RFP_LUSD27-LUS-6587 LRP Data Center Development Code Amendment~4.pdf

Rev. 7/2026 - Pro. Services

Request for Proposal No. LUSD27-LUS-6587

Data Center Development Code Amendment

San Bernardino County Land Use Services

385 N Arrowhead Avenue San Bernardino, CA, 92415

November 3, 2026

Purchasing Department

Request for Proposal Data Center Development Code

Amendment

No. LUSD27-LUS-6587

I. INTRODUCTION

A. Purpose

The San Bernardino County, Land Use Services Department (County), is seeking Proposals from interested and qualified Proposers to assist the County in advancing a development code amendment to introduce data centers and standards and restrictions to regulate and support the development of this use. This includes evaluating and developing land use and zoning regulations for the development and operation of data centers within the unincorporated San Bernardino County, including associated or supporting infrastructure necessary or generally associated with a data center including, but not limited to, on-site energy generation facilities, battery energy storage systems (BESS), and on-site wastewater treatment facilities. The selected Proposer will work with County staff to evaluate data center operations and impacts; assess siting, infrastructure, environmental, community compatibility, and economic considerations; review industry and regulatory best practices; and conduct stakeholder and community engagement for developing a comprehensive regulatory framework.

B. RFP Contact All correspondence, including Proposals and questions (no bid questions), must be submitted to the person identified below (RFP Contact):

San Bernardino County Land Use Services Department Attn: Vincent Acuna 385 North Arrowhead Avenue, 1st Floor San Bernardino, CA, Zip 92415 Vincent Acuna, Planning Manager, Vincent.Acuna@lus.sbcounty.gov, Proposals will not be accepted by email or facsimile (not bid questions). Proposals must be submitted electronically through the County Electronic Procurement Network (ePro). The completed and signed proposal must be received by the Deadline for Proposals specified in Section II – Proposal Timeline. All Proposers must register with the ePro system prior to the date and time to submit the proposal or they will be disqualified.

C. Reserved

D. Contract Term Services to be provided under this Request for Proposals (RFP) are outlined under Section V, Scope of Work. The Contract period will be for a maximum of 2 years beginning on April 1, 2027 and ending on March 31, 2029.

E. Location of Services Location(s) where Services are to be provided, completed and managed is generally from the Proposer's designated office location with in-person meetings occurring at the San Bernardino Government Center located at 385 North Arrowhead Avenue, San Bernardino, CA 92415, as needed.

The Proposer must include in Proposal, Attachment E – Fee Proposal Sheet(s), all transportation, lodging, and per diem costs sufficient to pay its personnel and travel to the aforementioned locations.

F. Assistance to Proposers with a Disability

Proposers with a disability may request accommodation regarding the means of communicating this RFP or participating in the procurement process. For more information, contact the RFP Contact no later than ten (10) days prior to the Deadline for Proposals.

II. PROPOSAL TIMELINE

mailto:Vincent.Acuna@lus.sbcounty.gov

Request for Proposal Data Center Development Code

Amendment

Release of RFP Tuesday, November 3, 2026, at 8:00 AM (PST)

Mandatory Proposal Conference Tuesday, November 17, 2026, at 3:00 PM (PST)

Deadline for Submission of Questions Tuesday, November 24, 2026, at 4:00 PM (PST)

Deadline for Proposals Tuesday, December 15, 2026, at 4:00 PM (PST)

Presentation/Demonstration Week of December 15, 2026

Date for Tentative Contract Award March 2027

Proposal Conference:

A mandatory Proposal conference will be held:

Tuesday, November 17, 2026, 3:00 PM – 4:00 PM (PST) Microsoft Teams meeting Join:https://teams.microsoft.com/meet/2696685009823001?p=WKdpALqgjBEuzh3rpa Meeting ID:269 668 500 982 300 1 Passcode:Ey2X4rc2

Dial in by phone +1 661-568-6806, Phone conference ID:322 758 889# United States, Santa Clara

Attendance at the conference is mandatory. No Proposal will be accepted from any Proposer who fails to attend the Proposal conference.

Questions regarding the contents of this RFP must be submitted in writing in ePro on or before the Deadline for Submission of Questions. All questions will be answered and both the question and answer will be posted as an Addendum to the RFP in ePro.

III. DEFINITIONS

Capitalized terms used in this RFP shall have the meanings given to them in the RFP and as defined below:

Board: The San Bernardino County Board of Supervisors.

Contract: The Contract between the County and the Proposer resulting from the award issued pursuant to this RFP to the successful Proposer.

Consultant: Any individual, company, firm, corporation, partnership or other organization to whom a contract award is made by the County.

