RFP_No._902798_Forensic_Patholgy_Services.docx

COUNTY OF ALAMEDA

REQUEST FOR PROPOSAL No. 902798 for

FORENSIC PATHOLOGY SERVICES

For complete information regarding this project, see Request for Proposal (RFP) posted at County of Alameda Procurement Portal [https://procurement.opengov.com/portal/acgov] or contact the County Thank you for your interest!

Contact Person: P. Biondi Phone Number: (510) 208-9613 Email Address: p.biondi@acgov.org General Services Agency (GSA) – Procurement

RESPONSE DUE

by 2:00 p.m.

on October 15, 2026 through Alameda County, GSA-Procurement County of Alameda Procurement Portal https://procurement.opengov.com/portal/acgov

CALENDAR OF EVENTS

FORENSIC PATHOLOGY SERVICES

TO ATTEND ONLINE PLEASE CLICK ON THE LINK BELOW:

RFP No. 902798 Bidder's Conference Meeting ID: 273 613 305 082 497 Passcode: Ez7xn2cy Dial in by phone +1 415-915-3950 Phone conference ID: 211 035 899# Join on a video conferencing device Tenant key: alamedacountyca@m.webex.com Video ID: 117 072 576 2

Written Questions Due via the “Question & Answer” tab of this project in the

September 17, 2026 by 5:00 p.m.

Response Due and Submitted through

October 15, 2026 by 2:00 p.m.

Followed immediately by online Public Bid Opening which can be joined by clicking the link below:

Microsoft Teams meeting Join: Public Bid Opening RFP No. 902798 Forensic Pathology Services Meeting ID: 281 354 650 035 596 Passcode: ow7Ds2Cb Dial in by phone +1 415-915-3950 Phone conference ID: 104 297 791# Join on a video conferencing device Tenant key: alamedacountyca@m.webex.com Video ID: 117 691 431 2

NOTE: All dates are tentative and subject to change.

Alameda County Vendor Outreach Wednesday, September 9, 2026 10:30 a.m. – 11:30 a.m.

TO ATTEND ONLINE:

Vendor Outreach Call-in: +1 415-915-3950 Conference ID: 504 517 635#

COME MEET ALAMEDA COUNTY’S

PROCUREMENT TEAM!

This public event is not specific to any RFP, where vendors can speak with GSA professionals, get to know them, and learn more about contracting opportunities with the County.

These are conducted on most Wednesdays. Dates and locations can be confirmed by checking at Upcoming Events [https://gsa.acgov.org/do-business-with-us/upcoming-contracting-events/]

SPECIFICATIONS, TERMS & CONDITIONS

for

FORENSIC PATHOLOGY SERVICES

TABLE OF CONTENTS

Page

ATTACHMENTS

EXHIBIT A Bid Response Packet

STATEMENT OF WORK

INTENT

It is the intent of these specifications, terms, and conditions to describe forensic pathology services being requested by the County.

The County intends to award a three-year contract (with the option to renew for two years) to a pool/multi-award of up to three bidders selected as the most responsive and responsible Bidders whose response conforms to the RFP and meets the County’s requirements.

Vendors who were awarded under Master Contract No. 902692 for Forensic Pathology Services are NOT required to submit a response to this RFP, as their existing contract remains in effect.

SCOPE/BACKGROUND

The Alameda County Sheriff’s Office (ACSO) Coroner’s Bureau is mandated by law to provide pathology services pursuant to Government Code § § 27491, §27491.25, and §27491.4. ACSO Coroner’s Bureau must contract with certified forensic pathologists who are qualified to provide these services to determine the cause and manner of all sudden and unexplained deaths in the County of Alameda. The position of forensic pathologist is a crucial, unique, and highly specialized position that requires significant training in addition to being a licensed medical doctor. The ACSO-Coroner’s Bureau performs an estimated 1,200 autopsies and related toxicology services annually. The contractor(s) will be required to provide services for this contract on an as-needed basis.

BIDDER QUALIFICATIONS

BIDDER Minimum Qualifications Bidder must be regularly and continuously engaged in the business of providing forensic pathology services and medical death investigation for at least one year, or completion of a forensic pathology fellowship which must be clearly stated or demonstrated in the bid response.

Bidder must hold a current, active, unrestricted license issued by the Medical Board of California or Osteopathic Medical Board of California. Assigned pathologist must be a certified by the American Board of Pathology pursuant to Division 2, commencing with section 500 of the California Business and Professions Code - § BPC 500 which must be clearly demonstrated in the bid response packet, such as providing a copy of the certification.

Bidder must possess all permits, licenses, and professional credentials necessary to supply products and perform services specified under this RFP. Unless noted otherwise in the RFP, for example the item(s) stated above, including any Addendum, Bidder is not required to submit copies or verification of the permits, licenses and credentials; however, Bidder must provide such proof if requested by County.

