RFP_SDD Memorial Bench Donor Program.pdf

DEPARTMENT OF PUBLIC WORKS

SPECIAL DISTRICTS

Request for Qualifications No. SDD-082

SPD126/SPDAD-6555

Memorial Bench Donor Program

San Bernardino County Department of Public Works – Special Districts

222 W. Hospitality Lane, 2nd Floor San Bernardino, CA 92415-0450

August 2026

Department of Public Works Special Districts

Request for Qualification Memorial Bench Donor Program

No. SDD-082

SPD126-SPDAD-6555

I. INTRODUCTION

A. Purpose The San Bernardino County Department of Public Works – Special Districts (Department), on behalf of all Board Governed County Service Areas (CSAs) and their Zones, the Big Bear Valley Recreation and

Park District (BBVRPD), the Bloomington Recreation and Park District (BRPD), and San Bernardino

County (collectively referred to as the "County"), is soliciting Proposals from qualified Vendors to establish a Master Supply and Installation Agreement for the County’s Memorial Bench Donation

Program.

The purpose of this solicitation is to select a qualified Vendor capable of furnishing commercially available memorial benches, memorial plaques, and turnkey installation services at Department-managed parks, recreation areas, trails, open spaces, and other public facilities throughout San

Bernardino County.

Rather than procuring a single standardized bench design, the County seeks to establish a catalog of

County-approved memorial bench products that provide a variety of commercial-grade styles, materials, colors, finishes, and sizes suitable for the diverse environmental and recreational settings served by the Memorial Bench Donation Program. The awarded Vendor shall provide a product line that accommodates mountain, desert, and urban park environments while maintaining a consistent level of quality, durability, accessibility, and aesthetic compatibility.

The resulting Agreement will function as a Master Supply and Installation Agreement under which the

County will issue individual Purchase Orders on an as-needed basis for approved memorial bench requests. Each Purchase Order will identify the approved bench model, plaque requirements, installation location, and any site-specific installation requirements.

This solicitation is intended to establish a long-term partnership with a Vendor capable of providing high-quality products, dependable installation services, responsive customer service, and consistent pricing throughout the Agreement term.

Please refer to Section V, Scope of Work, and Section VI, Proposal Submission for additional information.

The following table lists the Attachments and Exhibits included in this RFQ. The Attachments and Exhibits, referenced throughout, can be found within this RFQ or are available to download on ePro:

RFQ ATTACHMENTS:

ATTACHMENT A – Cover Page ATTACHMENT B – Statement of Certification ATTACHMENT C – Licenses, Permits, and/or Certifications ATTACHMENT D – Certification Regarding Debarment or Suspension ATTACHMENT E – Cost/Fee Proposal ATTACHMENT F – References ATTACHMENT G – Employment of Former County Officials ATTACHMENT H – Public Records Act Exemptions ATTACHMENT I – Indemnification and Insurance Requirements Affidavit ATTACHMENT J – Local Vendor Preference Self-Certification

RFQ EXHIBITS:

EXHIBIT A – Prevailing Wage Requirements

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EXHIBIT B – Prevailing Wage Determinations EXHIBIT C – County Facilities List EXHIBIT D – Location Maps EXHIBIT E – Authorized Department Personnel EXHIBIT F – Sample Contract

B. RFQ Contact

All correspondence, including Proposals and questions (not bid questions), must be submitted to the person identified below (RFQ Contact):

Department of Public Works – Special Districts Attn: Katie Spearman 222 W. Hospitality Lane, 2nd Floor San Bernardino, CA 92415

(909) 386-8819 (Office)

(909) 386-8839 Fax Katherine.Spearman@dpw.sbcounty.gov Email

Fax number and e-mail address may only be used to submit questions (not bid questions). Proposals will not be accepted by email or facsimile. Proposals must be submitted electronically through the County Electronic Procurement Network (ePro), or via hard copy (paper or thumb drive) with original signature submitted to the address indicated above. 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 RFQ are outlined under Section V, Scope of Work. The Contract period will be a maximum of 5 years beginning in September 2026 and ending on September 2031.

E. Location of Services Location(s) where Services are to be provided: Various County facilities located throughout San Bernardino County as set forth in Exhibit C.

The Proposer must include in Proposal, Attachment E - Cost, 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 RFQ or participating in the procurement process. For more information, contact the RFQ Contact no later than ten (10) days prior to the Deadline for Proposals.

