rfq_13345_as-needed_labor_compliance_consultation_services.pdf

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RFQ - AS-NEEDED LABOR COMPLIANCE CONSULTATION SERVICES
Solicitation number
BPM013345
Issued by
California

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RFQ Summary: As-Needed Labor Compliance Consultation Services

This Request for Quotation (RFQ) document pertains to the State of California's procurement of as-needed labor compliance consultation services. The solicitation seeks qualified vendors to provide labor compliance consultation services on an as-needed basis to support the state's labor compliance operations. The RFQ outlines requirements for consultants to deliver expertise in labor law compliance, regulatory adherence, and related advisory services. Specific details regarding quantities, response deadlines, due dates, site visits, bidders' conferences, and contract award dates should be referenced within the full document for precise procurement timelines and requirements. The contract is structured as an as-needed services agreement, allowing the state flexibility in engaging consultants based on operational demands.

The pricing structure, set-asides, funding sources, and specific compensation terms for these labor compliance consultation services are detailed within the RFQ document. Any incumbent contractor information, current market conditions affecting service delivery, and particular qualifications or certifications required of responding vendors should be reviewed in the complete solicitation. Additional provisions regarding contract duration, renewal options, and performance standards are specified in the full RFQ documentation and should be carefully evaluated by prospective bidders to ensure compliance with all stated requirements and conditions.

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REQUEST FOR QUOTES (RFQ) 13345

SAN DIEGO COUNTY FIRE

AS-NEEDED LABOR COMPLIANCE CONSULTATION SERVICES

AUGUST 10, 2026

A. KEY INFORMATION

1. The County of San Diego is seeking quotes from firms interested in providing as-needed labor compliance consultation services. (“Offerors”).

2. The County anticipates a contract term of an initial (base) period of one (1) year(s), with two (2) one-year option periods.

3. The County has posted this solicitation on its official BuyNet website at https://sdbuynet.sandiegocounty.gov/ . To see all information related to this RFQ, to submit Questions, and to receive notifications of updates, Offerors must select “Participate in RFx” for this solicitation in BuyNet.

4. The Contracting Officer for this solicitation is Eric Ayres, Procurement Specialist, eric.ayres@sdcounty.ca.gov

5. Schedule: This timeline is subject to change at any time, at the County’s sole discretion. The County will issue an addendum for changes to the Questions due date, or Quote due date.

Event Description Date and Time (San Diego Time) Questions due August 17, 2026 prior to 5:00 p.m.

Quotes due August 24, 2026 prior to 5:00 p.m.

6. Questions:

6.1. Offerors should submit all Questions, including requests for clarification related to definition or interpretation of this RFQ, in writing by the Date and Time specified in the Schedule. Offerors should submit Questions via BuyNet, by sending a message to the Contracting Officer through the “Discussions” functionality.

6.2. Non-Offerors should direct inquiries regarding this solicitation to the Contracting Officer.

7. Table of Contents:

A. Key Information B. RFQ Instructions and Rules C. Submittal Items D. Required Forms E. Statement of Work F. Payment Schedule G. Draft Agreement

MAGGIE RAMSBERGER

INTERIM DIRECTOR

DEPARTMENT OF PURCHASING AND CONTRACTING

5560 OVERLAND AVENUE, SUITE 270, SAN DIEGO, CALIFORNIA 92123-1204

PHONE (858) 505-6367 FAX (858) 715-6452

BRENDA G. MILLER

ASSISTANT DIRECTOR

https://sdbuynet.sandiegocounty.gov/

COUNTY OF SAN DIEGO – REQUEST FOR QUOTATIONS (RFQ) 13345

AS-NEEDED LABOR COMPLIANCE CONSULTATION SERVICES

RFQ 13345 Page 2 of 45

B. RFQ INSTRUCTIONS AND RULES

1. INSTRUCTIONS FOR SUBMITTING A QUOTE

1.1. It is Offeror’s responsibility to submit a quote based on the most current RFQ, addenda thereto, County’s responses to Questions, any other information posted on BuyNet, and any diligence material made available by the County. Offerors are advised to regularly check BuyNet for information. The County has no obligation to contact Offerors directly with any such RFQ-related information.

1.1.1. To see all information related to this RFQ, to submit Questions, and to receive notifications of updates, Offerors must select “Participate in RFx” for this solicitation in BuyNet.

1.1.2. If an Offeror is unable to download this document, an Offeror may request a hard copy from

Department of Purchasing and Contracting’s front desk or contact clerical support at (858) 505- 6367.

1.2. Forms required to be submitted with Offerors response to this RFQ are included in this RFQ or posted on the County’s web site at: https://www.sandiegocounty.gov/content/sdc/purchasing/purchasing-forms.html.

1.2.1. The County may update posted forms from time to time. Unless otherwise specified, Offerors may submit the version of a form in place as of the date of the posting of this RFQ or any later version thereof.

1.3. Offeror must submit a complete original quote in accordance with the format provided in this solicitation to the County of San Diego, Department of Purchasing and Contracting, through electronic upload to BuyNet before the Date and Time listed in Schedule.

1.3.1. If Offeror is unable to submit via BuyNet for any reason, Offeror may submit its quote via email to the Contracting Officer listed in this document or provide the Purchasing and Contracting front desk with either (i) electronic files on CD/DVD; or, (ii) a printed quote. Offeror must prominently mark such submissions with the RFQ number on the outside of the packaging. Please use this method only if unable to submit through BuyNet.