SPECIFIC REQUIREMENTS

Contractor must perform the following requirements:

1. Provide timely, independent, complete, accurate, secure, and legally defensible forensic pathology services that reliably determine and document cause and manner of death, preserve evidence and confidentiality, comply with applicable law and professional standards, and maintain sufficient capacity for routine, urgent, and mass-fatality assignments

2. Perform services in a professional manner.

3. Continuously hold throughout the term of the contract resulting from this RFP, a current and valid license to practice medicine issued by the Medical Board of California or the Osteopathic Medical Board of California pursuant to Division 2, commencing with Section 500 of the Business and Professions Code.

4. Have completed a training program in anatomic pathology accredited by the Accreditation Council for Graduate Medical Education (ACGME) (https://www.acgme.org/), or equivalent.

5. Have completed an ACGME-accredited Forensic Pathology fellowship or have had at least one year of supervised training under the supervision of a forensic pathologist certified by the American Board of Pathology.

6. Have at least one year of experience in the practice of forensic pathology or medicolegal death investigations. A forensic pathology fellowship can count towards this requirement.

7. Perform professional and medical services as a health care entity organized as a sole proprietorship, partnership, or professional corporation as defined in Section 13401 of the California Corporations Code CA Corp Code 13401.

8. Notify the County in writing within one (1) business day after learning of any expiration, restriction, investigation, disciplinary action, suspension, or other change affecting the Contractor’s certification, permits, licenses, or professional credentials, privileges, or ability to perform, including without limitation, a license to practice medicine necessary to supply and perform services under the contract. Affected personnel must immediately cease County work unless authorized in writing.

9. Perform professional services for autopsies or examinations when requested by the County for the purpose of investigating and determining the cause of death in compliance with all California laws, including California Government Code § 27491, §27491.25, and §27491.4.

10. Additional professional services that may be requested include but are not limited to the following:

a. Record Review.

(1) Review of investigative narrative and/or medical records for non-removal cases – cases where decedents are not brought to the office for examination

(2) Review of prior coroner cases and/or additional investigative information performed by another pathologist at the request of the County.

b. Inspection/External Examination with report – autopsy protocol

(1) External examination of the body.

(2) Collection of bodily fluids, including by aspiration of swab.

c. Limited Autopsy – limited autopsy includes:

(1) Any incision into a targeted area of the body to examine tissues for diagnostic purposes and/or to recover evidence.

(2) Histology – The applicable autopsy price includes up to nine histology slides. Slides beyond nine may be billed only per additional slide at the Bid Form rate after documented County approval, except when immediate preparation is medically necessary and promptly documented..

d. Full Autopsy includes:

(1) External examination and internal examination of the head, neck, chest, abdomen, pelvis, and extremities when present.

(2) Histology – if histology exceeds nine slides, additional payment is subject to approval by the County Coroner per the Contractor’s histology premium cost.

e. Complex Autopsy – complex autopsy includes:

(1) Sudden unexpected death in infants or children.

(2) Multiple gunshot wound trajectories of three or more – one entrance or re-entry to an exit point of lodgment.

(3) Multiple stab/incise wounds of three or more.

(4) Complex asphyxia mechanism associated with additional inflicted injuries such as blunt injuries or sexual assault.

(5) Custody related deaths – deaths due to or suspected to be from direct involvement of a law enforcement activity requiring extra workup and/or additional evaluation.

(6) Elder abuse or neglect.

(7) Child abuse or neglect.

(8) Instances not enumerated above but defined as complex by the County Coroner or Coroner’s designee.

f. Daily Rates – for complex or unusual circumstances, as determined by the ACSO unit commander. Services may include but are not limited to the following:

(1) Organ Procurement – ACSO does not procure organs. The Coroner’s Bureau helps facilitate organ procurement according to California Health and Safety Codes § 7151.15 () and 7151.20 (California Code, HSC 7151.20.) by communicating / coordinating with the organ procurement organization. The daily rate is based on a pathologist attending the procurement of organs if necessary, as determined by the ACSO Chief Pathologist or Unit Commander.

(2) Scene Response

(a) Respond to death scenes and provide consultation to the County Coroner when requested.

(b) Communicate with County Coroner staff and local hospitals to review requests for organ donation and/or oversee organ recovery, if instructed to do so by the County Coroner. In the event the Contractor is required by the County to physically respond to examine a potential donor, Contractor will be compensated based on the Scene Response Rate entered into the Bid Form by the Bidder for this RFP.