II. PROPOSAL TIMELINE

Release of RFQ October 26, 2026

Proposal Conference November 2, 2026; 10:00 a.m.

Deadline for Submission of Questions November 9, 2026; 3:00 p.m.

Deadline for Proposals November 23, 2026; 3:00 p.m.

Date for Tentative Contract Award December 2026

Non-mandatory Proposal Conference:

mailto:Katherine.Spearman@dpw.sbcounty.gov

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A non-mandatory Proposal Conference will be held:

Join: https://teams.microsoft.com/meet/211108603143282?p=RmEI0hRAndskW7vbRh Meeting ID: 211 108 603 143 282 Passcode: GB2B6Uu3

Dial in by phone +1 661-568-6806,,70918290# United States, Santa Clara Find a local number Phone conference ID: 709 182 90#

Questions regarding the contents of this RFQ 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 RFQ in ePro.

III. DEFINITIONS

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

Board: The San Bernardino County Board of Supervisors, acting as the governing body of San Bernardino County and all Board governed County Service Areas and their Zones, and the Board of Directors of the Big Bear Valley Recreation and Park District and Bloomington Recreation and Park District.

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

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

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

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

Purchasing Agent: The Director of the County Purchasing Department.

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

Services: The requested services described in this RFQ.

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

IV. PROPOSAL CONDITIONS

A. Authorized Signatures All proposals must be signed by an individual authorized to bind the Proposer to the provisions of the

RFQ.

B. Term of Offer https://teams.microsoft.com/meet/211108603143282?p=RmEI0hRAndskW7vbRh tel:+16615686806,,70918290 https://dialin.teams.cloud.microsoft/79918c0c-079d-433b-ace1-5102e02b9197?id=70918290

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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 RFQ for defects and questionable or objectionable material.

Comments from Proposers concerning defects and objectionable material in this RFQ must be made in writing and received by the RFQ 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 RFQ. It will also help prevent the opening of a defective RFQ 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 RFQ, may be disallowed if not submitted in writing to the attention of the RFQ 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 RFQ. Proposers agree that all costs incurred in developing a Proposal are the Proposer’s responsibility.

E. Amendments/Addendums to RFQ The County reserves the right to issue amendments or addendums to this RFQ 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. Reserved

G. Right of Rejection Offers must comply with all of the terms of the RFQ, 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 RFQ.

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 RFQ.

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 RFQ;

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.

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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 RFQ 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 RFQ process at any time.

H. Reserved

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 § 7920.000). 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 California 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 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

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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 upon submission that 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 asked 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 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 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.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

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No. SDD-082 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 RFQ.

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

Q. Department of Industrial Relations Registration Proposer must be registered with the Department of Industrial Relations as required by Senate Bill 854 (Chapter 28, Statutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) to work on public works contracts as defined under the Labor Code.

V. SCOPE OF WORK

A. BACKGROUND INFORMATION

The Department administers the Memorial Bench Donation Program, which provides individuals, families, organizations, and community groups with an opportunity to commemorate loved ones or recognize significant contributions through the donation of memorial benches installed within

Department-managed parks, recreation areas, trails, and public facilities. The Memorial Bench

Donation Program is intended to provide a consistent, transparent, and professionally administered process that ensures all donated memorial benches meet County standards for quality, durability, accessibility, public safety, and aesthetic compatibility. The Program also promotes uniform installation practices while allowing flexibility to accommodate the diverse environmental settings and recreational uses found throughout San Bernardino County.

Unlike traditional procurement projects, the County is not purchasing a predetermined quantity of benches or a single standardized bench model. Instead, the County intends to establish a Master

Supply and Installation Agreement with a qualified Vendor capable of providing a catalog of commercially available memorial bench products, associated memorial plaques, and turnkey installation services that may be utilized throughout the Agreement term.

The Department manages facilities located throughout mountain, desert, and urban communities. Each location possesses unique environmental conditions, recreational uses, architectural features, and aesthetic characteristics. As a result, no single bench design is appropriate for every installation. The

County requires the flexibility to select from multiple County-approved bench styles that complement the character of each individual park or recreation facility while maintaining a consistent level of quality throughout the Memorial Bench Donation Program.