2. QUESTIONS

2.1. Offerors shall direct requests for explanation regarding the RFQ or related documents to the Contracting

Officer, in writing, as a question (“Question”). Offerors may submit Questions by sending a message to the Contracting Officer through the “Discussions” functionality in BuyNet.

2.2. The County may choose not to respond to Questions received after the date and time stated in the Schedule for Question submission. Offeror is responsible for ensuring that Questions are received by the County.

3. QUOTE FORMAT

3.1. Submit electronic quotes as files in .pdf format, except where specified otherwise. For pages other than signature pages, converted and searchable formats are preferred.

3.2. All quotes shall be signed with a handwritten signature by an authorized officer or employee of Offeror.

4. QUOTE ORGANIZATION

4.1. Your quote should be organized in accordance with the Submittal Items in this RFQ.

4.1.1. Offerors shall organize content to correspond to the applicable exhibit and question or item within each exhibit.

4.1.2. Offerors shall separate each exhibit into one or more files, clearly named as to the exhibit and order.

4.1.3. Pages shall be consecutively numbered within each exhibit at the bottom or top margin of each page.

4.1.4. Cost/Price information:

4.1.4.1. Offerors must place all cost and pricing information within the Cost/Price exhibit. Price shall be inclusive of all proposed compensation.

https://www.sandiegocounty.gov/content/sdc/purchasing/purchasing-forms.html https://www.sandiegocounty.gov/content/sdc/purchasing/purchasing-forms.html

AS-NEEDED LABOR COMPLIANCE CONSULTATION SERVICES

RFQ 13345 Page 3 of 45

4.2. Confidential/Proprietary information:

4.2.1. The County is a public agency subject to the California Public Records Act, Government Code §

7920.000, et seq. Some or all of the documents submitted in response to this RFQ may be subject to disclosure, and the County intends to publish any resulting contracts to its public website.

4.2.2. It is Offeror’s responsibility to identify and separate into a “CONFIDENTIAL/PROPRIETARY” exhibit and to provide a signed Nondisclosure Indemnification Agreement for:

4.2.2.1. All confidential information that Offeror represents, with legal basis, is exempt from disclosure pursuant to the California Public Records Act, including PI (Personal Information), PII (Personally Identifiable Information), or PHI (Protected Health Information);

4.2.2.2. Any proprietary or other information Offeror represents, with legal basis, is exempt from disclosure under the California Public Records Act and wishes to protect from disclosure.

4.2.3. The “CONFIDENTIAL/PROPRIETARY” exhibit must be clearly labeled with all pages marked as “CONFIDENTIAL/PROPRIETARY.”

4.2.4. Offeror should reference material in the “CONFIDENTIAL/PROPRIETARY” exhibit where it is needed to respond to a Submittal Item through citation to the “CONFIDENTIAL/PROPRIETARY” exhibit (for example “See response 1 contained within the ‘CONFIDENTIAL/PROPRIETARY’ exhibit for staff Social Security numbers”).

4.2.5. If the County determines that a submission improperly designates information as confidential or proprietary, the County may, at its sole discretion: (i) deem the information releasable; (ii) declare the submission non-conforming/non-responsive; (iii) remove such information, or (iv) take any other appropriate action. (Note: Pricing and Terms and Conditions are generally not confidential under the California Public Records Act).

5. QUOTE EVALUATION

5.1. Evaluations may consider factors such as technical merit, experience, capacity, history of Offeror compliance, availability, price, and more to determine the quote(s) that provide the best value to the County.

5.2. During evaluation, the County may appropriately consider the sustainability and social, human health, environmental, and economic impact of Offeror’s proposed products and/or approach to providing goods and/or services, in accordance with Board Policy B-67. Therefore, Offerors are encouraged to include relevant information in their quotes, to the degree related to the goods or services sought.

5.3. During evaluation, the County may appropriately evaluate the cultural competency of Offeror and Offeror’s proposed approach to providing goods and services. Therefore, Offerors are encouraged to include relevant information in their quotes, to the degree related to the goods or services sought.

5.4. When evaluating an Offeror’s cost or pricing, the County may also consider the effect of the quote on the overall total cost to the County.

5.5. When evaluating Offeror’s quote, the County will appropriately consider the proposed purchase, acquisition, or use of goods, products, and materials produced in the United States, in accordance with 2 CFR § 200.322. Offeror should include information relevant under section 200.322 in its quote in order to be considered for such preference during evaluation.

6. COUNTY COMMITMENT

6.1. This RFQ does not commit the County to award a contract, nor does it commit the County to pay any of

Offeror’s costs incurred in the preparation or submission of the quote. Further, Offeror shall not incur any reimbursable cost in anticipation of a contract award.

6.2. Neither Offeror nor any of its representatives shall have any claims whatsoever against the County or any of its respective officials, agents, or employees arising out of or relating to this RFQ or these procedures (other than those arising under a definitive contract with Offeror in accordance with the terms thereof).

6.3. The County reserves the right to separately procure the same or similar goods or services.

AS-NEEDED LABOR COMPLIANCE CONSULTATION SERVICES

RFQ 13345 Page 4 of 45

6.4. The County may withhold all information regarding this procurement until after negotiations are complete, including, but not limited to: the number of quotes received; the identity of Offeror(s); the content of quotes; the County’s evaluation and results thereof. Information releasable after the conclusion of negotiations is subject to the disclosure requirements and withholding exemptions of the California Public Records Act.

