Rev. 9/2025- Services

Request for Proposal No. PROB26-PROB-6115 Probation Transportation Services

San Bernardino County Probation Department

175 W 5th Street, 4th floor San Bernardino, CA 92415

May 2026

Purchasing Department

Request for Proposal Probation Transportation

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No. PROB25-PROB-6115

I. INTRODUCTION

A. Purpose The San Bernardino County Probation Department (County), is seeking Proposals from interested and qualified Proposers to provide efficient, safe and reliable armed and unarmed ground custodial Transportation Services (Services) to justice-involved Youth under the age of 25 and as defined herein.

Services will include, but not be limited to, transportation of in-custody Youth from and to Probation’s facilities to various locations. The number of awards will be determined by the quality of the Proposals received. The County reserves the right to make as many or as few awards as it deems necessary.

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

San Bernardino County Probation Department Attn: Anita Mendivil 175 W 5th Street 3rd floor San Bernardino, CA 92415 Phone: (909) 387-5806 Email: Anita.Mendivil@prob.sbcounty.gov

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). The completed and signed Proposal must be received by the Deadline for Proposals specified in Section II – Proposal Timeline. All Proposers must register with the ePro system prior to the date and time to submit the Proposal or they will be disqualified.

C. RESERVED

D. Contract Term Services to be provided under this Request for Proposals (RFP) are outlined under Section V, Scope of Work. The Contract period will be for a maximum of 5 years beginning on August 5, 2026 and ending on August 4, 2031.

E. Location of Services Location(s) where Services are to be provided, completed and managed include, but are not limited to:

• Central Valley Juvenile Detention and Assessment Center (CVJDAC) 900 East Gilbert Street San Bernardino, CA. 92415

• A Restorative Reintegration for Successful Engagement Secure Youth Treatment Facility (ARISE

SYTF)

21101 Dale Evans Parkway Apple Valley, CA. 92307

• Transportation from one juvenile detention facility to another may include the following surrounding counties: Riverside County, Orange County, and Los Angeles County.

• Other County-approved sites or locations, as needed.

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The Proposer must include in Proposal, Attachment E - Cost, all transportation, and per diem costs sufficient to pay its personnel and travel to the aforementioned locations.

F. Assistance to Proposers with a Disability

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

II. PROPOSAL TIMELINE

Release of RFP May 12, 2026

Deadline for Submission of Questions May 26, 2026 at 12:00:59 PM PDT

Deadline for Proposals June 9, 2026 at 5:00:59 P.M PDT

Date for Tentative Contract Award August 2026

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

III. DEFINITIONS

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

A Restorative Integration for Successful Engagement Secure Youth Treatment Facility (ARISE SYTF): The secure treatment facility for Youth between the ages of 14 and 25, who would have previously been committed to the California Department of Juvenile Justice (DJJ), aiming to provide rehabilitative services and prevent recidivism, located in the High Desert region of San Bernardino County.

Board: The San Bernardino County Board of Supervisors.

Cardiopulmonary Resuscitation (CPR): is a lifesaving procedure technique when the heart stops beating, which is performed when someone’s breathing or heartbeat has stopped.

Central Valley Juvenile Detention and Assessment Center (CVJDAC): The secure facility that houses minors, generally between 12 and 18, who are detained pending Juvenile Court hearings or by order of the court, located in the Central Valley region of San Bernardino County.

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

Pick-up Location: The sites designated by the County where Proposer(s) will be picking up the in-custody Youth to provide Services.

Prison Rape Elimination Act (PREA): The federal law enacted in 2003 to address and prevent sexual abuse and harassment in correctional facilities.

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Probation Department or Probation: The department that is responsible for building stronger families and safer communities by improving the lives of those on probation through assessment, treatment, rehabilitative services and enforcement.

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

Purchasing Agent: The Director of the County Purchasing Department.

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

Services: The requested services described in this RFP.

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.

Youth: An individual under the age of 25, at-risk or currently involved in the justice system, including those supervised or in-custody by the Probation Department and require armed security transportation from Probation facilities to various locations.

IV. PROPOSAL CONDITIONS

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

RFP.

B. Term of Offer

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

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

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

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

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

D. Incurred Costs

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

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

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

F. Best Value Evaluation As established in this RFP, the County realizes that criteria other than price are important and will award contract(s) based on the Proposal that best meets the needs of the County. The County seeks the optimal combination of quality, price, and various qualitative elements of the required Services that will provide the County the greatest or best value for its money.

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

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

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

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

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

1. Do not affect responsiveness;

2. Are merely a matter of form or format;

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

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

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

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

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

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

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

H. Local Preference

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

“Due to the evaluation of qualitative elements along with cost in a best value evaluation, application of local

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

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

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

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

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

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

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

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

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

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

10. Vendor is not federally debarred; and

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

12. Local Vendor Self-certification – Documentation provided

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

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.