Following approval of a memorial bench application, the County will determine the installation location, select the appropriate approved bench model, and issue an individual Purchase Order to the awarded Vendor for furnishing and installation in accordance with this Agreement.

B. PROJECT DESCRIPTION

The purpose of this procurement is to establish a Master Supply and Installation Agreement with one qualified Vendor to provide commercial-grade memorial benches, memorial plaques, and complete https://www.sam.gov/

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No. SDD-082 turnkey installation services on an as-needed basis. Installation shall include all work necessary to provide a complete and fully functional memorial bench installation in accordance with the requirements of this RFQ.

The Vendor shall provide a comprehensive line of commercially available memorial bench products suitable for permanent installation within public parks and recreation facilities. Proposed products shall include multiple bench styles, materials, finishes, colors, and sizes that are appropriate for a variety of park settings and recreational environments.

The Vendor shall submit a complete product catalog for County evaluation in accordance with the

Product Catalog requirements identified in Section D., Deliverables / Requirements.

The Department will review the Vendor's proposed product offerings and establish a list of approved bench models for use throughout the Agreement term. Individual bench selections will be made by the

County on a site-by-site basis and may vary depending upon the surrounding landscape, recreational amenities, environmental conditions, maintenance considerations, accessibility requirements, and overall park character.

The awarded Agreement shall not obligate the County to purchase any minimum quantity of benches.

Memorial bench installations will occur only after donor applications have been approved and Purchase

Orders have been issued by the County.

Program Locations

The Memorial Bench Donation Program currently serves facilities including, but not limited to:

• Big Bear Valley Recreation and Park District

• Bloomington Recreation and Park District

• CSA 18 – Cedarpines Park

• CSA 20 – Joshua Tree

• CSA 29 – Lucerne Valley

• CSA 42 – Oro Grande

• CSA 70 W – Hinkley

• CSA 70 P-6 – El Mirage

• CSA 70 M – Wonder Valley

• MacKay Park

• Ayala Park

• Kessler Park

The County reserves the right to add or remove facilities during the Agreement term.

Bench Design Standards

The Vendor shall provide commercial-grade memorial benches specifically designed for permanent outdoor installation in public parks and recreation facilities.

Bench products shall be manufactured using durable materials capable of withstanding prolonged exposure to sunlight, temperature fluctuations, precipitation, high winds, vandalism, and routine public use.

Bench products may include, but are not limited to:

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• All Concrete

• Powder-coated steel

• Thermoplastic-coated steel

• Recycled plastic

• Aluminum

• Composite materials

• Other County-approved commercial outdoor products

The Vendor shall offer multiple bench styles that complement the surrounding character of each park location.

Examples include:

• Rustic styles appropriate for mountain parks

• Contemporary styles suitable for community parks

• Traditional park benches

• Desert-compatible designs

• Backed and backless benches

• Surface-mounted or in-ground mounted benches

Bench dimensions shall generally range between:

• Length: 5 to 8 feet

• Seat Height: 17–19 inches

• Overall Depth: 24–30 inches

• Overall Height: 30–36 inches

Final dimensions shall vary by manufacturer and model.

All bench products shall comply with ADA accessibility requirements and applicable safety standards.

D. Deliverables / Requirements

The Vendor shall provide the following services under the Agreement.

Product Catalog

Provide a complete catalog of commercially available memorial bench products including:

• Manufacturer

• Model number

• Product description

• Materials

• Available colors

• Available finishes

• Available mounting methods

• Dimensions

• Product photographs

• Manufacturer specification sheets

• Warranty information

• Lead times

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Pricing Schedule

Provide fixed unit pricing for:

• Memorial benches

• Memorial plaques

• Plaque engraving

• Installation

• Replacement plaques

• Optional accessories

• Shipping (if applicable)

Pricing shall remain firm throughout the Agreement unless otherwise authorized by the County.

Memorial Plaques

Provide cast bronze, aluminum, stainless steel, or other County-approved memorial plaques.

Plaques shall comply with the Memorial Bench Donation Program Policy and accommodate the

County’s approved inscription format.

Warranty

Provide a minimum one-year warranty covering:

• Bench materials

• Plaques

• Hardware

• Installation workmanship

Documentation

Provide:

• Delivery confirmation

• Installation completion report

• Warranty documentation

• Manufacturer maintenance recommendations

Installation Quality Standards

Each memorial bench installation shall be completed in a professional and workmanlike manner. At a minimum, the Vendor shall ensure that:

• Benches are installed level, plumb, and securely anchored in accordance with the manufacturer's recommendations, County specifications, and all applicable codes.