6.5. Pursuant to County Charter §§ 703.10 and 916, award of a contract resulting from this RFQ may be subject to the County’s requirement to determine that the services can be provided more economically and efficiently by an independent contractor than by persons employed in the Classified Service.

6.6. In the event that an Offeror is involved in a merger, acquisition, or other change in control, the County reserves the right to award a contract to a resulting entity.

7. DILIGENCE AND DUTY TO INQUIRE

7.1. Should Offeror find discrepancies in or omissions from, or be in doubt as to the meaning of, the RFQ or related documents, Offeror shall have a duty to submit a Question to the County.

7.2. Offerors are expected to perform reasonable due diligence with regard to this RFQ and the work required, including, but not limited to, information that is publicly or otherwise reasonably available and, if applicable, information that can be obtained during a site visit (including verification of measurements, conditions, and other attributes). Neither the selected Offeror(s), nor any Offerors, shall be entitled to any price adjustment or other relief based upon information that was discovered or should have been discovered through due diligence.

7.3. The County makes no representation or warranty, express or implied, as to the accuracy or completeness of any diligence material or other information provided by the County or any of its agents, representatives, contractors, or consultants. Such information may reflect good faith assumptions, estimates, or projections, which may or may not prove to be correct.

7.4. Offeror should not rely upon oral statements made or explanations given by the County, including any oral responses to Questions or other inquiries. No prior, current, or post award communication(s) with any officer, agent, or employee of the County shall affect or modify any terms or requirements of this RFQ, except as explicitly provided for in this RFQ.

8. OFFEROR COMMUNICATIONS

8.1. All communications from Offeror (including its employees, agents, and representatives) to the County or its officers and employees (including consultants working on or assisting with this procurement), related to this RFQ or Offeror’s quote, must be directed in writing exclusively to the Contracting Officer, unless otherwise authorized in writing by the Contracting Officer. Offerors shall not communicate with or attempt to contact any other County personnel about this solicitation, except as otherwise allowed for in this RFQ or by law. Any improper contact may, at the County’s sole discretion, cause Offeror to be removed from consideration for contract award.

8.2. If Offeror issues any public announcement or otherwise engages in communication that, in the County’s sole determination, compromises the integrity of this RFQ process or attempts to restrain competition, Offeror may be removed from consideration for award.

8.3. Audio and/or video recording of presentations, discussions, negotiations, , or other communications with the County regarding this RFQ are prohibited, unless specifically authorized in writing by the Contracting Officer.

9. SOLICITING EMPLOYEES

9.1. Until contract award, Offerors shall not, directly or indirectly, solicit any employee of the County to leave the County’s employ in order to accept employment with Offeror, its affiliates, actual or prospective contractors, or any person acting in concert with Offeror without prior written approval of the County’s Contracting Officer. This paragraph does not prevent the employment by Offeror of a County employee who has initiated contact with Offeror.

AS-NEEDED LABOR COMPLIANCE CONSULTATION SERVICES

RFQ 13345 Page 5 of 45

10. PROHIBITED CONTRACTS AND SUBCONTRACTS

10.1. In accordance with Section 67 of the San Diego County Administrative Code, the County shall not contract with, and shall reject any quote submitted by, the person or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract:

10.1.1. Persons employed by the County or of public agencies for which the Board of Supervisors is the governing body;

10.1.2. Profit-making firms or businesses in which employees described in subsection 11.1.1 serve as officers, principals, partners, or major shareholders;

10.1.3. Persons who, within the immediately preceding twelve (12) months, came within the provisions of subsection 11.1.1 and who (i) were employed in positions of substantial responsibility in the area of service to be performed by the contract; or, (ii) participated in any way in developing the contract or its service specifications; and

10.1.4. Profit-making firms or businesses in which the former employees described in subsection 11.1.3 serve as officers, principals, partners, or major shareholders.

10.2. Per Board Policy A-79, a successful Offeror that is a non-profit corporation shall not subcontract any work under the agreement with a related for-profit subcontractor where an interlocking directorate, management, or ownership relationship exists, unless specifically authorized by the Board of Supervisors.

10.3. Offeror certifies that, if awarded a contract under this RFQ, such contract will be in compliance with Sections 11.1 and 11.2 above. Offeror shall promptly notify the County of any change in circumstance affecting these provisions.

11. CALIFORNIA REVENUE & TAXATION CODE § 18662

11.1. In compliance with California Revenue and Taxation Code § 18662, if Offeror is a non-resident of

California (out-of-state invoices) that receives California source income and has not completed Franchise Tax Board Form 590, there may be a backup withholding on all payments. Fifteen (15) business days prior to the first payment from the County, new suppliers or suppliers with expired forms or forms with incorrect information must submit new forms to the County (forms are available from the Franchise Tax Board website listed below).

11.2. Under certain circumstances, Offerors may be eligible for reduced or waived nonresident withholding. If Offeror has already received a waiver or a reduced withholding response from the State of California and the response remains valid, Offeror should submit the response to the County in lieu of the forms. Failure to submit the required forms will result in withholding of payments. Offerors should access the Franchise Tax Board websites, listed below, for tax forms and relevant information regarding non-resident withholding, including waivers or reductions. The County will not give Offerors any tax advice. It is recommended that Offerors speak with their tax advisers and/or the State of California for guidance.