Data Center: A facility, or part of a facility, that houses computing infrastructure, including graphics and central processing units, servers, storage devices, networking equipment, and associated power and cooling systems, for the primary purpose of processing, storing, or distributing electronic data.

Development Code: Title 8 of the San Bernardino County Code.

Facilitator: A County Purchasing Department buyer or designated individual tasked with managing the processes of the evaluation panel.

General Plan: The San Bernardino County Policy Plan, including all elements, adopted as a component of the Countywide Plan in compliance with Chapter 3, Division 1, Title 7 of the Government Code.

https://teams.microsoft.com/meet/2696685009823001?p=WKdpALqgjBEuzh3rpa

Request for Proposal Data Center Development Code

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Proposal: The offer to provide specific goods or services at specified prices and/or other conditions specified in the RFP.

Purchasing Agent: The Director of the County Purchasing Department.

Request For Proposal (RFP): The request for an offer from Proposers interested in providing the identified services sought to be procured by the County. The RFP specifies the evaluation factors to be used and contains or incorporates by reference contractual terms and conditions applicable to the procurement.

Services: The requested professional services described in this RFP.

Subcontractor: An individual, company, firm, corporation, partnership or other organization, not in the employment of or owned by Consultant who is performing services on behalf of Consultant under the Contract or under a separate contract with or on behalf of Consultant.

IV. PROPOSAL CONDITIONS

A. Authorized Signatures

All proposals must be signed by an individual authorized to bind the Proposer to the provisions of the

RFP.

B. Term of Offer

Proposals shall remain open, valid and subject to acceptance anytime within nine (9) months after the Proposal submission.

C. Required Review Proposers should carefully review this RFP for defects and questionable or objectionable material.

Comments from Proposers concerning defects and objectionable material in this RFP must be made in writing and received by the RFP contact prior to the deadline for submission of questions identified in Section II or at least ten (10) calendar days before the Deadline for Proposals (whichever occurs last).

This will allow issuance of any necessary amendments or addendums to the RFP. It will also help prevent the opening of a defective RFP and exposure of Proposals upon which an award could not be made.

Protests based on any omission or error, or on the content of this RFP, may be disallowed if not submitted in writing to the attention of the RFP Contact prior to the deadline for submission of questions identified in Section II or at least ten (10) calendar days before the Deadline for Proposals (whichever occurs last).

D. Incurred Costs

The County is not obligated to pay any costs incurred by Proposer in the preparation of a Proposal in response to this RFP. Proposers agree that all costs incurred in developing a Proposal are the Proposer’s responsibility.

E. Amendments/Addendums to RFP The County reserves the right to issue amendments or addendums to this RFP if the County considers that changes are necessary or additional information is needed.

Changes to a Proposal or withdrawal of a Proposal will only be allowed if a request is received prior to the Deadline for Proposals. No amendments or withdrawals will be accepted after the Deadline for Proposals.

F. Best Value Evaluation As established in this RFP, the County realizes that criteria other than price are important and will award contract(s) based on the Proposal that best meets the needs of the County.

G. Right of Rejection

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Offers must comply with all of the terms of the RFP, and all applicable local, state, and federal laws, codes, and regulations. The County may reject as non-responsive any Proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of the RFP.

Further, the County may reject a Proposal from any entity that is a parent, affiliate, or subsidiary, or that is under common ownership, control, or management with any other entity submitting a Proposal in response to this RFP.

A Proposer may not qualify the Proposal nor restrict the rights of the County. If Proposer does so, the Proposal may be determined to be a non-responsive counter-offer and the Proposal may be rejected.

No Proposal shall be rejected, however, if it contains a minor irregularity, defect or variation. If the irregularity, defect or variation is considered by the County to be immaterial or inconsequential, the County may choose to accept the Proposal.

Minor irregularities may be waived by the Purchasing Agent when they are any of the following:

1. Do not affect responsiveness;

2. Are merely a matter of form or format;

3. Do not change the relative standing or otherwise prejudice other offers;

4. Do not change the meaning or scope of the RFP;

5. Are trivial, negligible, or immaterial in nature;

6. Do not reflect a material change in the work; or

7. Do not constitute a substantial reservation against a requirement or provision.

In such cases the Proposer will be notified of the deficiency in the Proposal and given an opportunity to correct the irregularity, defect or variation or the County may elect to waive the deficiency and accept the Proposal. The decision to provide a waiver shall in no way modify or compromise the overall purpose of the submittal, nor excuse the Proposer from compliance with all requirements if awarded a Contract.