• All hardware, anchors, and fasteners are properly installed and fully tightened.

• Benches, plaques, and hardware are free from scratches, dents, chips, cracks, or other visible defects at the time of final acceptance.

• Plaques are securely mounted, properly aligned, and installed in the County-approved location on the bench.

• The installation area is clean and free of excess materials, packaging, debris, and construction waste upon completion.

• Any disturbed landscaping, concrete, pavement, or surrounding surfaces are restored to a condition equal to or better than that existing prior to installation.

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• Each installation shall be subject to County inspection and acceptance. Any deficiencies identified by the County shall be corrected by the Vendor at no additional cost prior to final acceptance.

Installation Responsibilities

The Vendor shall furnish all labor, equipment, tools, transportation, materials, supervision, and incidental services necessary to complete each memorial bench installation.

Unless otherwise directed by the County, the Vendor shall be responsible for:

• Verifying field conditions prior to installation.

• Furnishing and installing all anchors, hardware, concrete, footings, and other materials required for a complete installation.

• Performing any necessary excavation and site preparation required for installation.

• Protecting existing improvements, landscaping, irrigation systems, utilities, sidewalks, and adjacent facilities during the work.

• Restoring all disturbed landscaping, concrete, pavement, or surrounding surfaces to a condition equal to or better than that existing prior to installation.

• Removing and properly disposing of all construction debris, excess materials, packaging, and waste generated during installation.

• Coordinating installation activities with the County to minimize disruption to park operations and public access.

Project Approach

The County intends to administer the Memorial Bench Donation Program through a streamlined procurement process utilizing one Master Supply and Installation Agreement.

The Vendor shall maintain an inventory of commercially available memorial bench products capable of supporting installations throughout the Agreement term.

Following approval of a memorial bench application, the County shall:

1. Determine the installation location.

2. Select the appropriate approved bench model.

3. Approve plaque wording.

4. Issue a Purchase Order.

5. Coordinate installation with the Vendor.

The Vendor shall acknowledge receipt of each Purchase Order, provide an estimated delivery schedule, procure the approved products, coordinate installation with the County, complete installation, and submit all required closeout documentation.

Installation Timeframe Unless otherwise specified in the Purchase Order or approved in writing by the County, the Vendor shall complete installation within the timeframe established by the County. If the Vendor becomes aware of any delay that may affect delivery or installation, the Vendor shall notify the County in writing within two (2) business days and provide a revised schedule for completion.

C. ADDITIONAL REQUIREMENTS

The Vendor shall:

• Maintain all licenses and registrations required to perform the work.

• Maintain insurance throughout the Agreement.

• Comply with all applicable federal, state, and local laws.

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• Comply with ADA accessibility requirements.

• Comply with all manufacturer installation recommendations.

• Coordinate work with Department staff.

• Replace defective materials at no cost.

• Maintain product availability throughout the Agreement term.

• Notify the County of discontinued products and submit an equivalent replacement of equal or greater quality, durability, functionality, and overall appearance for County approval prior to substitution.

• Provide responsive customer service throughout the Agreement term, including timely responses to the County inquiries, order updates, warranty requests, and product availability questions.

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 RFQ, including all appendixes, attachments, exhibits, schedules, and addenda (as applicable) and that all concerns regarding the RFQ 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. Electronic response must be submitted through the San Bernardino County Electronic Procurement Network (ePro) https://epro.sbcounty.gov/bso/view/login/login.xhtml. System-related issues in ePro shall be directed to the Purchasing Department at (909) 387-2060. For procurement questions involving ePro, please contact the RFQ Contact identified in Section I, Paragraph B - RFQ Contact.

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 RFQ.

4. Paper (hard copy) or electronica format (Thumb drive) responses may be submitted in lieu of/must be submitted in addition to electronic submission, by mail or in person to the RFP Contact and will be time/date stamped when received. Proposals can be withdrawn at any time prior to the scheduled Deadline for Proposals.

Hand carried Proposals may be delivered to the RFP Contact between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding holidays observed by the County. Proposers are responsible for informing any commercial delivery service, if used, of all delivery requirements, and for ensuring that the address information appears on the outer wrapper or envelope used by such service.

