RFP_Childcare_Mgmt_and_Op_Services.pdf

CITY AND COUNTY OF SAN FRANCISCO

DEPARTMENT OF PUBLIC HEALTH

SOURCING EVENT ID: SFGOV- 0000011581

REQUEST FOR PROPOSALS 4-2026

CHILDCARE MANAGEMENT AND OPERATION SERVICES

ISSUED: June 22, 2026

TABLE OF CONTENTS

SECTION 1: NOTICE OF REQUEST FOR PROPOSALS

1.1 Request for Proposals:

1.2 Contract Term:

1.3 Solicitation Schedule:

1.4 Procurement Officer and Delivery Address:

SECTION 2: INSTRUCTIONS TO PROPOSERS

2.1 Obtaining RFP Documents and Addenda:

2.2 Submission of Proposals:

2.3 Request for Clarifications/Questions:

2.4 Proposer’s Minimum Requirements:

2.5 Pre-Proposal Conference:

SECTION 3: TERMS AND CONDITIONS FOR RECEIPT OF PROPOSALS

3.1 Local Business Enterprise (LBE) Program Requirements:

3.2 Form of Contract:

3.3 Responsibility of Proposer:

3.4 Public Disclosure:

3.5 Limitation on Communications During Solicitation:

3.6 Proposal Selection Shall not Imply Acceptance:

3.7 Cybersecurity Risk Assessment:

3.8 Solicitation Errors and Omissions:

3.9 Objections to Solicitation Terms:

3.10 Protest Procedures:

3.11 Proposal Term:

3.12 Revision to Proposal:

3.13 Proposal Errors and Omissions:

3.14 Financial Responsibility:

3.15 Proposer’s Obligations under the Campaign Reform Ordinance:

3.16 Reservations of Rights by the City:

3.17 No Waiver:

3.18 Investigations:

3.19 Insurance:

3.20 Compliance with Law:

3.21 City Nonprofit Supplier Compliance with California Attorney General Registry of Charitable Trusts:

3.22 Licenses, Permits, Fees and Assessments:

3.23 Right to Accept or Reject Proposals:

3.24 Non-Collusion:

3.25 Signed Proposal and Exceptions:

3.26 Green Purchasing Requirements:

3.27 Protected Health Information and Business Associate Agreement

3.28 Protected Health Information

3.29 Exclusion Lists and Employee Verification

3.30 Prevention of Fraud, Waste and Abuse

3.31 Participate In SFDPH Performance Improvement Process (PIP) And Monitoring

SECTION 4: SCOPE OF WORK

4.1 Background:

4.2 Scope of Work:

4.3 Schedule:

4.4 Compensation:

4.5 Tuition Rates and Fees:

SECTION 5: PROPOSAL FORMAT AND ORGANIZATION

5.1 Proposal Requirements:

5.2 Proposal Content:

SECTION 6: PROPOSAL EVALUATION, SELECTION PROCESS AND AWARD OF CONTRACT

6.1 Evaluation of Proposals:

6.2 Tuition Rates and Fees Proposal Scoring:

6.3 Selection Process:

6.4 Award of Contract:

SECTION 7: CITY’S CONTRACT TERMS

SECTION 8: RFP FORMS

8.1 RFP Forms:

SECTION 1: NOTICE OF REQUEST FOR PROPOSALS

1.1 Request for Proposals:

The Department of Public Health (“City” or “DPH”) is requesting proposals from qualified firms (“Proposers”) to manage and operate a new childcare center (“Center”) near Zuckerberg San Francisco General Hospital (ZSFG). DPH is committed to provide a high quality, well regarded Early Care Education (ECE) program to serve ZSFG employees, others employed by the City and County of San Francisco, and the community as space allows. The proposer, by the date of submission of this RFP, must be qualified as an Early Learning for All (ELFA) center-based program by the San Francisco Department of Early Childhood (DEC). All operational costs shall be the sole responsibility of the Contractor whose funding will be derived by tuition, subsidies, grants and/or other external sources. No operational costs will be funded by DPH, unless noted within this document.

1.2 Contract Term:

The anticipated term of the contract will be a three-year term, with seven one-year options to extend at the City’s sole, absolute discretion.

1.3 Solicitation Schedule:

The following is the schedule for this procurement:

Activity Time Date

RFP Published 6/22/2026

Pre-Proposal Conference 10:00AM PT 7/9/2026

Deadline for Questions 5:00PM PT 7/20/2026

Estimated Q&A Addendum Posting 8/3/2026

Deadline to Submit Proposals 2:00PM PT 8/24/2026

Estimated Short-Listing Notification for Interviews

9/21/2026

Estimated Interviews

9/24/2026 – 10/9/2026

Estimated Announcement of Award

10/19/2026

Health Commission Presentation (if applicable)

January 2027

Estimated Start Date

2/1/2027

1.4 Procurement Officer and Delivery Address:

Jeff DuBois

City and County of San Francisco – Department of Public Health – Office of Contract Management and Compliance

101 Grove St., Room 410

San Francisco, CA 94102

Phone: 628-271-7415

Email: jeff.dubois1@sfdph.org and sfdph.solicitations@sfdph.org mailto:jeff.dubois1@sfdph.org mailto:sfdph.solicitations@sfdph.org

SECTION 2: INSTRUCTIONS TO PROPOSERS

2.1 Obtaining RFP Documents and Addenda:

A. RFP documents including Addenda can be found on the San Francisco City Partner site at:

https://sfcitypartner.sfgov.org/pages/Events-BS3/event-search.aspx

B. Proposers will then need to search the Sourcing Event ID listed above for all related documents. It is the Proposers responsibility to check the San Francisco City Partner site regularly to stay current on the documents that are available as this is the primary communication site for this RFP.