This RFP does not commit the County to award a contract. The County reserves the right to reject any or all Proposals if it is in the best interest of the County to do so. The County also reserves the right to terminate this RFP process at any time.

H. Local Preference

The San Bernardino County has adopted a Local Preference Policy. A local preference of five percent (5%) shall be applied in the cost evaluation of proposals or bids for goods, services, equipment, or a minor public work project, unless an exemption applies. In a price-based bid, five percent (5%) will be deducted from the local vendor’s proposed cost for the purpose of comparison when the local vendor’s proposed cost is not the lowest. If the local vendor’s bid is equal to or lower than the price of an otherwise successful non-local vendor after the 5% preference is applied, the local vendor will be given the opportunity to match the lowest quoted price. In a best value evaluation, five percent (5%) of the awardable points for cost will be added to the local vendor’s score. If the local vendor’s overall score is equal to or lower than that of an otherwise successful nonlocal vendor, the local vendor will be recommended for award.

“Due to the evaluation of qualitative elements along with cost in a best value evaluation, application of local preference for cost proposals may not result in award to a local vendor with the lowest cost after applying local preference.”

Local Vendor - A local vendor is any vendor, contractor or consultant (hereafter “vendor”) that meets all of the following requirements:

1. Vendor’s main office (headquarters) or a major regional office is located within the County;

2. Vendor employs a minimum of 25% of the vendor’s full-time management employees and 25% of its full-time regular employees working from the San Bernardino County location(s);

Request for Proposal Data Center Development Code

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3. Vendor employs one full-time or two part-time employees with primary residence in the County;

4. Vendor’s “point of sale” for purposes of reporting sales tax to the State Board of Equalization is within the boundaries of the County. The payment of any local share of sales tax must go to the County or a city within the County. If the local business has more than one sales office in the State of California, the office located in the County shall be the point of sale for sales tax calculation;

5. Vendor is not delinquent in any taxes or other payments to the County;

6. Vendor possesses a valid and verifiable business license (if required);

7. Vendor has been open and established for at least six months prior to the issuance of the solicitation;

8. Vendor can demonstrate on-going business activity in the field of endeavor on which they are proposing from that office during the preceding six months;

9. Vendor has not within five years prior to the solicitation admitted guilt or been found guilty by any court or state or federal regulatory enforcement agency of violation of any criminal law or any law or regulation regarding fraud;

10. Vendor is not federally debarred; and

11. Vendor is not suspended or debarred from participation in doing business with the County, in the scope of work that is the subject of the solicitation.

12. Local Vendor Self-certification – Documentation provided

Local Vendor self-certification form is required for any bid or proposal when a local preference is claimed affirming that it meets each of the above stated criteria, and signed by a vendor representative with the authority to obligate the company under penalty of perjury. (See Attachment)

I. Clarification of Offers In order to determine if a Proposal is reasonably susceptible for award, communications by the Facilitator for the evaluation panel are permitted with a Proposer to clarify uncertainties or eliminate confusion concerning the contents of a Proposal. Clarifications may not result in a material or substantive change to the Proposal. The evaluation by the panel may be adjusted as a result of a clarification under this section.

J. Public Records Act All Proposals and other material submitted become the property of the County and are subject to release according to the California Public Records Act (Government Code §7290.000). All Proposal information, including cost information, will be held in confidence during the evaluation and negotiation process.

Thereafter, Proposals are subject to becoming a non-exempt public record.

If a Proposer believes that any portion of its Proposal is exempt from public disclosure, it must indicate the specific portions believed to be confidential and not subject to disclosure on Attachment I - Public Records Act Exemptions. The Proposer also must include a brief description that sets out the reasons for exemption from disclosure. Each stated exemption must include a citation to supporting legal authority, including statutory authority or case law, to support exemption from the Public Records Act. Requested exemptions that do not meet the requirements of this section will not be considered.

The County will use reasonable means to ensure that such information is safeguarded, but will not be held liable for inadvertent disclosure of the information. Proposals marked “Confidential” in their entirety will not be honored, and the County might not deny public disclosure of any portion of Proposals so marked.

By submitting a Proposal with portions identified in Attachment I as “Confidential,” Proposer represents that it has a good faith belief that such portions are exempt from disclosure under the Public Records Act.

Proposer may be requested to obtain legal protection from disclosure should a Public Records Act request be received. In the event the County does not disclose the information marked “Confidential,” Proposer agrees to reimburse the County for, and to indemnify, defend (with counsel approved by County) and hold

Request for Proposal Data Center Development Code

Amendment harmless the County, its officers, employees, agents, and volunteers from and against any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs and expenses, including without limitation, attorneys’ fees, expenses and court costs of any nature arising from or relating to the County’s non-disclosure of any such designated portions of a Proposal.