(3) Extensive dismemberment and/or complex injuries as determined by the ACSO chief pathologist or unit commander.

g. Provide the County Coroner with a signed and dated statement of the medical cause of death in all cases requesting the Contractor’s services.

h. For all cases submitted to the Contractor for determination of the cause of death, Contractor must provide the County Coroner with the cause of death within two weeks of submission of the case to the Contractor, or a reason why the cause of death has been deferred. Contractor must provide regularly scheduled updates on all deferred cause of death determinations on a schedule to be determined by the County.

i. Provide services during regular working hours, Monday through Friday, 8:00 a.m. to 5:00 p.m., with the schedule to be determined by mutual agreement between the Contractor and the County Chief Forensic Pathologist.

j. Provide adequate and complete forensic pathology services in keeping with the public need, legislative mandates, and accrediting professional standards that the County has adopted.

k. To properly manage and ensure sufficient access to equipment, facilities, supplies, and personnel that the Contractor requires to fulfill the obligations of the services required for this contract, Contractor must coordinate with the County Coroner or Chief Forensic Pathologist on scheduling services to be performed by the Contractor at Alameda County Coroner’s Bureau (ACCB) facilities.

l. Provide consultation and recommendations to the County Coroner or Chief Forensic Pathologist for additional services deemed necessary to determine a cause of death and/or identification of a decedent. Such recommendations must include, but not be limited to, the following:

(1) Toxicology

(2) Bacteriology

(3) Immunohistochemistry studies

(4) X-rays

(5) Odontology

(6) Anthropology

(7) Other ancillary services needed to determine the cause of death and/or identification of a decedent.

Additional services must be arranged by the Contractor and approved by the County Coroner or the Chief Forensic Pathologist.

m. Be available for consultation over and above the written report when requested by the County Coroner with respect to samples submitted and/or manner of death for a decedent.

n. Perform autopsies and generate autopsy reports in compliance with the National Association of Medical Examiners forensic autopsy performance standards, inspections, and accreditation checklist Inspection and Accreditation Checklist.

DELIVERABLES / REPORTS

The County Coroner shall provide the following:

Provide at no expense to the Contractor, all equipment, facilities, supplies, and personnel which the County Coroner and Contractor reasonably agree are needed for the Contractor to fulfill their obligations under this contract. Contractor may utilize their own equipment and supplies at their own expense. Additionally, when needed, X-rays will be taken by the County Coroner’s staff to accompany case files assigned to the Contractor.

Transcribe into typewritten form Contractor’s audio recordings of each autopsy performed by the Contractor if dictation services are used, including autopsy report pickup and delivery as needed.

Maintain a record that clearly documents the name, date, and time that any person handles, inspects, analyzes, stores, or transports biological samples, microscopic slides, x-rays, or evidence.

Retain control of all biological samples, microscopic slides, X-rays, or evidence taken during an autopsy performed by the contractor.

Pick up and analysis of all specimens will be the responsibility of the County Coroner’s staff.

Retain records according to County retention policies.

The Contractor must provide the following:

1. Complete autopsy reports within 60 calendar days from the time of the autopsy request, unless mutually agreed to. If the ancillary testing, consultation, investigative information, etc., have not been completed, and the autopsy completion is past the 60-day deadline, it must not exceed an additional deadline of 15 calendar days. ACCB staff reserve the right to request an explanation for any delays.

2. Contractor must comply with guidelines regarding the timely completion of reports, which will include, but are not limited to, the following:

a. A report is complete when the postmortem examination is complete, any and all necessary ancillary studies have been reported and reviewed, the cause of death has been determined, and the postmortem examination report has been signed, dated, and submitted by the Contractor to the County and accepted by the County.

b. The Chief Forensic Pathologist may reject or request additional work on reports that do not meet the contract requirements. This includes rejecting or requesting additional work on a report that is not completed in a professional manner, typographical errors, formatting issues, or that otherwise does not comply with the contract requirements.

c. The County Coroner’s Office may not approve of payment or invoices for reports that are not completed or accepted.

3. Make an audio recording or submit an electronic written report commonly referred to as an autopsy protocol of each autopsy the Contractor performs.

4. Take written notes for each autopsy performed, which, along with the review of photographs and other records, could be used as a basis for report generation if the dictation system being used for the autopsy fails, or dictated tapes become lost or damaged, and/or the autopsy report draft is lost. All written notes for each autopsy must be retained in the corresponding file for that autopsy.

5. Use the standard cover page template provided by ACCB as determined by the ACSO Chief Pathologist or Unit Commander as part of the submitted autopsy report. ACSO to finalize this cover page template and issue to contractor upon award of the contract.

6. All autopsy reports must include the following components:

a. Cause of death statement

b. Listing of diagnosis or summary case findings

c. Opinions regarding cause of death

d. Description of external and internal findings

e. External and internal evidence of injury

f. Review of organ systems

g. A written list/catalog of histology sections taken, when appropriate, designating the organ or autonomic site from which the section was obtained.

h. Diagnoses or conclusions arrived at by microscopic examinations included in the list of diagnoses, a summary of case findings, opinion section, or microscopic evaluation section.