Franchise Tax Board Websites:

https://www.ftb.ca.gov https://www.ftb.ca.gov/forms/search/

11.3. If selected for award, Offeror must submit applicable forms to the Auditor & Controller via fax, at (858) 694-2060, or mail originals to: County of San Diego, 5530 Overland Avenue, Suite 410, San Diego, CA 92123. The P.O. Number or Contract Number (if available) and “California Revenue and Taxation Code § 18662” must appear on fax cover sheet and/or the outside of the mailing envelope.

12. W-9 FORM

12.1. If selected for award, Offeror must complete and submit a W-9 form if a current form is not on file with the County.

https://www.ftb.ca.gov/ https://www.ftb.ca.gov/forms/search/

AS-NEEDED LABOR COMPLIANCE CONSULTATION SERVICES

RFQ 13345 Page 6 of 45

C. SUBMITTAL ITEMS

EXHIBIT 1 - REQUIRED FORMS

1.1 Submit a completed and signed Offeror’s Cover Page (PC600) form

• Required for all Offerors

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC600_dpc_Offerors_Cover_Page.p df

1.2 Submit a completed and signed Representations and Certifications form (PC601)

• Required for all Offerors

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC601_dpc_Reps_and_Certs.pdf

1.3 Submit a completed and signed Small-Local Business Self-Certification Form (PC610)

• All Offerors are encouraged to complete this form to support County data collection.

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC610_dpc_Small_Local_Self_Cert .pdf

1.4 Submit a completed and signed Nondisclosure Indemnification Agreement (PC620) (if applicable).

• Required if submitting Confidential/Proprietary Information (see RFQ Instructions and Rules section 4.2)

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC620_dpc_Nondisclosure_Indemn ity.pdf

2. EXHIBIT 2 - PROGRAM/TECHNICAL EXHIBIT

2.1 Statement of Work

Please confirm Offeror has read, fully understands, and agrees. Offeror’s proposal will meet the requirement and outcomes specified in Exhibit A – Statement of Work (SOW).

Yes ☐ No ☐ If answer is “no” above, please describe what areas cannot be met.

2.2 Experience and Qualifications

Check yes/no if the classifications listed below to be provided by the Contractor meet the minimum requirements for providing labor compliance programs for construction.

(1) Senior Labor Compliance - BS degree or studies in engineering, construction management, business management or related field and 8 years of work experience

(2) Labor Compliance Analyst - BS degree or studies in engineering, construction management, business management or related field and 3 years of work experience https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC600_dpc_Offerors_Cover_Page.pdf https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC600_dpc_Offerors_Cover_Page.pdf https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC601_dpc_Reps_and_Certs.pdf https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC610_dpc_Small_Local_Self_Cert.pdf https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC610_dpc_Small_Local_Self_Cert.pdf https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC620_dpc_Nondisclosure_Indemnity.pdf https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC620_dpc_Nondisclosure_Indemnity.pdf

AS-NEEDED LABOR COMPLIANCE CONSULTATION SERVICES

RFQ 13345 Page 7 of 45

(3) Administrative Assistant/Labor Compliance Support - High School Diploma and 2 years of work experience Yes ☐ No ☐

(4) Compliance Trainer - High School Diploma and 2 years of similar work experience

2.3 List of similar customers within the last 5 years with dates of service provided and size of project.

2.4 Does your firm have a State approved Labor Compliance

Program? Yes No If “yes” to above, please provide the LCP ID #_________________

2.5 Consultant Requirements

2.5.1 Does Consultant have extensive knowledge, experience, and technical competence in dealing with federal and state regulations?

Yes No

2.5.2 Does Consultant’s firm shall have at least five (5) years of experience in providing labor compliance services?

Yes No

2.6 Provide resumes of only the personnel being proposed to provide the requested services. Include their title, education, applicable qualifications, experience, and any certifications they may have. Additionally provide what specific services they will be performing.

References Offeror shall submit a minimum of three (3) business references who will attest to having conducted business with Offeror’s organization for the same or similar services for which you are applying within the past five (5) years.

Reference #1

Reference #2

RFQ 13345 Page 8 of 45

Reference #3

County staff may verify the information. The County will make reasonable attempts to contact any reference, and the inability to contact a reference may be treated as an unfavorable reference for evaluation purposes. An unfavorable response is a response from a listed reference stating they would not enlist the organization to perform services again in the future, or comments provided that the County deems to be substantially negative or reflective of substandard service. The County reserves the right to contact County departments or any other agency for which the organization has previously performed under contract. The County also reserves the right to make its own inquiries to other sources for which services have been performed but are not listed. The County may, at its sole discretion, disqualify a vendor if the requested number of references stated is not provided or responses are considered unfavorable.

NOTE: DO NOT USE SAN DIEGO COUNTY STAFF AS REFERENCE.

2.7 Approach

Provide an overview of your approach to auditing labor practices.

2.8 Byrd Anti-Lobbying Amendment certification: Confirm (YES/NO). Offeror certifies that it and its subcontractors will not and have not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. § 1352. List as a

AS-NEEDED LABOR COMPLIANCE CONSULTATION SERVICES

RFQ 13345 Page 9 of 45 disclosure any lobbying with non-federal funds that takes place in connection with obtaining any federal award by Offeror or Offeror’s subcontractors.