K. Employment of Former County Officials Information must be provided in Attachment G regarding former County Administrative Officials (as defined below) who are employed by or represent Proposer. The information provided must include a list of former County Administrative Officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of Proposer and should also include the employment and/or representative capacity and the dates these individuals began employment with or representation of Proposer. For purposes of this section, “County Administrative Official” is defined as a member of the Board of Supervisors or such member’s staff, Chief Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

Failure to provide this information may result in the Proposal being deemed non-responsive.

L. Iran Contracting Act of 2010 In accordance with Public Contract Code section 2204(a), the Proposer certifies that at the time the Proposal is submitted, the Proposer signing the Proposal is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 (https://www.dgs.ca.gov/PD/Resources/Page- Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses) as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Proposers are cautioned that making a false certification may subject the Proposer to civil penalties, termination of an existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205. Proposer agrees that signing the Proposal shall constitute signature of this Certification.

M. Disclosure of Criminal and Civil Proceedings The County reserves the right to request the information described herein from the Proposer selected for Contract award. Failure to provide the information may result in a disqualification from the selection process and no award of Contract to the Proposer. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The selected Proposer may also be requested to provide information to clarify initial responses. Negative information provided or discovered may result in disqualification from the selection process and no award of Contract.

The selected Proposer may be asked to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of it partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Proposer will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the selected Proposer may also be asked to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses

Request for Proposal Data Center Development Code

Amendment individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Proposer will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

N. Debarment and Suspension; California Secretary of State Business Entity Registration Proposer certifies in Attachment D that neither it nor its principals or subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See Attachment D and the following United States General Services Administration’s System for Award Management website https://www.sam.gov). Proposer also certifies in Attachment D that if it or any of the subcontractors listed in the Proposal are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

O. Unsatisfactory Performance

Proposer affirms that it has no record of unsatisfactory performance with the County in the twenty-four

(24) month period immediately preceding the date of issuance of this RFP.

P. Final Authority The final authority to award a contract(s) as a result of this RFP rests solely with the County Board of Supervisors, or as delegated by the Board of Supervisors.

Q. Reserved

V. SCOPE OF WORK

A. BACKGROUND INFORMATION

Geographic Scale and Diversity

The County encompasses approximately 20,105 square miles and is the largest county by geographic area in the contiguous United States. The County includes diverse valley, mountain, and desert regions with significantly varying land use patterns, environmental conditions, infrastructure availability, and proximity to existing development.

Governance and Demographics

The County is governed by an elected five-member Board of Supervisors, managing a comprehensive public service organization that supports a resident population of approximately 2.2 million individuals.

Technological Integration and Environmental Stewardship

The County is actively monitoring the development and deployment of emerging technologies and evaluating their potential land use, infrastructure, environmental, and community impacts. It is a policy priority to evaluate how these advancements interact with local ecosystems. Given the County’s substantial geographic scale and diverse valley, mountain, and desert environments, the County seeks to establish appropriate siting considerations and regulatory standards that account for varying geographic conditions, infrastructure availability, environmental resources, and community characteristics to support the safe, compatible, and sustainable integration of emerging land uses.

https://www.sam.gov/

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B. PROJECT DESCRIPTION

The County is seeking proposals from qualified professional consulting firms with demonstrated expertise in land use and zoning regulation, particularly to introduce data centers and standards and restrictions to regulate large-scale, utility-intensive uses and emerging technologies related to data center development. The selected consultant will assist the County in evaluating data center development and associated or supporting infrastructure, including on-site energy generation systems, BESS, wastewater treatment facilities, and other related infrastructure, and in developing zoning standards and related regulatory amendments appropriate for the County.

The consulting firm will work collaboratively with the County to evaluate the operational characteristics and potential impacts of data centers; assess appropriate siting and infrastructure considerations; review industry practices and regulatory approaches employed by other jurisdictions; engage stakeholders and the public; and develop a comprehensive, practical, and enforceable regulatory framework that protects public health, safety, and general welfare while appropriately addressing this emerging land use.

Key responsibilities include:

• Siting and Infrastructure Considerations. Evaluate appropriate siting criteria and geographic considerations based on factors including availability of electric, water, wastewater, telecommunications, transportation, and emergency-access infrastructure; surrounding land uses; community compatibility; and environmental constraints/resource allocation issues (such as groundwater depletion, potential effects utility rates, etc.)