C. The City may modify this Solicitation, prior to the Proposal Due Date, by issuing an Addendum to the Solicitation, which will be posted on the San Francisco City Partner site.

Every Addendum will create a new version of the Sourcing Event and Proposers must monitor the event for new versions. The Proposer shall be responsible for ensuring that its Proposal reflects any and all Addenda issued by the City prior to the Proposal Due Date regardless of when the Proposal is submitted. Therefore, the City recommends that the Proposer consult the website frequently, including shortly before the Proposal Due Date, to determine if the Proposer has downloaded all Solicitation Addenda. It is the responsibility of the Proposer to check for any Addenda, and updates, which may be posted to the subject Solicitation.

D. THE SUBMITTAL OF A RESPONSE TO THIS SOLICITATION SHALL EXPLICITLY

STIPULATE ACCEPTANCE BY PROPOSERS OF THE TERMS FOUND IN THIS

SOLICITATION, ANY AND ALL ADDENDA ISSUED TO THIS SOLICITATION, AND THE

PROPOSED CONTRACT TERMS.

2.2 Submission of Proposals:

A. How to Register as a City Supplier

The following requirements pertain only to Bidders not currently registered with the City as a Supplier.

Step 1: Register as a BIDDER at the San Francisco City Partner site:

https://sfcitypartner.sfgov.org/pages/BidderRegistration-BS3/bidder-registration-1.aspx

Step 2: Follow the step-by-step instructions on SF.gov for converting your BIDDER ID to a SUPPLIER ID. This will require you to register with the City Tax Collector’s Office and submit the online 12B Declaration for Article 131 (Equal Benefits Program) compliance through the City Partner site. Once these forms have been completed, submitted, and processed, you will be notified via email with your organization's new Supplier ID. That email will also provide instructions for completing your Supplier registration.

1. City Business Tax Registration Inquiries: For questions regarding business tax registration procedures and requirements, contact the Tax Collector’s Office at (415) 554-4400 or, if calling from within the City and County of San Francisco, 311.

2. Equal Benefits Program Inquiries: For questions concerning the San Francisco Labor and Employment Code Articles 131 and 132, go to: www.sfgov.org/cmd.

B. Time and Place for Submission of Proposals

1. Prior to the Proposal submission deadline, Proposers must upload their complete Proposals into the San Francisco City Partner site:

https://sfcitypartner.sfgov.org/pages/index.aspx.

2. Each original Proposal received will be screened to ensure that all content required by this Solicitation is included. Partial or complete omission of any required content may https://sfcitypartner.sfgov.org/pages/Events-BS3/event-search.aspx https://sfcitypartner.sfgov.org/pages/BidderRegistration-BS3/bidder-registration-1.aspx https://www.sf.gov/step-by-step--become-city-supplier http://www.sfgov.org/cmd https://sfcitypartner.sfgov.org/pages/index.aspx.

disqualify Proposals from further consideration. Failure to adhere to the above requirements may result in the complete rejection of your Proposal.

3. Proposers should upload and submit their proposals to the San Francisco City Partner site as early as possible to allow time for any technical issues. The site will automatically close at the submission deadline, and late proposals will not be accepted. Uploading a proposal is not enough—proposers must press "Submit" before the deadline.

4. Proposals must be received by the due date and time shown in the RFP. Proposals that are submitted by email will NOT be accepted.

5. Proposals must be submitted through the San Francisco City Partner site. However, if the site is not functioning, Proposers must notify the Procurement Officer listed in Section 1.4 (Procurement Officer and Delivery Address) and provide proof of the issue.

In such cases, proposals may be delivered in person as a backup. The deadline for in-person delivery is the same as the deadline for submission via the San Francisco City Partner site. The City is not responsible for proposals lost or not delivered by your courier of choice. Courier / package tracking is recommended if you use in-person delivery. If delivering by mail or courier, please email a tracking # (if available) or notice of mailing to the Procurement Officer listed in this RFP.

2.3 Request for Clarifications/Questions:

A. Questions must be submitted by email to the Procurement Officer whose name and contact information listed in Section 1.4 (Procurement Officer and Delivery Address) of this Solicitation no later than E-Questions Due Date. Questions received after this date and time may not be answered.

B. Only questions that have been resolved by formal written Addenda via the Office of Contract Management and Compliance will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect.

C. A written Addendum will be executed addressing each question and answer and posted publicly. It is the responsibility of the Proposer to check for any Addenda and other updates that will be posted on the San Francisco City Partner site:

https://sfcitypartner.sfgov.org/pages/Events-BS3/event-search.aspx.