YES ☐ NO ☐

3. EXHIBIT 3 - COST/PRICE EXHIBIT

3.1 Submit a completed Payment Schedule

4. EXHIBIT 4 – ACCEPTANCE OF TERMS AND CONDITIONS

4.1 Confirm acceptance “YES/NO” of the County of San Diego’s Draft Agreement (including insurance requirements):

YES ☐ NO ☐

4.1.1 If “NO,” provide a detailed list of exceptions to the terms and conditions, the nature of its concern, and what terms the Offeror is willing to accept.

Note: The Offeror will be deemed to have accepted any terms and conditions of the Contract to which it does not take exception to. The County may, as part of its evaluation process, conclude that exceptions are so numerous and/or material as to make Offeror’s response to the solicitation unacceptable.

5. EXHIBIT 5 – CONFIDENTIAL PROPRIETARY

5.1 Include any Confidential/Proprietary Information in this exhibit, in accordance with RFQ Instructions and Rules section 4.2

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RFQ 13345 Page 10 of 45

D. REQUIRED FORMS

RFQ 13345 Page 11 of 45

E. EXHIBIT A - STATEMENT OF WORK

1. Purpose

1.1. San Diego County Fire (County Fire) seeks a Labor Compliance Consultant (LCC) to provide as-needed labor compliance services in support of County Fire programs and projects funded through State, County, and/or Federal funding sources.

1.2. The contract will include an initial term with two (2) option periods, to be exercised at the sole discretion of the County. The LCC shall assist County Fire in ensuring that contractors and subcontractors comply with all applicable federal, state, and local labor laws, including but not limited to prevailing wage requirements, certified payroll reporting, and apprenticeship standards enforced by the California Department of Industrial Relations (DIR).

2. Definitions

2.1. Contractors – qualified supplier with an existing County Agreement and their subcontractors performing work under County Fire contracts.

2.2. Labor Compliance Consultant (LCC) – The consultant retained to monitor, enforce, and support compliance with applicable labor laws and regulations.

2.3. County Contracting Officer’s Representative (COR) – The County-designated individual responsible for oversight and administration of this contract.

2.4. 20FT Roadside Vegetation – A County funded program that conducts clearing, trimming, or removal of vegetation within twenty (20) feet of roadways to reduce wildfire risk, improve defensible space, and maintain safe access for emergency response.

2.5. Vegetation Management - The planned treatment, control, and maintenance of vegetation to reduce wildfire hazards, and support defensible space and fuel reduction objectives.

2.6. Home Hardening Program - A federal and state funded program administered by County Fire to retrofit and improve residential structures to reduce vulnerability to wildfire hazards through ignition-resistant construction and defensible space measures.

2.7. Pre-Disaster Mitigation Grant - A Federal and County program that provides funding towards County Fire Stations intended to reduce wildfire risk to critical infrastructure and vulnerability to communities

2.8. County Fire Facilities - Buildings, structures, and related infrastructure owned, operated, or leased and maintained by San Diego County Fire Protection District that support fire protection, emergency response, and administrative functions

3. Background

3.1. County Fire administers various facility maintenance and repair projects, vegetation management efforts, programs, and construction-related activities funded through State, County, and Federal sources, including grants, appropriations, and other funding mechanisms. These projects may involve public works activities subject to applicable federal, state, and local labor laws and regulations, including but not limited to:

3.1.1. California Labor Code Section 1720 et seq. (Public Works)

3.1.1.1. California Labor Code Section 1720 et seq. defines “public works” as construction, alteration, demolition, installation, or repair work performed under contract and paid for in whole or in part with public funds. Projects meeting this definition are subject to prevailing wage and related labor compliance requirements, and contractors and subcontractors must comply with all applicable provisions of the California Labor Code

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RFQ 13345 Page 12 of 45

3.1.2. California Labor Code Section 1770 et seq. (Prevailing Wage)

3.1.2.1. California Labor Code Section 1770 et seq. requires that workers on public works projects be paid no less than the applicable prevailing wage rates as determined by the Department of Industrial Relations (DIR). These requirements apply to all work funded in whole or in part with public funds.

Contractors and subcontractors must comply with prevailing wage laws, maintain accurate payroll records, and meet all applicable labor standards. County Fire is responsible for incorporating these requirements into contracts and monitoring compliance throughout the project.

3.1.3. California Labor Code Section 1776 (Certified Payroll Records)

3.1.3.1. California Labor Code Section 1776 requires contractors and subcontractors performing work on public works projects to maintain accurate certified payroll records and make them available for inspection upon request. Records must be submitted in a timely manner and include all required worker and wage information to demonstrate compliance with applicable labor laws.

3.1.4. California Labor Code Section 1777.5 (Apprenticeship Requirements)

3.1.4.1. California Labor Code Section 1777.5 requires contractors and subcontractors on public works projects to employ registered apprentices and comply with applicable apprenticeship standards.

This includes submitting required notices, maintaining proper apprentice-to-journeyman ratios, and contributing to approved apprenticeship training programs.

3.2. Applicable Federal labor standards, including Davis-Bacon and Related Acts, when applicable.

4. Consultant Responsibilities include but are not limited to:

4.1. The LCC shall provide comprehensive labor compliance services on an as-needed, task order basis, including but not limited to the following:

4.2. General Compliance Oversight

4.2.1. Consultant shall serve as the primary contact person for the county contractors and their subcontractors for issues related to labor compliance standards.