• Data Center Operations. Evaluate the various types, scales, and operational characteristics of data centers and their respective operations, including, but not limited to, cooling and heat dissipation systems, electrical and water demands, wastewater generation and treatment, backup and on-site energy generation.

• Regulatory Framework. Develop a comprehensive regulatory framework for data center development and associated or supporting infrastructure, including appropriate definitions and classifications, permitted locations and use regulations, development and performance standards, permitting requirements and processes, monitoring, compliance, enforcement and environmental clearance under the California Environmental Quality Act for the adoption of a regulatory framework.

• Potential Impacts. Evaluate relevant operational, environmental, infrastructure, and quality-of-life considerations, including noise, traffic, visual, air and water quality, heat dissipation and compatibility impacts with surrounding uses.

• Economic and Fiscal Considerations. Evaluate relevant economic and fiscal considerations associated with data center development and potential regulatory approaches to offset impacts.

The County seeks to complete this effort through a transparent, evidence-based, and legally defensible process that appropriately considers economic development opportunities while protecting public health and safety, infrastructure and utility capacity, environmental resources, community compatibility, and quality of life for County residents.

C. ADDITIONAL REQUIREMENTS

The Proposer may recommend refinements to the work sequence, but proposals must address each task below.

1. Project Management

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a. Conduct a kickoff meeting with County staff to confirm project goals, scope, deliverables, decision points, data needs, roles and responsibilities, schedule and communication protocols for the development of data center regulations.

b. Develop and maintain a project work plan and schedule; conduct regular coordination meetings with County staff to identify project tasks, assign tasks, review drafts, and track progress; prepare agendas and meeting summaries identifying decisions and action items; track progress and deliverables; and obtain County input at key decision points for the development of data center regulations.

c. Coordinate with County staff regarding stakeholder and public engagement strategies and activities, as appropriate, when developing data center regulations.

2. Source Review

a. Review the County Development Code, General Plan, other relevant County standards and ordinances, Countywide infrastructure and geographic information, and other materials relevant to data center development and associated or supporting infrastructure,

b. Review applicable federal and State laws, regulations, and regulatory requirements, including relevant environmental considerations, that may affect the development or regulation of data centers and associated or supporting infrastructure.

c. Conduct background research regarding data center types, scales, technologies, operational characteristics and associated infrastructure.

d. Review regulatory approaches, development standards, and industry practices employed by other jurisdictions, with emphasis on jurisdictions with comparable development patterns, environmental conditions, infrastructure constraints, or climate characteristics.

3. Siting Considerations

a. Evaluate examples of existing data center development and identify reoccurring siting, land use, infrastructure, environmental, and operational characteristics relevant to conditions within the

County.

b. Develop recommended siting criteria and considerations that may influence data center development, including electrical infrastructure and capacity, water availability and demands, wastewater infrastructure and treatment capacity, transportation and emergency access, telecommunications infrastructure, environmental resources and constraints, and other relevant geographic or infrastructure conditions.

c. Evaluate potential operational impacts of data center development including, but not limited to, light pollution, traffic, visual impacts, energy and water supply and demand, air and water quality, noise, building and site design, land disturbance, heat dissipation, and other physical and operational constraints.

d. Review County geographic information systems (GIS), infrastructure information, and other available data to support an assessment of existing conditions and the development of appropriate siting criteria.

e. Identify whether distinctions among data center types, scales, operational characteristics, utility demands, or associated infrastructure warrant different siting, permitting, or development standards.

4. Development Code Amendment

The consultant is expected to develop recommended standards and amendments to the Development Code to establish a comprehensive regulatory framework for data center development and associated or supporting infrastructure based on the preceding tasks, review of best practices from other

Request for Proposal Data Center Development Code

Amendment jurisdictions, and feedback from County staff and stakeholders to tailor amendments to the Development Code that are appropriate for the scale and needs of the County, including its residents and industry partners. As part of the recommended Development Code amendment, the consultant will prepare an appropriate environmental analysis consistent with the California Environmental Quality Act. The recommended regulatory framework may also involve changes to the General Plan and its associated environmental analysis. Best practice in the context of this scope of services are defined as follows:

a. Work standards, guidelines or ideas that will provide the most efficient or prudent course of action to revise, manage, and enforce the County’s General Plan and Development Code.

b. Practices identified through data center industry research on development, architectural, and sustainability standards and researching, local, national, and international governing authorities on best practices to regulate data center facilities with nearby uses.

c. Practices based on data center technology and engineering designs that impact the surrounding community or environment.

d. Recommended practical, measurable, and enforceable development and performance standards addressing, as appropriate, setbacks, landscaping, screening and buffering, building placement, parking and loading areas, mechanical equipment, noise, heat dissipation, water use, wastewater, energy infrastructure, emergency access, and other relevant site design or operational considerations.

e. Recommended practical, measurable, and enforceable standards addressing compatibility between data centers and adjacent or nearby sensitive or community-serving land uses, including residential, institutional, recreational, and similar uses.