7. Document pertinent external and internal findings photographically.

8. Document pertinent findings in suspected homicides photographically.

9. Collect and/or direct the collection and labeling of all specimens and evidence during an autopsy.

10. Maintain a record of toxicology samples, histology, specimens, X-rays, and other evidence collected during the autopsy as per autopsy protocol. The Alameda County Coroner’s Bureau utilizes two different modes of electronic record keeping system that maintain records of all case-related materials for each Coroner’s case. The coroner’s bureau maintains and provides computerized software “CME” hosted by Vertique for the Contractor(s) to use.

11. Keep information related to each decedent in strict confidence. Contractor will not publish, reproduce, or otherwise divulge information in any form, in whole or in part, or authorize or permit others to do so. Contractor will take measures to restrict access to information only to those individuals, such as consultation with professional colleagues, descendant family members, law enforcement, or witnesses, who might require this information to assist in the completion of the autopsy report. The Contractor will promptly inform the County Coroner of any breach of confidence of decedent information.

12. The Contractor will be allowed to communicate findings with civil or criminal defense attorneys, including their staff and retained consultants, who have authorization from the decedent’s legal next of kin or who have obtained a valid court order; law enforcement agencies; decedent family members, insurance companies; or treatment personnel including physicians, nurses, emergency service personnel; organ and tissue procurement agencies; mortality review committees; or public health and safety agencies. The communication will be subject to state and federal law regulations and must not compromise any ongoing investigation by the County Coroner, District Attorney, or any other law enforcement agency.

13. Contractor is permitted to publish de-identified medical findings, including photographs, in professional journals or scholarly forums according to current laws and policies.

14. Attend the following meetings if requested to do so by the County Coroner:

a. Manner of Death Committee to be conducted by the County Coroner.

b. Child Death Review Committee to be conducted by the County Coroner.

c. Domestic Violence Review Committee to be conducted by the County.

d. Other meetings that me be deemed appropriate by the County.

15. Participate in the Quality Assurance Program as directed by the Chief Forensic Pathologist.

16. Consult on any County Coroner’s case as may be requested by the County Coroner. Any work performed by the Coroner will be per the Contractor’s Record Review cost.

17. Contractor may be required to respond to “as needed” incidents such as mass fatalities which fall outside the Contractor’s mutually agreed upon schedule and the ACCB regular working hours.

BIDDERS CONFERENCE(S)/VENDOR OUTREACH

The Bidders Conference(s) held on the date(s) specified in the Calendar of Events will have online conference capabilities for remote participation. Bidders can opt to participate via a computer with a stable internet connection (the recommended Bandwidth is 512Kbps) at:

RFP No. 902798 Bidder's Conference Meeting ID: 273 613 305 082 497 Passcode: Ez7xn2cy Dial in by phone +1 415-915-3950 Phone conference ID: 211 035 899# Join on a video conferencing device Tenant key: alamedacountyca@m.webex.com Video ID: 117 072 576 2

1. Vendor Outreach is usually conducted on Wednesdays at Vendor Outreach Link (Call-in: +1 415-915-3950; Conference ID: 504 517 635#). Dates and locations can be confirmed by checking at: Upcoming Events [https://gsa.acgov.org/do-business-with-us/upcoming-contracting-events/].

Information regarding the RFP will be presented during the conference(s). To get the best experience, the County recommends that Bidders who participate remotely use equipment with audio output such as speakers, headsets, or a telephone.

2. Bidders Conference(s) will be held to:

Provide an opportunity for Small Local Emerging Businesses (SLEBs) and large firms to network and develop subcontracting relationships to participate in the contract(s) that may result from this RFP.

Provide an opportunity for Bidders to request clarification on this RFP and ask specific questions about the project, goods, and services.

Provide the County with an opportunity to receive feedback related to this RFP.

The Bidders Conference(s) Attendees List will be released in a separate document.

Written questions submitted by the stated deadline will be addressed in a posted RFP Questions and Answers (Q&A) following the Bidders Conference(s). Should there be a need to amend or revise the RFP, an Addendum will be issued. Any verbal statements, including at any Bidders Conference(s) are not binding. Only the written documents will be binding.

Questions regarding these specifications, terms, and conditions are to be submitted in writing through the “Question & Answer” tab of this project in the County of Alameda Procurement Portal by 5:00 p.m. on the date specified in the Calendar of Events.

Attendance at the Bidders Conference(s) and Vendor Outreach are highly recommended but are not mandatory. Vendors who attend the Bidders Conference(s) will be added to the Vendor Bid List.

COUNTY PROCEDURES, TERMS, AND CONDITIONS

EVALUATION CRITERIA / SELECTION COMMITTEE

1. Initial Evaluation (Completeness of Response and Debarment and Suspension). All proposals will first be reviewed to determine if they pass the initial Evaluation Criteria (Section A), which are determined on a pass/fail basis.