4.2.2. Ensure contractor and subcontractor compliance with DIR requirements and applicable federal labor standards.

4.2.3. Monitor and enforce the proper reporting of prevailing wages, fringe benefits, apprenticeship utilization, and the resolution of worker wage violations.

4.3. Pre-Construction Support

4.3.1. Provide and conduct pre-construction labor compliance meetings, and/or orientations with contractors and/or subcontractors throughout the contract period as needed and as identified by the County COR.

4.3.2. Provide each contractor and subcontractor a Labor Compliance Program Manual which shall include at a minimum:

4.3.2.1. Checklist of Labor law requirements

4.3.2.2. Copies of and directions for filling out all forms such as

4.3.2.3. Department of Apprenticeship Standards (DAS) Form 140

4.3.2.4. Department of Apprenticeship Standards (DASA) Form 142

4.3.2.5. California Apprentice Council Training Fund Contribution (CAC-2)

4.3.2.6. Fringe Benefits Statement (FBS) Form

4.3.2.7. And other forms as necessary

4.3.2.8. Applicable prevailing wage determinations

4.3.2.9. Skilled and trained workforce requirements

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RFQ 13345 Page 13 of 45

4.4. Certified Payroll and Documentation Review

4.4.1. Review certified payroll records (CPRs) for accuracy and compliance.

4.4.2. Monitor contractor submissions in the DIR eCPR system.

4.4.3. Identify and notify contractors and County Fire of deficiencies or non-compliance.

4.4.4. Provide monthly reporting on missing or incomplete documentation.

4.5. Auditing

4.5.1. Perform audits and investigations related to wage compliance and worker classification.

4.5.2. Monitor apprenticeship utilization and compliance

4.6. Enforcement and Issue Resolution

4.6.1. Consultant shall resolve issues of misclassification, underpayment, and/or non-compliance of Contractor(s).

4.6.2. Coordinate corrective actions with contractors.

4.6.3. Consultant shall handle all requests for information pursuant to the California Public Records Act, Government Code Section 6250, et. seq. Working with SDCF COR.

4.6.4. Support withholding recommendations when applicable.

4.7. Reporting and Communication

4.7.1. Provide regular status reports to County Fire.

4.7.2. Maintain communication with contractors and subcontractors that is related to labor compliance training and questions related to labor compliance.

4.7.3. Respond to DIR inquiries, audits, and investigations.

4.8. Records Management and Public Records

4.8.1. Maintain all compliance documentation throughout the life of the project.

4.8.1.1. All hard copies to be mailed to COR upon completion of task order.

4.8.2. Ensure proper handling and redaction of sensitive payroll information.

5. Consultant Requirements

5.1. Consultant shall provide extensive knowledge, experience, and technical competence in dealing with federal and state regulations.

5.2. Consultant’s firm shall have at least five (5) years of experience in providing labor compliance services and personnel provided shall comply with the minimum requirements as stated in Exhibit C -Pricing Schedule.

5.3. Consultant shall maintain current knowledge of changes in labor laws and regulations.

5.4. Follow DIR and Division of Labor Standards Enforcement (DLSE) approved processes.

6. Task Order Process

6.1. SDCF COR shall provide a copy of the task order form (Attachment 1) which will include a Statement of Work to the Consultant for services or materials needed.

6.2. Prices in quote shall be in accordance with rates listed in Exhibit C-Pricing Schedule.

6.3. Consultant shall provide a list of positions of individuals that shall be assigned to provide consultation services as well as justification of individual roles and estimated time of effort on each project.

6.4. If SDCF COR agrees to quote provided, they shall route the task order for signature approval and send an executed copy to consultant via electronic mail prior to a Notice to Proceed.

AS-NEEDED LABOR COMPLIANCE CONSULTATION SERVICES

RFQ 13345 Page 14 of 45

6.5. Anticipated changes or adjustments to staffing needs must be submitted to COR in writing within 24 hours of determining need to make staffing adjustments. COR shall approve the request in writing, which includes an effective date, before consultant can make any adjustments to staff assigned to provide services under this contract.

7. Payment and Invoicing

7.1. Consultant shall submit invoices to OES.AP@sdcounty.ca.gov and copy the COR in accordance with rates listed in Exhibit C – Pricing Schedule and the signed task order.

7.2. All pricing shall be firm, fixed in accordance with the pricing schedule.

7.3. Invoices shall include a description of the services being invoiced and any supporting documentation, if applicable.