2.4 Proposer’s Minimum Requirements:

Proposers must provide documentation that clearly demonstrates each Minimum Qualification (MQ) listed below has been met. Minimum Qualification documentation should be clearly marked as “MQ1”, MQ2”, etc.… to indicate which MQ it supports. Each Proposal will be reviewed for initial determination on whether Proposer meets the MQs referenced in this section. This screening is a pass or fail determination and a Proposal that fails to meet the Minimum Qualifications will not be eligible for further consideration in the evaluation process. The City reserves the right to request clarifications from Proposers prior to rejecting a Proposal for failure to meet the Minimum Qualifications.

MQ # Description

MQ1 Proposer must be qualified as an ELFA qualified center-based program at the time of proposal submission. A fully signed ELFA Participation Agreement or Funding Agreement must be included with the proposal.

https://sfcitypartner.sfgov.org/pages/Events-BS3/event-search.aspx

MQ # Description

MQ2 Proposer must have at least two years of consecutive experience in operating an Early Learning for All (ELFA) center-based program for families with infants and toddler aged children at the time of proposal submission. Third party documentation of this experience must be included in the proposal. Acceptable third party documents include contract agreements or letters of attestation. These documents must specify the services provided as well as the start and end dates of those services.

MQ3 Proposer must be licensed by the California Department of Social Services Community Care Licensing Division (CCLD). Proof of licensure must be included with the proposal.

MQ4 Proposer must have no outstanding Type A Citations from CCLD at the time of proposal submission. Third party documentation must be included with the proposal and may include letters or notices from CCLD as well as screenshots or printouts of facility details available at https://www.ccld.dss.ca.gov/carefacilitysearch/.

2.5 Pre-Proposal Conference:

All Proposers are highly encouraged to attend this conference to learn more about the requirements of this solicitation.

Pre-Proposal Conference

July 9, 2026, at 10:00 AM PST via Microsoft Teams

Join by Microsoft Teams Link, copied below for convenience:

https://msteams.link/D64Z Or call in (audio only)

+1 415-906-4659,, 249911978# United States, San Francisco

Phone Conference ID: 249 911 978# https://www.ccld.dss.ca.gov/carefacilitysearch/ https://msteams.link/D64Z https://msteams.link/D64Z

SECTION 3: TERMS AND CONDITIONS FOR RECEIPT OF PROPOSALS

3.1 Local Business Enterprise (LBE) Program Requirements:

A. Contract Monitoring Division (CMD) Compliance Officer

The CMD Compliance Officer (CCO) for this Solicitation and any Contract awarded pursuant to this Solicitation is:

Seth Benkle

Contract Monitoring Division

City and County of San Francisco

Phone: 650-821-7796

Email: Seth.Benkle@sfgov.org

Website: www.sfgov.org/cmd.

B. Reserved (Applicable of LBE Rating Bonuses).

C. LBE Subcontracting Participation Requirements

There shall be no LBE Subcontracting Requirement for any Contract awarded pursuant to this Solicitation because the anticipated Contract NTE amount will be less than one half of the Minimum Competitive Amount.

D. CMD LBE Forms

Although LBE Subcontracting Participation Requirements do not apply to contracts awarded under this Solicitation, any Proposer that is a certified LBE must still complete and submit “Form 2A: CMD Contract Participation Form” (Attachment E).

Failure to complete, sign and submit each of the required CMD LBE Forms with proposal may result in the response package being deemed non-responsive and rejected.

3.2 Form of Contract:

A. The selected Proposer will be required to enter into a contract substantially in the form presented in the Professional Services Template (“City’s Contract Terms”), Attachment M.

Please note that the Exhibits are intentionally not complete in the attached sample standard document. These exhibits will be conformed to reflect any changes made through the solicitation process and will appear in the final Professional Services Contract executed between the parties.

B. Failure or refusal to enter into a contract as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest scoring Proposer refuses or fails to execute the Contract, or the agreement is terminated, the City may, at its sole discretion, enter in contract with and award the Contract to the second highest scoring Proposer, and so on.

3.3 Responsibility of Proposer:

A. Qualification of Proposers

The selected Proposer must possess all qualifications required for the contract and be capable of performing the work for which the Proposer is being called. If applicable, the successful Proposer and/or Proposer’s staff must be properly licensed and/or certified according to the requirements outlined in this Solicitation and remain in good standing for the duration of the contract. Any failure to demonstrate satisfaction of one or more of the requirements, if requested by the City, will be considered sufficient for the disqualification of the Proposer as non-responsive and will entitle the City to terminate negotiations and move to the next highest-scoring Proposer for contract award.

mailto:Seth.Benkle@sfgov.org http://www.sfgov.org/cmd

B. Notice of Intent to Award – Required Documentation

After the City issues a Notice of Intent to Award and before contract award, the selected Proposer must be registered and in good standing with the government entities listed below.

If the Proposer fails to demonstrate compliance with any of the following requirements within ten (10) calendar days of the Notice of Intent to Award issuance, the City may deem the Proposer nonresponsive. This will result in disqualification and entitle the City to terminate negotiations and proceed to the next highest-scoring Proposer for the contract award.

Proposer’s failure to remain in good standing for the duration of the contract will entitle the City to immediately terminate the contract for default with no opportunity for the responder to cure.