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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 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, 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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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.sam.gov). Proposer also certifies in Attachment D that if it or any of the subcontractors listed in the Proposal are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

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

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

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

Q. RESERVED

V. SCOPE OF WORK

A. BACKGROUND INFORMATION

The Probation Department supervises and provides case management services for approximately 16,800 adult offenders, and 600 juvenile offenders. Probation serves an average of 80 Youth in its detention and assessment center and an additional average of 75 Youth in the ARISE Secure Treatment Facility and oversees the placement and monitoring of over 30 juveniles in private facilities throughout the state.

Additionally, Probation officers act as an investigative arm of the San Bernardino Superior Court and Juvenile Courts, providing sentencing reports and legal recommendations, evaluations and victim services. Probation provides a broad range of treatment and rehabilitative services and enhancing community-based supervision to support adult and juvenile offenders toward successful rehabilitation.

The purpose of this RFP is to solicit qualified Proposers to provide armed and unarmed ground custodial Transportation Services for Probation. Service areas may include, but may not be limited to, County facilities. Services will be needed for local and out-of-county transportation. Services will be required to and from Probation Department-approved facilities, and may also include, but not limited to the following locations:

https://www.sam.gov/

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1. Designated facilities for court appearances,

2. Facility to facility transfers.

3. San Bernardino County to outside County transfers.

Proposers must be trained in basic defensive tactics and be armed to include, but not limited to oleoresin capsicum (OC) spray, baton and handcuff equipment.

B. PROJECT DESCRIPTION

The successful Proposer shall be equipped to provide safe and reliable Services to and from County facilities and/or other transportation sites listed in Section I. E. of this RFP.

1. Deliverables/Requirements:

a. Have a minimum of three (3) years of experience providing similar Services.

b. Provide Services of approximately 35-40 round trips per week.

c. Proposer must be available 24 hours a day, 7 days a week, and 365 days a year, including holidays.

d. Provide both single Youth transportation and simultaneous Youth transportation, which will require a minimum of 2 staff per vehicle.

e. Provide single Youth transportation if needed for segregation purposes, e.g., one staff must be female if transporting a female Youth.

f. Provide short-term custodial supervision of the Youth until custodial hand off to Probation Officer or correctional officer.

g. Provide both local and out-of-County Services, including accepting physical responsibility for Youth, their property, medication, and their necessary paperwork until custodial hand off to Probation Officer or correctional officer.

h. Provide an additional backup patrol vehicle as a follow car with 2 additional agents if requested by Probation. This will be agreed upon and arranged on a case by case basis depending on special circumstances.

i. Provide armed and unarmed Transportation Services to Youth within the limits of San Bernardino County and beyond as agreed upon in the final Contract.

j. Have no record of unsatisfactory performance. Proposers who are or have been seriously deficient in Contract performance, in the absence of circumstances properly beyond the control of the Proposer, shall be presumed to be unable to meet these RFP requirements.

k. Have the ability to maintain adequate files and records and meet statistical reporting requirements.

l. Have the administrative and fiscal capability to provide and manage the proposed Services and ensure an adequate audit.

m. Proposer shall confirm receipt of transportation requests and provide commitment of scheduled Services within 30 minutes of request receipt.

n. Proposer must be able to:

i. Provide safe, reliable, and punctual Services to and from County facilities.

ii. Be flexible with scheduling and understand that the time, duration and frequency of each trip may vary, including weekend and afternoon trips.

iii. Be responsible for ensuring that all personnel are properly licensed to operate the vehicles used for Services.

o. All of Proposer’s staff, volunteers, and/or subcontractors providing contracted Services must obtain and maintain all required federal, state, and local licenses and endorsements.

p. Proposer shall assume full responsibility for security and control of all Youth in accordance with all state and federal requirements and Probation Department written policies and procedures.

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q. Proposer shall make reasonable and immediate provisions to provide for the well-being of the Youth, in the event of an emergency while providing Services; such emergencies could include, but not be limited to: an accident, flat tire, natural disaster or national emergencies.

2. Vehicles:

a. Proposer shall be responsible for all licensing, registration, service and labor expenses for all vehicles.

b. Vehicles shall be void of placards identifying the vehicle as 'County Transport' and will be free of advertising or personal expression, including bumper stickers, magnets, and wraps.

c. Vehicles shall be kept in safe operating condition and be professional in appearance.

d. Vehicles shall be free of defects, without significant body, paint and/or other damage to appearance.

e. Vehicles used by Proposers shall be kept clean on the outside and interiors shall be sanitary and free of noxious odors.

f. Proposer shall maintain back-up transportation in case primary vehicle(s) are out of service or being serviced.

g. All vehicles shall have operational heaters and air conditioning.

h. All vehicles must be caged and be properly equipped for prisoner transports, including having welded steel screens to cover the windows, and the doors and windows are unable to be opened from the inside of the Youth’s section while being transported.

i. All vehicles shall be equipped with restraints including handcuffs, leg irons, waist chains, and interconnect chains. Mechanical restraints will be provided by the Proposer, and shall be approved by the County.

j. All vehicles shall be equipped with video surveillance, road triangles, CPR shields, first aid kits, fire extinguishers, blankets, warning triangles or flares, reflective vest or safety gear, spare tire, tire replacement tools, snow chains (if needed) and a flashlight.