7.4. Invoices shall be reviewed and approved by the COR.

8. Privacy Statement

8.1. Contractor shall comply with all applicable federal and State laws pertaining to the privacy and security of

Protected Information including, but not limited to, California Civil Code Section 1798, California Civil Code Section 56.10, California Welfare and Institutions Code Section 827, and California Penal Code Section 1203 mailto:OES.AP@sdcounty.ca.gov

AS-NEEDED LABOR COMPLIANCE CONSULTATION SERVICES

RFQ 13345 Page 15 of 45

EXHIBIT A – STATEMENT OF WORK

ATTACHMENT 1 – SAMPLE TASK ORDER

CONSULTANT SERVICES TASK ORDER

5560 OVERLAND AVENUE, SUITE 400, SAN DIEGO, CA 92123

CONTRACTOR: PROGRAM:

REQUEST DATE: PROJECT NO.:

CONTRACT TERM: TASK ORDER NO.:

DIVISION REQUESTING: Community Risk Reduction TASK ORDER LEAD:

If amending/extending, summarize changes to existing task order:

Description of Scope of Services:

Total Cost of Task Order Services:

Payment Schedule:

DISTRIBUTION: (Please provide copies of the final signed Task Order to those listed below)

Fiscal Use Only:

Project: Org: Exp Type: Task: Award:

NEW TASK ORDER AMENDED/EXTENDED TASK ORDER

Standard Priority High Priority

Firm Price Not to Exceed Estimate

Consultant Support Services

1. CONTRACTOR

By: _____________________________ Date: _____________ Name, Title

2. COR, Contracting Officer’s Representative

By: _____________________________ Date: __________ Name, Title

3. CONTRACT MANAGEMENT

By: __________________________ Date: _____________ Name, Title

4. FISCAL

By: __________________________ Date: _____________ Name, Title

AS-NEEDED LABOR COMPLIANCE CONSULTATION SERVICES

RFQ 13345 Page 16 of 45

F. PAYMENT SCHEDULE

1. Provide Hourly Rates for all Classifications Associated with Work Performed Per Exhibit A – Statement of Work

INITIAL TERM

ITEM

NO

LABOR

CATEGORY

WORK

DESCRIPTION

UOM

ESTIMATED

ANNUAL

NUMBER OF

HOURS

FULLY

BURDENED

HOURLY

RATE*

EXTENDED

PRICE

Senior Labor Compliance Specialist

Review and make sure that all employees are paid according to prevailing wage and California wage laws. Have public works knowledge and understanding of union vs non-union.

Hour 100 $ $

Labor Compliance Analyst

Provide overall support to public funded public work projects including logging, auditing, and reporting duties

Hour 700 $ $

Administrative Assistant/Labor Compliance Support

Provides administrative support to the compliance team.

Hour 350 $ $

4 Compliance Trainer

Provides training for County staff, General Contractors, and Subcontractors as required, and serves as a resource for addressing any questions related to prevailing wage

Hour 75 $ $

TOTAL PRICE

ALL PRICING TO REMAIN FIRM/FIXED

PRICING SHALL INCLUDE ALL APPLICABLE FEES

RFQ 13345 Page 17 of 45

1ST OPTION PERIOD

LABOR

CATEGORY

WORK

DESCRIPTION

UOM

ESTIMATED

ANNUAL

NUMBER OF

HOURS

FULLY

BURDENED

HOURLY

RATE*

EXTENDED

PRICE

Senior Labor Compliance Specialist

Review and make sure that all employees are paid according to prevailing wage and California wage laws. Have public works knowledge and understanding of union vs non-union.

Hour 100 $ $

2 Labor Compliance Analyst

Provide overall support to public funded public work projects including logging, auditing, and reporting duties

Hour 700 $ $

Administrative Assistant/Labor Compliance Support

Provides administrative support to the compliance team.

Hour 350 $ $

4 Compliance Trainer

Provides training for County staff, General Contractors, and Subcontractors as required, and serves as a resource for addressing any questions related to prevailing wage

Hour 75 $ $

TOTAL PRICE $

RFQ 13345 Page 18 of 45

2ND OPTION PERIOD

LABOR

CATEGORY

WORK DESCRIPTION UOM

ESTIMATED

ANNUAL

NUMBER OF

HOURS

FULLY

BURDENED

HOURLY

RATE*

EXTENDED

PRICE

Senior Labor Compliance Specialist

Review and make sure that all employees are paid according to prevailing wage and California wage laws. Have public works knowledge and understanding of union vs non-union.

Hour 100 $ $

Labor Compliance Analyst

Provide overall support to public funded public work projects including logging, auditing, and reporting duties

Hour 700 $ $

Administrative Assistant/Labor Compliance Support

Provides administrative support to the compliance team.

Hour 350 $ $

4 Compliance Trainer

Provides training for County staff, General Contractors, and Subcontractors as required, and serves as a resource for addressing any questions related to prevailing

Hour 75 $ $

TOTAL PRICE $

*Fully Burdened Rate should include hourly rate, fringe benefit rate, overhead rate, general and administrative rate, vacation, sick time, training, parking, tolls, film, postage, facsimiles, computer usage, printing, normal copying and document reproduction, blueprint services, telecommunication, security badging, photography and any other costs and expenses incurred in completing such services.

Potential Incidental Costs - Summary Contractor shall be entitled to reimbursement for approved reasonable incidental cost for necessary travel expenses related to work being performed. To be eligible for reimbursement, these expenses shall adhere to the current U.S.

General Services Administration (GSA) published Per Diem guidelines for San Diego, CA. Contractor must have incurred the expenses to travel to the project site to provide services specified in Exhibit A-Statement of Work.