1. Proposer is in good standing with the California Secretary of State;

2. Proposer is in good standing with the Franchise Tax Board;

3. Proposer is in good standing with the Internal Revenue Service;

4. Proposer (if a non-profit) is in good standing with California Attorney General’s Registry of Charitable Trusts per the City’s Policy and Procedures regarding City Nonprofit Supplier Compliance with California Attorney General Registry of Charitable Trusts;

5. Office of Foreign Assets Control (OFAC) – applicable to state funded contracts;

6. System for Award Management (SAM) – applicable to federally funded contracts.

3.4 Public Disclosure:

A. All documents under this solicitation process are subject to public disclosure per the California Public Records Act (California Government Code Section §6250 et. Seq) and the San Francisco Sunshine Ordinance (San Francisco Administrative Code Chapter 67).

Contracts, Proposals, responses, and all other records of communications between the City and Proposers shall be open to inspection immediately after a contract has been awarded.

Nothing in this Administrative Code provision requires the disclosure of a private person’s or organization’s net worth or other proprietary financial data submitted for qualification for a contract or other benefit until and unless that person or organization is awarded the contract or benefit.

B. If the City receives a Public Records Request (“Request”) pertaining to this solicitation, City will use its best efforts to notify the affected Proposer(s) of the Request and to provide the Proposer with a description of the material that the City deems responsive and the due date for disclosure (“Response Date”). If the Proposer asserts that some or all of the material requested contains or reveals valuable trade secret or other information belonging to the Proposer that is exempt from disclosure and directs the City in writing to withhold such material from production (“Withholding Directive”), then the City will comply with the Withholding Directive on the condition that the Proposer seeks judicial relief on or before the Response Date. Should Proposer fail to seek judicial relief on or before the Response Date, the City shall proceed with the disclosure of responsive documents.

3.5 Limitation on Communications During Solicitation:

From the date this Solicitation is issued until the date the competitive process of this Solicitation is completed (either by cancelation or final Award), Proposers and their subcontractors, vendors, representatives and/or other parties under Proposer’s control, shall communicate solely with the Procurement Officer whose name appears in this Solicitation. Any attempt to communicate with any party other than the Procurement Officer whose name appears in this Solicitation – including any City official, representative or employee – is strictly prohibited. Failure to comply with this communications protocol may, at the sole discretion of City, result in the disqualification of the Proposer or potential Proposer from the competitive process. This protocol does not apply to communications with the City regarding business not related to this Solicitation.

https://media.api.sf.gov/documents/Policy_on_Nonprofit_Compliance_with_CA_AG_Charity_Registry_-_issued_2.7.23_1.pdf https://media.api.sf.gov/documents/Policy_on_Nonprofit_Compliance_with_CA_AG_Charity_Registry_-_issued_2.7.23_1.pdf

3.6 Proposal Selection Shall not Imply Acceptance:

The acceptance and/or selection of any Proposal shall not imply acceptance by the City of all terms of the Proposal, which may be subject to further approvals before the City may be legally bound thereby.

3.7 Cybersecurity Risk Assessment:

A. As part of City’s evaluation process, City may engage in Cybersecurity Risk Assessment (CRA). CRA may be performed for each entity manufacturing the product, performing technical functions related to the product’s performance, and/or accessing City’s networks and systems. Where a prime Proposer or reseller plays an active role in each of these activities, CRA may also be required for the prime Proposer or reseller.

B. To conduct a CRA, City may collect as part of this Solicitation process one of the following two reports:

1. SOC-2 Type 2 Report: Report on Controls at a Service Organization Relevant to Security, Availability, Processing Integrity, Confidentiality or Privacy; or

2. City’s Cyber Risk Assessment Questionnaire: Proposer’s responses to a City’s Cyber Risk Assessment Questionnaire.

3. The above reports may be requested at such time City has selected or is considering a potential Proposer. The reports will be evaluated by the soliciting Department and the City’s Department of Technology to identify existing or potential cyber risks to City.

Should such risks be identified, City may afford a potential Proposer an opportunity to cure such risk within a period of time deemed reasonable to City. Such remediation and continuing compliance shall be subject to City’s on-going review and audit through industry-standard methodologies, including but not limited to: on-site visits, review of the entities’ cybersecurity program, penetration testing, and/or code reviews.

3.8 Solicitation Errors and Omissions:

Proposers are responsible for reviewing all portions of this Solicitation. Proposers are to promptly notify the City, in writing and to the Solicitation contact person if the Proposer discovers any ambiguity, discrepancy, omission, or other error in the Solicitation. Any such notification should be directed to the City promptly after discovery, but in no event later than the deadline for questions. Modifications and clarifications will be made by Addenda as provided below.

3.9 Objections to Solicitation Terms:

Should a Proposer object on any ground to any provision or legal requirement set forth in this Solicitation, the Proposer must, no later than the deadline for questions, provide written notice to the City setting forth with specificity the grounds for the objection. The failure of a Proposer to object in the manner set forth in this paragraph shall constitute a complete and irrevocable waiver of any such objection.