7. Community Benefit Program

a. Evaluate community benefit approaches utilized or under consideration by other jurisdictions in connection with data center development and recommend legally and practically feasible approaches appropriate for consideration by the County that addresses, but is not limited to, the following:

i. Measures addressing potential utility and infrastructure impacts associated with significant energy demand;

ii. Water conservation and measures to minimize or mitigate water demand;

iii. Mechanisms for addressing costs attributable to data center development, including appropriate regulatory or inspection fees and other legally permissible funding mechanisms;

iv. Measures encouraging or requiring, where legally permissible, clean or lower-emission energy sources and technologies to reduce environmental and community impacts;

v. Potential workforce and economic-development measures, including living-wage and local-hire objectives, where legally permissible and appropriate; and

vi. Identify the legal, administrative, economic, and implementation considerations associated with recommended community benefit measures.

8. Public Relations and Community Engagement

The firm will be expected to:

a. Develop and implement, in coordination with County staff, a community education and outreach campaign, that is culturally competent and inclusive of multiple languages, to inform residents regarding data center development, associated infrastructure, potential impacts, existing County regulatory authority, and the County’s consideration of potential regulatory approaches. This

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Amendment campaign should include subject matter experts attending community meetings, and hosted information sessions to collect community feedback on data centers and associated infrastructure.

b. Engage relevant stakeholders, which may include residents, labor representatives, industry representatives, utility and infrastructure providers, environmental organizations, and technical subject matter experts.

c. Summarize and incorporate relevant public and stakeholder input into the Consultant’s analysis and recommendations, including recommendation regarding land use regulations, development standards, community protections, and associated environmental review.

VI. PROPOSAL SUBMISSION

A. General

1. All interested and qualified Proposers are invited to submit a Proposal for consideration. Submission of a Proposal indicates that the Proposer has read and understands the entire RFP, including all appendixes, attachments, exhibits, schedules, and addenda (as applicable) and that all concerns regarding the RFP have been resolved.

2. Proposals must be received by the designated date and time. All proposers must register with the ePro system prior to the date and time to receive the proposal or they will be disqualified. Late or incomplete proposals will not be accepted. System-related issues in ePro shall be directed to the Purchasing Department at (909) 387-2060. For procurement questions involving ePro, please contact the RFP Contact identified in Section I, Paragraph A - Purpose.

3. The Proposer acknowledges that its electronic signature is legally binding. Submittals in ePro will be opened from the system’s encrypted lock box after the deadline and evaluated as stated in this RFP.

4. Reserved

5. For proposals submitted through ePro, the Proposer shall not include Attachment E, “Fee Proposal Sheet(s)”, as part of the proposal submittal, but instead shall upload Attachment E as a separate attachment, clearly labeled. The proposal and Attachment E must be received (separately) on or before the Deadline for Proposals in the manner described in Section 1, Paragraph B. Failure to comply with this requirement shall disqualify the Proposer.

6. Reserved

7. Proposals must be submitted in the format described below. Proposals are to be prepared in such a way as to provide a straightforward, concise description of capabilities to satisfy the requirements of this RFP.

8. Proposals must be completed in all respects as required in this section. A Proposal may not be considered if it is conditional or incomplete.

B. Proposal Format Responses to this RFP must be in the form of a Proposal package, which must be submitted in the following format:

1. Presentation

Format the Proposal to fit on an 8-½ v 11 sheet of paper with margins of at least ¾ inches. Text should be single spaced and font size should be no smaller than 11 points. Each page, including attachments, must be clearly and consecutively numbered.

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2. Cover Page Use Attachment A as the cover page.

This form must be fully completed and signed by an authorized officer of the Proposer.

3. Table of Contents All pages of the Proposal, including the enclosures, must be clearly and consecutively numbered and correspond to the Table of Contents.

4. Statement of Certification

Include the following on Attachment B:

a. A statement that the offer made in the Proposal is firm and binding for nine (9) months from the

Deadline for Proposals.

b. A statement that all aspects of the Proposal, including cost, have been determined independently, without consultation with any other Proposer (competitor) for the purpose of restricting competition.

c. A statement that all declarations in the Proposal and attachments are true and that this shall constitute a warranty, the falsity of which will entitle the County to pursue any remedy by law.

d. A statement that the Proposer agrees that all aspects of the RFP and the Proposal submitted shall be binding if the Proposal is selected and a Contract awarded.

e. A statement that the Proposer agrees to provide the County with any other information the County determines is necessary for an accurate determination of the Proposer’s ability to perform the Services as proposed.

f. A statement that the Proposer, if selected will comply with all applicable rules, laws and regulations.

g. A statement that the Proposer has reviewed the RFP and General Contract Terms in their entirety and have no exceptions to any requirements, terms or conditions, except as noted in Attachment H.