2. Evaluation by County Selection Committee. All proposals that have passed the initial Evaluation Criteria will be evaluated by a County Selection Committee (CSC). The CSC may be composed of County staff and other parties that may have expertise or experience related to the goods or services that are being procured. The CSC will score the proposals according to the Evaluation Criteria set forth in this RFP. Other than the initial pass/fail Evaluation Criteria, the evaluation of the proposals will be within the sole judgment and discretion of the CSC.

3. Unrealistic Bids. Bidders should bear in mind that any proposal that is unrealistic in terms of the technical or schedule commitments or unrealistically high or low in cost may be deemed reflective of an inherent lack of technical knowledge or indicative of a failure to comprehend the complexity and risk of the County’s requirements as set forth in this RFP.

4. Price Discrepancy. In the case of a discrepancy between the unit price and an extension, the unit price will be used for evaluation purposes.

5. Evaluation Criteria Descriptions. The items listed in the Evaluation Criteria should be considered as minimum requirements. All information contained in a proposal and presented in vendor interviews (if there are interviews) will be considered during the evaluation process and included in scoring within the appropriate Evaluation Criteria.

6. Evaluation Scores. Proposals will be evaluated and scored on the zero to five-point scale within each Evaluation Criteria below. Scores for all Evaluation Criteria (see the section below) will then be added, according to their assigned weight (below), to arrive at a weighted score for each proposal. A proposal with a higher-weighted total will be deemed of higher quality than a proposal with a lesser-weighted total.

7. Shortlist Process. The evaluation process may include a two-stage approach including a preliminary evaluation of the written proposal and preliminary scoring to develop a shortlist of Bidders that will continue to the final stage of optional vendor interview, and reference checks. The preliminary scoring will be based on the total points, excluding any points allocated to references, and optional vendor interview. The three Bidders receiving the highest preliminary scores may advance to the next evaluation phase. All other Bidders will be deemed eliminated from the process. All Bidders will be notified of the shortlist participants; however, the preliminary scores at that time will not be communicated to Bidders.

8. Reference Checks. The County reserves the right to conduct reference check(s) on all Bidders who submitted a bid proposal. The CSC will then score the reference check(s), as identified in the Evaluation Criteria below, which will then be included in the final score.

9. Optional Vendor Interviews. The County may in its sole discretion, conduct vendor interviews. Should the County opt to conduct a vendor interview, the interview may include responding to standard and specific questions from the CSC regarding the Bidders’ proposal. Whether or not a shortlist process is used, the score of any evaluation criterion below may be revised or informed based on the vendor interview.

10. Final Score. The final maximum score for any procurement is 550 points. The final maximum score for any procurement is 550 points, including the possible 50 points for local and small, local and emerging, or local preference points (maximum 10% of the final score; derived from 5% for local preference and 5% for either Small and Local or Emerging and Local preference). Proposals will be ranked by their final scores.

a. Without Vendor Interview. In procurements where there are no vendor interviews, the score received by the evaluation of the written proposal with the references score added will be the final score.

b. With Vendor Interview. In procurements where there are vendor interviews, the CSC will consider the interview and may adjust the scores received by the evaluation of the written proposal which, with the reference scores added, will be the final score.

11. Contact During Evaluation Process. All contact during the evaluation phase must be through the GSA-Procurement department only. Bidders must neither contact nor lobby CSC during the evaluation process. Attempts by Bidders to contact and/or influence members of the CSC may result in disqualification of Bidders.

12. Determining Award. As a result of this RFP, the County intends to award a contract to the highest-ranked responsible Bidder(s), as determined by the combined weight of the Evaluation Criteria, whose response conforms to the RFP and whose bid presents the greatest value to the County considering all Evaluation Criteria. The combined weight of the Evaluation Criteria is greater in importance than the cost in determining the best value to the County. The County may award a contract of higher qualitative competence over the lowest priced response.

13. The zero to five-point scale range is defined as follows:

14. The Evaluation Criteria and their respective weights are as follows:

Responses to this RFP must be complete. Responses must address all the requirements identified within this RFP and all related documents, including any Addenda. Failure to meet the Bidder Minimum Qualifications may also be considered an incomplete response and may result in the disqualification of the Bidder.

Pass/Fail

Bidders, its principal, and named subcontractors are not identified on the list of Federally debarred, suspended, or other excluded parties located at www.sam.gov/SAM.

Pass/Fail

The points for Cost will be computed by dividing the amount of the lowest responsive and responsible bid received by each Bidder’s total proposed cost.

Cost evaluation points may be adjusted by considering:

1. Reasonableness (i.e., how well does the proposed pricing accurately reflect the Bidder’s effort to meet requirements and objectives?).