3. Medications:

Proposer’s personnel providing Services may only administer medication provided and/or approved by Probation’s medical staff.

C. ADDITIONAL REQUIREMENTS

1. Proposer staff, volunteers, and/or subcontractors providing contracted services must:

a. Clear Probation background investigation requirements.

b. (For armed custodial) Must successfully complete training program and be certified in basic defensive tactics training, including chemical agents, Conducted Energy Weapon (EW)/Tasers, impact weapons, and use of force.

c. (For armed custodial) Must meet legal requirements to possess and carry a firearm during transportation, including:

• California Carry Concealed Weapon (CCW) license

• California License-to-carry (LTC)

• Qualifications to carry and use defensive weapons.

d. Must be CPR and First Aid certified.

e. Successfully complete Department approved training programs that cover subjects including:

• Prisoner Rape Elimination Act (PREA)

• Ethics

• Prisoner transportation

• Use of force

• Prisoner rights

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2. All Proposer personnel involved in providing Services for Youth are required to wear company-issued uniforms bearing company logo and carry identification that includes company name, employee name, photograph.

VI. PROPOSAL SUBMISSION

A. General

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

2. Proposals must be received by the designated date and time. All Proposers must register with the ePro system prior to the date and time to receive the Proposal or they will be disqualified. Late or incomplete Proposals will not be accepted. 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 RFP Contact identified in Section I, Paragraph B - RFP 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 RFP.

4. Reserved

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 RFP.

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 RFP must be in the form of a Proposal package, which must be submitted in the following format:

1. Presentation

Format the Proposal to fit on an 8-½ v 11 sheet of paper with margins of at least ¾ inches. Text should be single spaced and font size should be no smaller than 11 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. (this page must be separate from the Cover Page)

4. Statement of Certification

Include the following on Attachment B:

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

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

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

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

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

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

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

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

5. Statement of Experience and Qualifications

Include the following in this section of the Proposal:

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

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

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

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

6. Licenses, Permits, and/or Certifications

Provide copies of all licenses, permits and/or certifications in Attachment C as required under Section X. TERMS AND CONDITIONS Paragraph A, 22.

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. Work Plan and Schedule

Include the following:

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

b. Project schedule

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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 RFP Complete Attachment H.

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

17. Indemnification and Insurance Requirements Affidavit

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

VII. EVALUATION

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

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

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

A. QUALIFICATIONS AND EXPERIENCE

Weight: 35% 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. RESERVED

C. TECHNICAL REVIEW

Weight: 25% Considerations:

• Statement of understanding of the County’s needs

• Work plan

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• Training

• Adequacy of support staff and subcontractors

• Risk management

D. COST/REVENUE

Weight: 30% Considerations:

• Overall reasonableness of proposed pricing

E. REFERENCES

Weight: 10% Considerations:

• Satisfactory performance of similar work

• demonstrated knowledge and expertise

• work product, quality of interactions

• capability of assigned team members

• likelihood of continued use

F. RESERVED

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 RFP, 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.

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.

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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. Review of Financial Performance

At the County’s sole discretion, the financial performance of the intended Contractor may be assessed prior to Contract award. Financial performance deemed unsatisfactory by the County may result in non-award or a recommendation for award to another Proposer(s).

E. Award

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

IX. APPEAL AND AWARD

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

1. Is submitted in writing.

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

A Protest can only be brought on the following grounds:

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

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

3. Violation of State or Federal law.

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

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Pete Mendoza, Director

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 RFP 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 RFP 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.

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. The protest procedures constitute the sole administrative remedy available to the Proposer under this RFP. Upon exhaustion of this remedy no additional recourse is available.

X. TERMS AND CONDITIONS

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The selected Proposer will be required to enter into a formal Contract with the County. This RFP sets forth some of the general provisions which will be included in the final Contract. In submitting a response to this RFP, Proposer will be deemed to have agreed to each clause unless the Proposal identifies an objection and County agrees to a change of language in writing. All objections to any Terms and Conditions must be listed on Attachment H – Exceptions to RFP, or any exception thereto shall be waived

A. General

1. Contract Amendments Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

2. Contract Assignability

Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part.

3. Contract Exclusivity This is not an exclusive Contract. The County reserves the right to enter into a Contract with other Contractors for the same or similar Services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on an order basis, under the terms of this Contract.

4. Attorney Fees and Costs If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under the Indemnification and Insurance Requirements.

5. Background Checks for Contractor Personnel Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor’s sole expense, on all its personnel providing. If requested by the County, Contractor shall provide the results of the background check of each individual to verify that the individual meets Contractor’s standards for employment.