5. Statement of Experience and Qualifications

Include the following in this section of the Proposal:

a. Business name of the Proposer and type of legal entity such as corporation, partnership, etc. If

Proposer is a business entity that must be registered with the California Secretary of State, Proposer shall provide the County the entity number assigned to it by the Secretary of State.

b. Number of years the Proposer has been in business under the present business name, as well as related prior business names.

c. Statement that the Proposer does not have any commitments or potential commitments that may impact the Proposer’s ability to perform the Contract, if awarded.

6. Licenses, Permits, and/or Certifications

Provide copies of all licenses, permits and/or certifications in Attachment C as required under Section X. TERMS AND CONDITIONS Paragraph A, 21.

7. Reserved

8. Project Team Organization Chart

Provide an organization chart illustrating the project team, and clearly show the organization of the team and the hierarchy of the members. It must include:

a. Organizational framework for the proposed project team.

b. Company name and staff name for each role identified in the chart.

c. Resumes of key personnel, including qualifications, education and project experience.

9. Proposal Description

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The Proposal should include the following:

a. A brief synopsis of the Proposer’s understanding of the County’s needs and how the Proposer plans to meet them.

b. A detailed statement of the proposed Services.

c. An explanation of any assumptions or constraints.

10. Work Plan and Schedule

Include the following:

a. Summary of management/work plan for this Project.

b. Project schedule.

11. Certification Regarding Debarment or Suspension

Complete Attachment D.

12. Cost Complete proposed pricing on Attachment E and enclose it in a separately sealed and labeled envelope to be submitted as part of the Proposal.

13. References Provide three (3) references from other entities, preferably public agencies, of same or similar size as the County, with whom you have established a contract on a project of this nature. Provide Contact Name, Address, Phone Number, email, and dates Services were provided on Attachment F.

14. Former County Officials Complete Attachment G.

15. Exceptions to RFP Complete Attachment H.

16. Public Records Act Exemptions Complete Attachment I – Public Records Act Exemptions if applicable.

17. Indemnification and Insurance Requirements Affidavit Submit evidence of ability to insure as stated in Section X, Paragraph B – Indemnification and Insurance Requirements. Proposer must complete and submit Attachment J – Indemnification and Insurance Requirements Affidavit, and ensure the form is complete, including the signature from Proposer’s insurance broker/agent.

18. Conflict of Interest Complete Attachment L – Conflict of Interest and Political Reform Act Obligations.

VII. EVALUATION

Proposals will be subject to an Initial Review to confirm responsiveness, by determining whether each Proposal includes the stipulated content, required certifications or licensing, etc., and is presented in the required format, in order for the Proposal to advance for evaluation. Any reasonable person reviewing for responsiveness must be able to ascertain that the Proposal meets these requirements.

The evaluation process includes the following categories, and may include additional specific criteria.

Likewise, the listed considerations are possible considerations, and may not be the only factors involved in the evaluation.

A. QUALIFICATIONS AND EXPERIENCE

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Weight: 35 points

Considerations:

• Proposer background and reputation

• Qualifications of the project team

• Experience with local approval agencies

• Experience with working on government-bid projects

• Experience with similar services and entities

B. RESERVED

C. TECHNICAL REVIEW

Weight: 35 points

Considerations:

• Statement of understanding of the County’s needs

• Work plan

• Scheduling

• Technical specifications and functionality

• Quality control

• Training

• Adequacy of support staff and subcontractors

• Risk management

• Value-added aspects

D. REFERENCES

Weight: 15 points

Considerations:

• Satisfactory performance of similar work

• Demonstrated knowledge and expertise

• Work product

• Quality of interactions

• Capability of assigned team members

• Likelihood of continued use

E. INTERVIEW, PRESENTATION, OR DEMONSTRATION

Weight: 15 points

Considerations:

• Content conveyed or demonstrated in person to the evaluation panel

• Proposer demonstrated a clear understanding of the County’s needs

• General organization of the presentation or demonstration

• Proposer’s ability to answer questions posed by the County

• Proposer inspired confidence in the project plan or team

The County may, at its sole discretion, create a shortlist of Proposals for further evaluation; require an oral interview, presentation, or demonstration; and utilize outside experts to assist in the evaluation process.