3.10 Protest Procedures:

A. Protest of Solicitation Content

Any Proposer who contends that the terms, conditions, or specifications of this Solicitation are unduly restrictive, improperly limit competition, or appear to be written in a manner that favors a particular vendor, may submit a written protest of the Solicitation content. Such protest must be received by the City no later than the deadline for submission of questions as set forth in the Solicitation Schedule. The written protest must clearly identify each allegedly restrictive specification, explain in detail why the specification is deemed restrictive or biased, and include all supporting facts, evidence, and any applicable law, rule, ordinance, or procedure. The protest must be signed by an individual authorized to represent the Proposer. Failure to submit a timely protest will be deemed a waiver of the Proposer’s right to challenge the content of the Solicitation.

B. Protest of Non-Responsiveness Determination

Within three business days of the City's issuance of a Notice of Non-Responsiveness, a Proposer may submit a written Notice of Protest 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 Notice of Protest must be signed by an individual authorized to represent the Proposer, and must cite the law, rule, local ordinance, procedure or Solicitation provision on which the protest is based. In addition, the Notice of Protest must specify facts and evidence sufficient for the City to determine the validity of the protest.

C. Protest of Non-Responsible Determination

Within three business days of the City's issuance of a Notice of Non-Responsibility, a Proposer may submit a written Notice of Protest of Non-Responsibility. The Notice of Protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The Notice of Protest must be signed by an individual authorized to represent the Proposer, and must cite the law, rule, local ordinance, procedure or Solicitation provision on which the protest is based. In addition, the Notice of Protest must specify facts and evidence sufficient for the City to determine the validity of the protest.

D. Protest of Contract Award

Within three business days of the City's issuance of a Notice of Intent to Award, a Proposer may submit a written Notice of Protest of Contract 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 Notice of Protest must be signed by an individual authorized to represent the Proposer, and must cite the law, rule, local ordinance, procedure or Solicitation provision on which the protest is based. In addition, the Notice of Protest must specify facts and evidence sufficient for the City to determine the validity of the protest. Please note that a disagreement with how an individual evaluator scored a proposal does not constitute valid grounds for a protest.

E. Delivery of Protests

A Notice of Protest must be written. Protests made orally (e.g., by telephone) will not be considered. A Notice of Protest must be delivered by mail or email to the Contract Administrator whose name and contact information appear in this Solicitation and received by the due dates stated above. A Notice of Protest shall be transmitted by a means that will objectively establish the date the City received the Notice of Protest. If a Notice of Protest is mailed, the protestor bears the risk of non-delivery within the deadlines specified herein.

Protests must be delivered to:

PAU Analyst’s Name at PAU’s Analyst email address, Procurement Officer and

My Lan Do Nguyen at mylando.nguyen@sfdph.org, Manager of Contractual Pre-Award

If delivering by mail, please email a copy to the individuals listed above and mail the protest to the address below.

Jeff DuBois

City and County of San Francisco – Department of Public Health – Office of Contract Management and Compliance

101 Grove St., Room 410

San Francisco, CA 94102

3.11 Proposal Term:

mailto:Kim.Baker@sfdph.org

Submission of a Proposal signifies that the proposed products, services and prices are valid for 180 calendar days from the Proposal Due Date and that the quoted prices are genuine and not the result of collusion or any other anti-competitive activity. At Proposer’s election, the Proposal may remain valid beyond the 180-day period.

3.12 Revision to 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. A revised Proposal must be received on or before, but no later than the Proposal Due Date and time. In no case will a statement of intent to submit a revised Proposal, or commencement of a revision process, extend the Proposal Due Date for any Proposer. At any time during the Proposal evaluation process, the City may require a Proposer to provide oral or written clarification of its Proposal. The City reserves the right to make an award without further clarifications of Proposals received.

3.13 Proposal Errors and Omissions:

Failure by the City to object to an error, omission, or deviation in the Proposal will in no way modify the Solicitation or excuse the Proposer from full compliance with the specifications of this Solicitation or any contract awarded pursuant to this Solicitation.

3.14 Financial Responsibility:

The City accepts no financial responsibility for any costs incurred by a Proposer in responding to this Solicitation. Proposers acknowledge and agree that their submissions in response to this Solicitation will become the property of the City and may be used by the City in any way deemed appropriate.

3.15 Proposer’s Obligations under the Campaign Reform Ordinance:

A. If a contract awarded pursuant to this Solicitation has (A) a value of $100,000 or more in a fiscal year and (B) requires the approval of an elected City official, Proposers are hereby advised:

B. Submission of a Proposal in response to this Solicitation may subject the Proposers to restrictions under Campaign and Governmental Conduct Code Section 1.126, which prohibits City contractors, Proposers, and their affiliates from making political contributions to certain City elective officers and candidates; and

C. Before submitting a Proposal in response to this Solicitation, Proposers are required to notify their affiliates and subcontractors listed in the awarded contract or Proposal of the political contribution restrictions set forth in Campaign and Governmental Conduct Code section 1.126.

D. This restriction applies to the party seeking the contract, the party’s board of directors, chairperson, chief executive officer, chief financial officer, chief operating officer, any person with an ownership interest greater than ten percent, and any political committees controlled or sponsored by the party, as well as any subcontractors listed in the awarded contract or Proposal. The law both prohibits the donor from giving contributions and prohibits the elected official from soliciting or accepting them.