2. Realism (i.e., is the proposed cost appropriate to the nature of the products and/or services to be provided? Is the price affordable to the County, including if costs exceed any budget contained in the RFP? ).

20 Points

Proposals will be evaluated considering the RFP specifications and the questions below:

1. How well does the description of proposed services achieve all the requirements in the RFP, including the deliverables and reports the County expects it to provide for the following:

a. Full and Complex Autopsies

b. Scene Response

c. Additional Services – cause of death or identification of a decedent

d. Autopsy report components

30 Points

Proposals will be evaluated, including consideration of the RFP specifications and the questions below:

1. How much experience does the Bidder have with similar agencies?

2. How much experience do the individuals assigned to the contract have with similar agencies?

3. How extensive is the applicable education and experience of the personnel designated to work on the contract?

30 Points

Should the County opt to conduct a vendor interview, the interview may include responding to standard and specific questions from the CSC regarding the Bidder’s proposal. Whether or not a shortlist process is used, the scores of any evaluation criterion above may be revised or informed based on the vendor interview.

Vendor Interview may be used to revise / inform scores of criteria above

SMALL LOCAL EMERGING BUSINESS PREFERENCE

1. CONTRACT EVALUATION AND ASSESSMENT

During the initial 120-day period of any contract awarded, the County may review the proposal, the contract, any goods or services provided, and/or meet with the Contractor to identify any issues or potential problems.

The County reserves the right to determine, at its sole discretion, whether:

The Contractor has complied with all terms of this RFP and the contract; and Any problems or potential problems with the proposed goods and/or services were evidenced, which makes it unlikely (even with possible modifications) that such goods and/or services have met or will meet the County requirements.

If, as a result of such determination, the County concludes that it is not satisfied with the Contractor’s performance under any awarded contract and/or Contractor’s goods and services as contracted for therein, the Contractor may be notified that the contract is being terminated. The Contractor must be responsible for returning County facilities to their original state at no charge to the County. The County will have the right to invite the next qualified Bidder(s) to enter into a contract. The County also reserves the right to re-bid this project if it is determined to be in its best interest to do so. The County’s right to go to the next qualified Bidder(s) and/or rebid is not limited by the award of a contract or the 120-day period.

NOTICE OF INTENT TO AWARD

At the conclusion of the RFP response evaluation period, all Bidders will be notified in writing by email or US Postal Service mail of the contract award recommendation, if any, by GSA-Procurement. The document providing this notification is the Notice of Intent to Award/Non-Award.

The Notice of Intent to Award/Non-Award will provide the following information:

The name(s) of the Bidder(s) being recommended for contract award; and The names of all other parties that submitted proposals.

The submitted proposals will be made available upon request no later than five calendar days before approval of the award and contract is scheduled to be considered by the Board of Supervisors.

BID PROTEST / APPEALS PROCESS

The County of Alameda prides itself on the establishment of fair and competitive contracting procedures and the commitment made to follow those procedures. The following is provided in the event that Bidders wish to protest the bid process or appeal the recommendation to award a contract once the Notices of Intent to Award/Non-Award have been issued. Bid protests submitted prior to issuance of the Notices of Intent to Award/Non-Award will not be accepted by the County.

Any bid protest must be submitted in writing by 5:00 p.m. on the SEVENTH (7th) calendar day following the date of issuance of the Notice of Intent to Award/ Non-Award, not the date received by the Bidder. The bid protest must be submitted to the office that has been designated for review of protests for this procurement (the Protest Evaluator). For this procurement, the Protest Evaluator is:

GSA–Office of Acquisition Policy ATTN: Contract Compliance Officer 1401 Lakeside Drive, 10th Floor, Oakland, CA 94612 Email: GSA-BidProtests@acgov.org

A bid protest received after 5:00 p.m. is considered received as of the next calendar day. A protest received after 5:00 p.m. on the SEVENTH (7th) calendar day following the date of issuance of the Notice of Intent to Award/Non-Award will not be considered under any circumstances by the Protest Evaluator or their designee.

Generally, the County will promptly send an email acknowledging receipt of the protest; it is the responsibility of the protestor to confirm that the protest was timely received.

The bid protest must contain a complete statement of the reasons and facts for the protest.

The protest must refer to the specific portions of all documents that form the basis for the protest.

The protest must include the name, address, email address, and telephone number of the person submitting the protest on behalf of the protesting party.

The Contract Specialist will send a notification to Bidders if a protest is received.

The Protest Evaluator, or their designee, will review and evaluate the protest and issue a written decision. The Protest Evaluator may, at its discretion, do any of the following: investigate the protest, obtain additional information, provide an opportunity to settle the protest by mutual agreement, and/or schedule a meeting(s) with the protesting Bidder and others (as appropriate) to discuss the protest. The decision on the bid protest must be final prior to the Board hearing.