5. 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 RFQ.

6. 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 RFQ must be in the form of a Proposal package, which must be submitted in the following format:

1. Presentation https://epro.sbcounty.gov/bso/view/login/login.xhtml

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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 point. Each page, including attachments, must be clearly and consecutively numbered.

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 RFQ 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 RFQ and General Contract Terms in their entirety and have no exceptions to any requirements, terms or conditions.

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, 22.

The Services requested under this RFQ include “public works” and “maintenance” services as defined in the California Labor Code. Under Labor Code section 1725.5 Contractor must be registered with the Department of Industrial Relations (DIR) at the time Contractor submits a Proposal. Include Contractor’s DIR registration number on Attachment C and the DIR registration number of all subcontractors who may be performing “public works” and “maintenance” Services if a Contract is awarded to Proposer.

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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 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. Reserved

11. Certification Regarding Debarment or Suspension

Complete Attachment D

12. Cost Complete proposed pricing on Attachment E.

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 RFQ 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.

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.

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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

Weight: 40% Considerations:

• Proposer background and reputation

• Qualifications of the project team

• Experience with local approval agencies

• Experience with publicly bid projects

• Experience with similar services and entities

B. TECHNICAL REVIEW

Weight: 45% Considerations:

• Statement of understanding of the County’s needs

• Scheduling

• Technical specifications and functionality

• Quality control

• Adequacy of support staff and subcontractors

• Risk management

• Value-added aspects

C. REFERENCES

Weight: 15% Considerations:

• Satisfactory performance of similar work

• Demonstrated knowledge and expertise

• Work product, quality of interactions

• Capability of assigned team members

• Likelihood of continued use

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;

and/or issue a request for Best and Final Offer (BAFO) from one or more Proposers.

The County will establish an evaluation panel with responsibility for reviewing all Proposals and conducting the evaluation. A Facilitator will manage the integrity of the evaluation process and will not be a voting member of the evaluation panel. An initial meeting will be scheduled and held with the evaluation panel members, wherein the Facilitator will distribute all relevant information to the evaluators including the RFQ, evaluation criteria, and evaluation instructions.

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.

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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 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 ratings are finalized and documented, the Facilitator will create a final evaluation scoring worksheet.

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 rated 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 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.

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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 RFQ 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 awarding the Contract. The decision of the Purchasing Agent shall be deemed final.

Alternatively, at the Purchasing Agent’s discretion, an Appeal Panel consisting of five (5) members appointed by the Purchasing Agent shall hear the Protest. The Proposer will be provided reasonable notice of the time, date and location of the hearing. In the event that a protesting Proposer does not appear at the Protest hearing as scheduled, the Protest will be disallowed.

The hearing is informal, in that it is not subject to the strict rules of evidence or procedure, and live witnesses, if any, will not be sworn. All relevant evidence is admissible, including hearsay. It will be up to the Appeal Panel members to consider the credibility of the evidence and the weight to give it.

The Panel will determine by at least three (3) affirmative votes: 1) whether the Protest was submitted timely;

2) whether the Protest is based on at least one of the three designated grounds identified above; and 3) whether the grounds on which the Protest are based have been substantiated.

If any of the grounds are determined to be valid, the Panel will also decide if the valid portion of the Protest has so tainted the RFQ process that it is unfair to the Proposer or whether the valid grounds for the Protest are in the nature of harmless error and that the RFQ process was fair to the Proposer. The Panel will not re-evaluate the Proposals.

The Purchasing Agent shall notify the Proposer making the Protest of the decision, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract. The decision of the Appeal Panel shall be deemed final. If the Contract must be approved by the Board, after receiving a decision from the Purchasing Agent or Appeal Panel, the Proposer may then present its Protest to the Clerk of the Board of Supervisors for the Board’s review and decision. The Proposer must file its written Protest with the Clerk of the Board or provide a verbal Protest (typically limited to three minutes) prior to the Board making a decision on the Contract. Any decision of the Board shall be deemed final.

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Request for Qualification Memorial Bench Donor Program

No. SDD-082

A Proposer protesting the results of any of the processes described herein must follow the procedures set forth. By submitting a “Letter of Intent to Protest”, the Proposer has agreed that the protest procedures herein shall precede any action in a judicial or quasi-judicial tribunal regarding this Proposal. Protests that do not follow these procedures shall not be considered.