E. The people and entities listed in the preceding paragraph may not make a campaign contribution to the elected official at any time from the submission of a Proposal for a contract until either: (1) negotiations are terminated and no contract is awarded; or (2) twelve months have elapsed since the award of the contract.

F. A violation of Section 1.126 may result in criminal, civil, or administrative penalties. For further information, Proposers should contact the San Francisco Ethics Commission at (415) 252-3100 or go to:

tel:(415)%20252-3100 tel:(415)%20252-3100 https://sfethics.org/compliance/city-officers/city-contracts/city-departments/notifying-bidders-and-potential-bidders.

3.16 Reservations of Rights by the City:

The issuance of this Solicitation does not constitute a guarantee by the City that a contract will be awarded or executed by the City. The City expressly reserves the right at any time to:

A. Waive or correct any defect or informality in any response, Proposal, or Proposal procedure;

B. Reject any or all Proposals;

C. Reissue the Solicitation;

D. 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 Solicitation, or the requirements for contents or format of the Proposals;

E. Procure any materials, equipment or services specified in this Solicitation by any other means; or

F. Determine that the subject goods or services are no longer necessary.

3.17 No Waiver:

No waiver by the City of any provision of this Solicitation shall be implied from the City’s failure to recognize or take action on account of a Proposer’s failure to comply with this Solicitation.

3.18 Investigations:

A. The City may make such investigation, as it deems necessary, prior to the award of this contract to determine the conditions under which the goods are to be delivered or the work is to be performed. Factors considered by the City shall include, but not be limited to:

1. Any condition set forth in this Solicitation;

2. Adequacy of Proposer’s plant facilities and/or equipment, location and personnel location to properly perform all services called for under the Purchase Order; and

3. Delivery time(s).

B. City reserves the right to inspect an awarded Proposer’s place of business prior to award of and/or at any time during the contract term (or any extension thereof) to aid City in determining an awarded Proposer’s capabilities and qualifications.

C. Failure to timely execute a contract, or to furnish any and all insurance certificates and policy endorsements, surety bonds or other materials required in the contract, shall be deemed an abandonment of a contract offer. The City, in its sole discretion, may select another Proposer and may proceed against the original selectee for damages.

D. City reserves the right to reject any Proposal on which the information submitted by Proposer fails to satisfy City and/or if Proposer is unable to supply the information and documentation required by this Solicitation within the period of time requested.

E. Any false statements made by a Proposer or any related communication/clarification may result in the disqualification of its Proposal from receiving further evaluation and a contract award.

3.19 Insurance:

Insurance provisions are contained in the City’s Contract Terms sample agreement (Attachment M) included in the RFP. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their proposal.

https://sfethics.org/compliance/city-officers/city-contracts/city-departments/notifying-bidders-and-potential-bidders https://sfethics.org/compliance/city-officers/city-contracts/city-departments/notifying-bidders-and-potential-bidders

3.20 Compliance with Law:

Proposer warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations.

3.21 City Nonprofit Supplier Compliance with California Attorney General Registry of Charitable Trusts:

Nonprofit Proposers are required to review the City’s Policy and Procedures regarding City Nonprofit Supplier Compliance with California Attorney General Registry of Charitable Trusts.

To receive a contract under this Solicitation, any nonprofit Proposer must be in good standing with the California Attorney General’s Registry of Charitable Trusts by the time of contract execution and must remain in good standing during the term of the agreement. Upon request, Proposer must provide documentation to the City demonstrating its good standing with applicable legal requirements. If Proposer will use any nonprofit subcontractors to perform the agreement, Proposer will be responsible for ensuring they are also in compliance with all requirements of the Attorney General’s Registry of Charitable Trusts at the time of Contract execution and for the duration of the agreement.

3.22 Licenses, Permits, Fees and Assessments:

Proposer represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFP. Proposer represents and warrants to City that Proposer shall, at its sole cost and expense, keep in effect at all times during the term of the Contract if so awarded, any license, permit, qualification, or approval that is legally required for Proposer to perform the Work and Services under the Contract if so awarded. Proposer shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the Proposer’s performance of the Work and Services required under the Contract if so awarded. Proposer shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.

3.23 Right to Accept or Reject Proposals:

The City reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all proposals and to cancel all or part of this RFP and seek new proposals, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City.

3.24 Non-Collusion:

The undersigned, by submission of Proposal, hereby declares that the Proposal is made without collusion with any other business making any other Proposal, or which otherwise would make a Proposal.

3.25 Signed Proposal and Exceptions:

Submission of a signed proposal will be interpreted to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in the RFP, and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, must be requested under the request for clarifications/questions process by the deadline for questions. Any requested changes to the contract will be considered at that time and if changes are allowed, they will be sent out through an Addendum to all Proposers. Exceptions to the City’s RFP document or standard boilerplate language, insurance requirements, terms, or conditions, etc. may only be considered during the early stage of the solicitation process; and shall not be included in the submitted proposals. The City makes no guarantee that any exceptions will be approved but will consider any requests put forward in the request for clarification/question process.