A notification of the decision will be communicated by email and/or US Postal Service mail to the protestor. Notification will be provided to Bidders when a decision has been made on the protest and whether or not the recommendation to the Board of Supervisors in the Notice of Intent to Award/ Non-Award will stand.

The decision on the bid protest by the Protest Evaluator may be appealed to the Auditor-Controller's Office of Contract Compliance & Reporting (OCCR) located at 1221 Oak St., Room 249, Oakland, CA 94612, Email: OCCR@acgov.org, unless the OCCR determines that it has a conflict of interest in which case an alternate will be identified to hear the appeal and all steps to be taken by OCCR will be performed by the alternate. The Bidder whose bid is the subject of the protest, all Bidders affected by the Protest Evaluator's decision on the protest, and the protestor have the right to appeal if they feel the Protest Evaluator's decision is incorrect. All appeals to the Auditor-Controller's OCCR must be in writing and submitted within SEVEN (7) calendar days following the issuance of the decision, not the date the decision is received by the Bidder. An appeal received after 5:00 p.m. is considered received as of the next calendar day. An appeal received after 5:00 p.m. on the SEVENTH (7th) calendar day following the date of issuance of the decision by the Protest Evaluator will not be considered under any circumstances by the Auditor-Controller OCCR or their designee.

The appeal must specify the decision being appealed and all the facts and circumstances relied upon in support of the appeal.

In reviewing protest appeals, the OCCR will not re-judge the proposal(s). The appeal to the OCCR must be limited to a review of the procurement process to determine if the contracting department materially erred in following the bid or, if applicable, County contracting policies or other laws and regulations.

The appeal to the OCCR must be limited to the grounds raised in the original protest and the written decision by the Protest Evaluator. As such, a Bidder is prohibited from stating new grounds for a Bid protest in its appeal.

The Auditor’s Office may overturn the results of a bid process for ethical violations by Procurement staff, County Selection Committee members, subject matter experts, or any other County staff managing or participating in the competitive bid process, regardless of timing or the contents of a bid protest.

The finding of the Auditor-Controller’s OCCR is the final step of the appeal process. A copy of the finding of the Auditor-Controller’s OCCR will be furnished to the protestor.

The finding on the appeal must be issued before a recommendation to award the contract is considered and contract awarded by the Board of Supervisors.

The procedures and time limits set forth in this section are mandatory and are each Bidder's sole and exclusive remedy in the event of a bid protest. A Bidder’s failure to timely complete both the bid protest and appeal procedures will be deemed a failure to exhaust administrative remedies. Failure to exhaust administrative remedies, or failure to comply otherwise with these procedures, will constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings.

TERM / TERMINATION / RENEWAL

The contract term, which may be awarded pursuant to this RFP, will be three years.

By mutual agreement, any contract which may be awarded pursuant to this RFP may be extended for an additional two years.

The County has and reserves the right to suspend, terminate or abandon the execution of any work, services and/or providing of goods by the Contractor without cause at any time upon giving the Contractor prior written notice. In the event that the County should abandon, terminate or suspend the Contractor’s work, services and/or providing of goods, the Contractor will be entitled to payment for services provided hereunder prior to the effective date of said suspension, termination, or abandonment. The County may terminate the contract at any time for cause without written notice upon a material breach of contract or substandard or unsatisfactory performance by the Contractor. In the event of termination with cause, the County reserves the right to seek any and all damages from the Contractor. In the event of such termination, with or without cause, the County reserves the right to invite the next highest-ranked Bidder to enter into a contract or rebid the project if it is determined to be in its best interest to do so.

BRAND NAMES AND APPROVED EQUIVALENTS

Any references in this RFP, including Addendum and other documents, to manufacturers’ trade names, brand names, and/or catalog numbers are intended to be descriptive but not restrictive unless otherwise stated and are intended to indicate the quality level desired. Unless otherwise noted, Bidders may offer any equivalent product that meets or exceeds the specifications; however, if the County, in its sole discretion, determines the product proposed is not equivalent, the Bid may be disqualified, or a lower score awarded by the CSC. Bids based on equivalent products must:

Clearly describe the alternate offered and indicate how it differs from the product specified; and Include complete descriptive literature and/or specifications as PDF attachments to the online bid submission as proof that the proposed alternate will be equal to or better than the product named in this RFP.

The County reserves the right to be the sole judge of what is equal and acceptable. It may require Bidders to provide additional information and/or samples or disqualify the bid proposal.

If Bidders do not specify otherwise, it is understood that the referenced brand will be supplied.

QUANTITIES

Quantities listed herein are annual estimates based on past usage, etc., and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied.

PRICING

All pricing as quoted will not increase, but except as noted below, remain fixed and firm for the term of any contract that may be awarded as a result of this RFP.