The County will establish an evaluation panel with responsibility for reviewing all Proposals and conducting the qualifications evaluation. A Facilitator will manage the integrity of the qualifications evaluation process and will not be a voting member of the evaluation panel. An initial meeting will be scheduled and held with

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After the initial meeting, evaluators will independently review and score the Proposals. The evaluation panel will then convene again to discuss the individual scores to resolve questions and to discuss the basis for individual scores, but not for the evaluators to agree upon scoring. At the end of this discussion, each evaluator will be given an option to revise his/her scores.

Evaluators will make independent determinations for scores, including review and understanding of any additional information obtained by the group discussion. In the event a score is revised, the evaluator will document the new score and provide comments to support the revision.

If clarifying information is needed at any point, the Facilitator will contact Proposer(s) to obtain the necessary information. The Facilitator will then provide the information to the evaluation panel electronically or verbally, as appropriate.

If the qualifications evaluation process includes components such as oral interviews, product demonstration, and/or site visits, the Facilitator will coordinate those with evaluators. Individual scoring and any subsequent evaluation panel meetings with respect to such components must be conducted.

Once all scorings are finalized and documented, the Facilitator will create a final qualifications evaluation scoring worksheet and rank the proposals first, second, third, etc.

Following the qualifications evaluation and ranking of the proposals, the Facilitator will open all fee proposals.

The ranking of the proposals will not be altered once the fee proposals have been opened. However, the fee proposals will be used during negotiations with the selected Proposer(s).

VIII. NEGOTIATIONS AND NOTICE OF INTENT TO AWARD

The County may require the potential Proposer(s) selected to participate in negotiations. This may include cost, technical, or other clarifications needed to make a decision.

A. Contract Negotiation

After selection, negotiations may be conducted with the Proposer(s) of the highest-ranked Proposal(s).

Negotiations, if held, shall be within the scope of work in the request for Proposals.

If the contract negotiations take place in San Bernardino County, California, the Proposer will be responsible for its travel and per diem expenses of its personnel.

B. Failure to Negotiate

If the selected Proposer:

1. Fails to provide the information required to begin negotiations in a timely manner; or

2. Fails to negotiate in good faith; or

3. Indicates it cannot perform the Contract within the budgeted funds available for the services; or

4. If the Proposer and the County, after a good faith effort, simply cannot come to terms;

Then the County may terminate negotiations with the Proposer initially selected and commence negotiations with the next highest ranked Proposer.

C. Notice of Intent to Award (NOIA) – Proposer Notification of Selection

After the completion of Contract negotiations a written or electronic Notice of Intent to Award (NOIA) and denial letters (or a copy of the NOIA) will be issued to all Proposers. The issuance date of the NOIA is

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Amendment the date the NOIA was delivered by email or into the care of the United States Postal Service for delivery to the Proposer.

D. Reserved

E. Award

A Contract will be awarded based on a competitive selection of Proposals received. The contents of the Proposal of the successful Proposer will become contractual obligations and failure to accept these obligations in a Contract may result in cancellation of the award.

IX. APPEAL AND AWARD

In the event a dispute arises concerning the Proposal process prior to the award of the Contract, the Proposer raising the dispute shall submit a request for resolution in writing to the Purchasing Agent. Proposer may appeal the recommended award or denial of award (Protest), provided the Protest:

1. Is submitted in writing.

2. Is submitted within ten (10) calendar days of the issuance date of the NOIA.

A Protest can only be brought on the following grounds:

1. Failure of the County to follow the selection procedures and adhere to requirements specified in the RFP or any addenda or amendments.

2. Violation of conflict of interest as provided by California Government Code Section 87100 et seq.

3. Violation of State or Federal law.

Protests will not be accepted for any other reasons than those stated above. All Protests must be sent to:

Stephenie Shea, Acting Director of Purchasing

Purchasing Department 777 E. Rialto Avenue San Bernardino, CA 92415-0760

Upon receipt of the formal Protest, the Purchasing Agent, or his/her designee, will attempt to resolve the Protest. A Protest shall be disallowed when, in the judgment of the Purchasing Agent it has been submitted:

(1) as a delay tactic; (2) for the purpose of posturing the Proposer advantageously for future procurement;

(3) in a form that deviates from the one prescribed; (4) without adequate factual basis or merit; or (5) in an untimely manner.

The Purchasing Agent shall make a decision concerning the appeal, and notify the Proposer submitting the Protest, within a reasonable timeframe prior to the tentatively scheduled date for…