3.26 Green Purchasing Requirements:

https://media.api.sf.gov/documents/Policy_on_Nonprofit_Compliance_with_CA_AG_Charity_Registry_-_issued_2.7.23_1.pdf https://media.api.sf.gov/documents/Policy_on_Nonprofit_Compliance_with_CA_AG_Charity_Registry_-_issued_2.7.23_1.pdf

In preparation for any Proposal submitted in response to this Solicitation, Proposers are required to review the City Mandatory Green Purchasing Requirements to ensure all goods and services offered to City in response to this Solicitation comply with the City’s Green Purchasing Requirements. In addition, Proposers are encouraged to refer to the Professional Services Template, for additional details related to the Green Purchasing Requirements applicable to any contract awarded pursuant to this Solicitation.

3.27 Protected Health Information and Business Associate Agreement

The parties acknowledge that CITY is a Covered Entity as defined in the Healthcare Insurance Portability and Accountability Act of 1996 ("HIPAA") and is required to comply with the HIPAA Privacy Rule governing the access, use, disclosure, transmission, and storage of protected health information (PHI) and the Security Rule under the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005 (“the HITECH Act”).

The parties acknowledge that CONTRACTOR will:

1. Do at least one or more of the following:

A. Create, receive, maintain, or transmit PHI for or on behalf of CITY/SFDPH (including storage of PHI, digital or hard copy, even if Contractor does not view the PHI or only does so on a random or infrequent basis); or

B. Receive PHI, or access to PHI, from CITY/SFDPH or another Business Associate of City, as part of providing a service to or for CITY/SFDPH, including legal, actuarial, accounting, consulting, data aggregation, management, administrative, accreditation, or financial; or

C. Transmit PHI data for CITY/SFDPH and require access on a regular basis to such PHI.

(Such as health information exchanges (HIEs), e-prescribing gateways, or electronic health record vendors)

If applicable, for the purposes of this Agreement, Contractor is a Business Associate of CITY/SFDPH, as defined under HIPAA. Contractor must comply with and complete the following attached documents, incorporated to this Agreement as though fully set forth herein:

a. Appendix E SFDPH Business Associate Agreement (BAA) (10-01-2025)

2. NOT do any of the activities listed above in subsection 1;

Contractor is not a Business Associate of CITY/SFDPH. SFDPH Business Associate Agreement (BAA) (10-01-2025) and attestations are not required for the purposes of this Agreement.

3.28 Protected Health Information

Contractor, all subcontractors, all agents and employees of Contractor and any subcontractor shall comply with all federal and state laws regarding the transmission, storage and protection of all private health information disclosed to Contractor by City in the performance of this Agreement. Contractor agrees that any failure of Contractor to comply with the requirements of federal and/or state and/or local privacy laws shall be a material breach of the Contract. In the event that City pays a regulatory fine, and/or is assessed civil penalties or damages through private rights of action, based on an impermissible use or disclosure of protected health information given to Contractor or its subcontractors or agents by City, Contractor shall indemnify City for the amount of such fine or penalties or damages, including costs of notification. In such an event, in addition to any other remedies available to it under equity or law, the City may terminate the Contract.

3.29 Exclusion Lists and Employee Verification

Upon hire and monthly thereafter, Contractor will check the exclusion lists published by the Office of the Inspector General (OIG), General Services Administration (GSA), and the California Department of Health Care Services (DHCS) to ensure that any employee, temporary employee, https://docs.google.com/spreadsheets/d/1JzChoAuD86PsfP6eN_KJ1f1O0ZtWATb4qmJ0rCw66Hc/edit?gid=0#gid=0?

volunteer, consultant, or governing body member responsible for oversight, administering or delivering state or federally-funded services who is on any of these lists is excluded from (may not work in) your program or agency. Proof of checking these lists will be retained for seven years.

3.30 Prevention of Fraud, Waste and Abuse

Contractor shall comply with all laws designed to prevent fraud, waste, and abuse, including, but not limited to, provisions of state and Federal law applicable to healthcare providers and transactions, such as the False Claims Act (31 U.S.C. § 3729 et seq.), the Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)), the Physician Self-Referral Law (Stark Law, 42 U.S.C. § 1395nn), and California Business & Professions Code § 650. Contractor shall immediately notify City of any suspected fraud, waste, and abuse under state or federal law.

3.31 Participate In SFDPH Performance Improvement Process (PIP) And Monitoring

SFDPH requires vendors to participate in periodic and annual review of the contract deliverables.

SFDPH will work with the Contractor to select appropriate measurable data to use as a measure of satisfactory delivery of the service or products. This may include delivering various reports or data periodically to SFDPH.

SECTION 4: SCOPE OF WORK

4.1 Background:

The Department of Public Health (“City” or “DPH”) is requesting proposals from qualified firms (“Proposers”) to manage and operate a new childcare center (“Center”) near Zuckerberg San Francisco General Hospital (ZSFG). DPH is committed to provide a high-quality, well regarded Early Care Education (ECE) program to serve ZSFG employees, others employed by the City and County of San Francisco, and the community as space allows. The Center is located within .25 miles of ZSFG campus and will accommodate at least 50 children consisting of infants, toddlers, and preschoolers.

DPH is working in partnership with the San Francisco Department of Early Childhood (DEC) and the Service Employees International Union (SEIU) Local 1021 to plan, design and oversee the Center. We look forward to working with the selected firm to open an affordable and high-quality childcare center.