Unless otherwise stated, Bidder agrees that, in the event of a price decline, the benefit of such a lower price will be extended to the County.

Reasonable price increases or decreases for subsequent contract terms may be negotiated between Contractor and County after completion of the initial term.

Taxes and freight charges:

All prices are to be Freight On Board (F.O.B.) destination. Any freight/delivery charges are to be included in the bid price.

The County is soliciting a total price for this project. The prices quoted must be the total cost the County will pay for this project, including all taxes (excluding Sales and Use taxes) and all other charges.

No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by the County, will be paid by the County unless expressly included and itemized in the bid proposal.

Amount paid for the transportation of property to the County of Alameda is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping papers show the consignee as Alameda County as such papers may be accepted by the carrier as proof of the exempt character of the shipment.

Articles sold to the County of Alameda are exempt from certain Federal excise taxes. If applicable, and upon request, the County will furnish an exemption certificate.

All prices quoted must be in United States dollars.

Price quotes must include any and all payment incentives available to the County.

In the evaluation of cost, if applicable, it will be assumed that the unit price quoted is correct in the case of a discrepancy between the unit price and an extension, and the Bidder must honor the unit price quoted.

Federal and State minimum wage laws apply. The County has no requirements for living wages. The County is not imposing any additional requirements regarding wages.

AWARD

Most Responsive and Responsible Bidder(s)

a. The award will be made to the highest-ranked Bidder(s) who meet the requirements of these specifications, terms, and conditions.

b. Awards may also be made to the subsequent highest ranked Bidder(s) who will be called in order should the County need to contract with another Bidder(s).

c. An award will be recommended for the Bidder(s) that submitted the proposal(s) that best serves the overall interests of the County by attaining the highest overall point score. The award may not necessarily be made to the Bidder(s) with the lowest price.

Small Local Emerging Business (SLEB) Program Small and Emerging Locally Owned Business: The County is vitally interested in promoting the growth of small and emerging local businesses by means of increasing the participation of these businesses in the County’s purchase of goods and services.

As a result of the County’s commitment to advancing the economic opportunities of these businesses, Bidders must meet the County’s Small and Emerging Locally Owned Business requirements in order to be considered for the contract award. These requirements can be found online at:

Alameda County SLEB Program Overview [http://acgov.org/auditor/sleb/overview.htm]; and Alameda County SLEB Program Additional Information [https://gsa.acgov.org/do-business-with-us/vendor-support/small-local-and-emerging-businesses/] For purposes of this procurement, applicable industries include, but are not limited to, the following North American Industry Classification System (NAICS) Code(s): 621111.

A small business is defined by the United States Small Business Administration (SBA) as having no more than the number of employees or average annual gross receipts over the last three years required per SBA standards based on the small business's appropriate NAICS code.

An emerging business is defined by the County as having either annual gross receipts of less than one-half that of a small business OR having less than one-half the number of employees AND that has been in business less than five years.

If a Bidder is certified by the County as either a small and local or an emerging and local business (SLEB), the County will provide up to 5% bid preference for procurements over $25,000.

If a Bidder is located within Alameda County, the County may provide a 5% local bid preference.

County Rights The County reserves the right to reject any or all responses that materially differ from any terms contained in this RFP, including Exhibits and any Addendums, to waive informalities and minor irregularities in responses received, and to provide an opportunity for Bidders to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity will be made solely at the discretion of the County.

Any bid proposals that contain false or misleading information may be disqualified by the County.

The County reserves the right to award to a single or multiple Contractors.

The County reserves the right to conduct additional procurements for the same or similar goods and/or services or to award to additional contract(s), including to other Bidder(s), during the term of the contract if it determines that additional Contractors are needed to supplement goods and/or services being provided.

The County has the right to decline to award this contract or any part thereof for any reason.

Procedures

a. Board approval to award a contract is required.

b. A contract must be fully executed by the recommended awardee and the County prior to any services and goods being provided or work being performed.

c. The County uses its Standard Services Agreement terms and conditions for purchases and services. Any terms that are not acceptable to a Bidder must be identified on the Exceptions and Clarifications form in Exhibit A - Bid Response Packet. Bidder may access a copy of the Standard Services Agreement template at:

Alameda County Standard Services Agreement Template [Alameda County Standard Services Agreement Template]

d. The RFP specifications, terms, conditions, Exhibits, RFP Addenda, and Bidder’s proposal may be incorporated into and made a part of any contract that may be awarded as a result of this RFP.

METHOD OF ORDERING

A written Purchase Order (PO) will be issued after an executed contract and Board approval. If there is any conflict in terms of any PO and the executed contract, the contract will control, even if a PO is issued later. Payment cannot be made to any Contractor until a PO is issued.

POs and payments for goods and/or services will be issued only in the name of the Contractor, as identified on the…