Work tasks/milestones

B. Proposed schedule and ability to complete the project within the County’s required time frame.

C. Any notable innovations or improvements that you expect to provide (with respect to, for example, efficiency, technology, sustainability, etc.)

D. Plan for achieving performance measures.

*Response required

5.2.4. 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

5.2.5. 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.

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

5.2.6. Fee Proposal*

The Fee Proposal should be submitted as a separate PDF file. Please complete the fee proposal tables provided in the Attachments section of the RFP. Each element of the Fee Proposal will be scored comparatively, except labor/staff hourly rates under Fixed Operating Cost will not be scored.

Provide a Fee Proposal that includes the following, as applicable:

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A. Fixed Operating Cost

Including, but not limited to:

1. Labor / Staff Hourly Rates

2. Materials

3. Equipment

4. Maintenance

5. Profit and Overhead

Please indicate your preferred days of operation in the table and rank them from 1 to 3, with 1 being the most preferred.

B. Variable Transfer and Processing Costs by Material Type

C. Total Annual Cost of Services

*Response required

5.2.7. References

Provide 3 references for each of the following, including the name, address, and telephone number of recent clients (preferably other public agencies):

6. Instructions to Proposers

6.1. Instructions

Proposers are encouraged to attend a pre-proposal conference on Tuesday, October 8, 2024, at 11:00 am, to be held at https://smcgov.zoom.us/j/87695411793 and site visit, following the pre-proposal conference. All questions will be addressed at this conference and any available new information will be provided at that time. If you have further questions regarding the RFP, please post them on the eProcurement portal.

The site visit will cover:

• We will provide a tour of the site, covering the site layout, infrastructure, and operational processes.

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

Page 20 of 24 Release date of September 25, 2024 procurement process for this agreement, including during the solicitation period and contract negotiations.

Violation of the foregoing prohibitions may result in a proposer being found non-responsible and barred from participating in this or future procurements.

6.3. Contract Award

A. Award Procedure

Contract negotiations are neither an offer nor guarantee that a contract will be executed. A contract award, if any is made, will be to the responsive, responsible proposer offering the overall best value to the County for the services and goods described in this solicitation, or as applicable, for a specific portion of the services and goods described. Any agreement reached will be memorialized in a formal agreement using the attached template, executed by the appropriate authority.

B. Notice of Intent to Award

If a decision is made to take steps to enter into an agreement with one or more proposers, the

County will post a Notice of Intent to Award or otherwise notify proposers the remaining proposers of their non-selection. Notice may instead be provided by including approval of the agreement as an item on an agenda for a meeting of the Board of Supervisors.

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

Sustainabilityis issuing Request for Proposal (RFP) No. 2024-RFP-00262 for Request for Proposals

(RFP) for Operating and Managing the Pescadero Transfer Station.

The agreement shall have a Term of five (5) years. In addition, the County shall have Option to extend the term for one (1) or more periods, each up to one (1) year, for a maximum of three (3) additional years, under the same terms and conditions., 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.

7. Terms and Conditions for Receipt of Proposals

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7.1. Errors, Omissions and Inquiries regarding the RFP

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

Inquiries regarding the RFP should be lodged in eProcurement portal.

7.2. Objections to RFP Terms

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

7.3. Addenda

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

7.4. Term of Proposal

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

7.5. Revision or Withdrawal of Proposal

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

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

7.6. Errors and Omissions in Proposal

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

7.7. No Commitment

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

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7.8. Financial Responsibility

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

RFP or participating in any presentations or negotiations.

7.9. Estimated Quantity

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

7.10. Public Record

A. General

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

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

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

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

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

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

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

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

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

7.11. Confidential Information

A. Proposers are responsible for asserting any applicable privileges or reasons why a document should not be produced in response to a public record request.

B. If submitting information protected from disclosure as a trade secret or any other basis, identify each page of such material subject to protection as “CONFIDENTIAL.” If requested material has been designated as confidential, the County will attempt to inform the proposer of the public records request in a timely manner to permit assertion of any applicable privileges.

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C. Failure to seek a court order protecting information from disclosure within ten days of the

County’s notice of a request to the proposer will be deemed agreement to disclosure of the information and the proposer agrees to indemnify and hold the County harmless for release of such information.

D. Requests to treat an entire proposal as confidential will be rejected and deemed agreement to

County disclosure of the entire proposal and the proposer agrees to indemnify and hold the

County harmless for release of any information requested.

E. Trade secrets will only be considered confidential if claimed to be a trade secret when submitted to the County, marked as confidential, and compliant with Government Code Section 6254.7.

7.12. Reservations of Rights by the County

The issuance of this RFP does not constitute an agreement by the County that any contract will actually be entered into by the County. The County expressly reserves the right at any time to:

• Waive or correct any defect or informality in any response, proposal, or proposal procedure;

• Reject any or all proposals;

• Reissue an RFP;

• Prior to submission deadline for proposals, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the proposals;

• Procure any materials, equipment or services specified in this RFP by any other means; or

• Determine that no project will be pursued.

7.13. No Waiver

No waiver by the County of any provision of this RFP shall be implied from any failure by the County to recognize or take action on account of any failure by a proposer to observe any provision of this RFP.

7.14. Cooperative Agreement (Piggyback)

This competitive solicitation is being conducted as a Cooperative Procurement. The services, terms and conditions of any agreement resulting from this solicitation may be used by other organizations as a

Cooperative Agreement.

This provision in no way commits any affiliate to procure services from any awarded contractor, nor does it guarantee that any additional orders will result. At their discretion, and subject to their own procurement policies, interested organizations may make use of this competitive procurement and contract directly from the awarded contractor.

8. Protest Procedures

Page 24 of 24 Release date of September 25, 2024

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:

Protest@smcgov.org

Subject: Request for Proposals (RFP) for Operating and Managing the Pescadero Transfer Station, 2024-RFP-00262