4.2 Scope of Work:

A. Center Specifications

The City is in the process of finalizing and executing a master lease agreement with the owner of the building in which the Center will be located. The information provided in this section is subject to change pending the execution of this agreement and the execution of a sublease agreement with the Contractor. Any substantive changes prior to the submission deadline for this RFP will be published in an addendum. Any substantive changes after the deadline will be addressed during contract development.

1. Center Overview

Located on the ground floor of a building within .25 miles of ZSFG, the Center is anticipated to have approximately 8000-9000 square feet of licensable program area with approximately 3500-4500 square feet of adjacent dedicated outdoor play area.

The Center will have one infant classroom, two toddler classrooms and one preschool room, and will include the following:

a. Reception area with a stroller storage area.

b. Conference/staff workroom

c. Director’s office

d. Kitchen, laundry room and storage

e. Student isolation space with adjoining toilet

f. Family Consultation/quiet room

g. Indoor soft play area

2. Parking

a. DPH plans to have a limited number of on-site parking spaces dedicated for the Contractor. The exact number will be determined prior to the start of operations at the Center.

b. Additional parking options near the Center include permitted parking at the hospital garage, paid off-site parking facilities, and street parking.

c. DPH will apply for loading zones to support child drop-off and pick-up if it is determined the existing on-site lot lacks the necessary capacity.

3. DPH Responsibilities

The responsibilities described below will be further detailed in a sublease with the Contractor. Responsibilities specific to standard utilities and services are included in the Draft City and Sublessee Responsibilities (Attachment N) for informational purposes only.

a. Startup Responsibilities: Prior to the start of operations at the Center, DPH will be responsible for the following:

i. Tenant Improvements. DPH has engaged an architecture firm to design the Center. The space will be constructed solely by DPH as detailed in the Draft Floor Plan (Attachment O). Tenant improvements will include most fixed furnishings, fixtures and equipment, including bathrooms, kitchen, and limited cabinetry. This excludes dispensers, consumable products and kitchen appliances including but not limited to refrigerators, stoves, and microwaves.

ii. Provision of the Heating, Ventilation, and Air Conditioning (HVAC) system.

iii. Provision of phone and data lines.

iv. Utility services are available and connected to the Building.

b. Ongoing Responsibilities: Upon the start of the operations at the Center, DPH will be responsible for the following:

i. Maintenance of the HVAC system.

ii. Maintenance of fixed bathroom and kitchen fixtures. This excludes dispensers, consumable products and kitchen appliances including but not limited to refrigerators, stoves, and microwaves.

iii. Maintenance of utility infrastructure serving the Building, except to the extent damage is caused by Contractor or Contractor's agents, employees, contractors, invitees, or licensees.

iv. Contractor requests for facility changes: DPH will respond to Contractor requests within ten (10) calendar days. These requests include but are not limited to changes to phone and data lines, the HVAC system, and fixed bathroom and kitchen fixtures.

4. Contractor Responsibilities

The responsibilities described below will be further detailed in a sublease with the Contractor. Responsibilities specific to standard utilities and services are included in the Draft City and Sublessee Responsibilities (Attachment N) for informational purposes only.

a. Startup Responsibilities: Prior to the start of operations at the Center, Contractor will be responsible for the following:

i. Phone and Internet Services: Setup and activation of phone and Internet services.

ii. Utilities: Setup and activation of utilities including but not limited to electricity, water, gas, sewer and trash.

b. Ongoing Responsibilities: Upon the start of the operations at the Center, Contractor will be responsible for the following:

i. Rent: $1.00 per year for the term of the contract. The Rent will be inclusive of property taxes, property insurance and equipment maintenance (which shall be defined as heating, cooling, plumbing, electrical, weatherproofing, and structural systems, but shall exclude interior finishes).

ii. Utilities: Costs of utilities including but not limited to electricity, water, gas, sewer and trash.

iii. Phone and Internet services: Cost of maintenance of phone and Internet services.

iv. Facility changes: The Contractor will submit any requests for changes to the physical building to DPH at least thirty (30) calendar days before the proposed change(s) and will not begin those change(s) without written approval by authorized personnel at DPH. These requests may include but are not limited to phone and data lines, the HVAC system, and fixed bathroom and kitchen fixtures.

v. Basic maintenance: All costs associated with the basic maintenance of the Center including but not limited to water, electricity, gas, sewer, garbage/recycling/composting and exterior maintenance of the designated outdoor play space, including grounds and lighting.

vi. Janitorial services: All costs associated with cleaning of the Center and the outdoor play area. The Contractor must maintain a clean and safe premises at all times.

vii. Security: All costs associated with an appropriate security system or guards to ensure safety of all occupants during hours of operation.

viii. Electric or gas consuming equipment: All costs associated with any equipment approved by DPH.

ix. Furniture. Installation and maintenance of all furnishings of the Center including children’s furniture, office furniture, and area rugs.

x. Office equipment. Installation and maintenance for all other equipment not listed above as part of Tenant Improvements, including office equipment such as copy machines, computers and office supplies.

xi. Operating supplies: All costs associated with other supplies including toys and books to operate the Center.

5. Center Start-Up Grant

The Center Start-Up Grant Program is…