RFQ 13345 Page 19 of 45

TOTAL PRICING

TERM PRICE

INITIAL TERM $

1st OPTION PERIOD $

2nd OPTION PERIOD $

GRAND TOTAL $

COMPANY NAME

REPRESENTATIVE NAME

REPRESENTATIVE TITLE

REPRESENTATIVE PHONE

EMAIL

AS-NEEDED LABOR COMPLIANCE CONSULTATION SERVICES

RFQ 13345 Page 20 of 45

G. DRAFT AGREEMENT

The County’s contract with the successful Offeror(s) will be based upon the following Draft Agreement, structured as follows:

Draft Agreement

Exhibit A – Statement of Work Exhibit B – Insurance Requirements Exhibit C – Payment Schedule

Exhibits A (Statement of Work) and C (Payment Schedule) will be added during contract finalization. Offerors will be deemed to have accepted the Draft Agreement and Statement of Work, except where Offeror has taken clear exception in its quote in accordance with and when provided for in the Submittal Items.

AS-NEEDED LABOR COMPLIANCE CONSULTATION SERVICES

RFQ 13345 Page 21 of 45

This agreement (“Agreement”) is made and entered into effective as of the date of the last signature on the signature page by and between the County of San Diego, a political subdivision of the State of California (“County”) and [# enter full corporate title, business structure (obtain from contractor - e.g. “a California corporation,” “a California limited liability company,” “a California public benefit corporation”), located at (complete address)] (“Contractor”), with reference to the following facts:

RECITALS

A. Pursuant to the San Diego County Administrative Code section 401, the County’s Director of the Department of Purchasing and Contracting is authorized to award a contract for as-needed labor compliance consultation services.

B. Contractor is specially trained and possesses certain skills, experience, education, and competency to perform these services.

C. The Chief Administrative Officer made a determination that Contractor can perform the services more economically and efficiently than the County, pursuant to section 703.10 of the County Charter.

D. The Agreement shall consist of:

• This document,

• Exhibit A Statement of Work,

• Exhibit B Insurance Requirements, and

• Exhibit C Payment Schedule.

E. In the event of a conflict between any provisions of this Agreement, the following order of precedence shall govern: First (1st) this document; Second (2nd) Exhibit B; Third (3rd) Exhibit A; Fourth (4th) Exhibit C;

NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

ARTICLE 1

KEY PROVISIONS

1.1 CONTRACTOR: _____

1.2 SERVICES: as-needed labor compliance consultation services.

1.3 AGREEMENT TERM: The initial term of this Agreement shall begin on the date of the last signature on Signature Page and end on June 30, 2027 (“Initial Term”).

1.4 OPTION TO EXTEND: The County shall have the option to extend the term of this Agreement for two increments of one year(s) (each an “Option Period”), for a total of two years beyond the expiration of the Initial Term, not to exceed June 30, 2029. This option shall be automatically exercised unless County notifies Contractor in writing not less than thirty (30) days prior to an Option Period that the County does not intend to extend the Agreement.

1.4.1 Options to Extend for One to Six Additional Months at End of Agreement. County shall also have the option to extend the term of this Agreement, in one or more increments, for a total of no less than one (1) and no more than six (6) calendar months (“Incremental Options”). The County may exercise each Incremental Option by providing written notice to Contractor no fewer than fifteen (15) calendar days prior to expiration of this Agreement. The rates in effect at the time an Incremental Option is exercised shall apply during the term of the Incremental Option.

1.5 COMPENSATION: Pursuant to Exhibit C, Article 4, and other applicable provisions of this Agreement, County agrees to pay Contractor a sum not to exceed [#] ($######) (“Maximum Agreement Amount”). Furthermore, compensation for the Initial Term and any Option Periods shall not exceed the amounts shown for the Initial Term or that Option Period shown below.

Initial Term ##/##/#### - ##/##/#### $___________ First Option Period ##/##/#### - ##/##/#### $___________ Second Option Period ##/##/#### - ##/##/#### $___________

1.6 COR: The County designates the following individual as the Contracting Officer’s Representative (“COR”).

#Name and Title

#Address #Address

#Phone and email

AS-NEEDED LABOR COMPLIANCE CONSULTATION SERVICES

RFQ 13345 Page 22 of 45

1.7 CONTRACTOR’S REPRESENTATIVE: Contractor designates the following individual as the Contractor’s Representative.

#Name and Title #Address #Address

#Phone and email

ARTICLE 2

PERFORMANCE OF WORK

2.1 Statement of Work. Contractor shall perform the work described in the “Statement of Work” attached as Exhibit A to this Agreement, and by this reference incorporated herein, except for any work therein designated to be performed by County.

2.2 Standard of Performance. Contractor shall, in good and workmanlike manner and in accordance with the highest professional standards, at its own cost and expense, furnish all of the labor, technical, administrative, professional and all other personnel, all supplies and materials, equipment, printing, transportation, training, facilities, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by County, necessary or proper to perform and complete the work and provide the services required of Contractor by this Agreement

2.3 Contractor as Independent Contractor. Contractor is, for all purposes of this Agreement, an independent contractor. Neither Contractor nor any person engaged by Contractor to accomplish the work under this Agreement, including, without limitation, Contractor’s and its subcontractors’ employees, volunteers, officers, agents, consultants, and subcontractors (“Workforce”) shall be deemed to be employees of the County. Contractor shall perform its obligations under this Agreement according to the Contractor’s own means and methods of work, which shall be in the exclusive charge and under the control of the Contractor, and which shall not be subject to control or supervision by County except as to the results of the work. County hereby delegates to Contractor any and all responsibility for the safety of Contractor’s Workforce, which shall include inspection of property to identify potential hazards. Neither Contractor nor Contractor’s Workforce shall be entitled to any benefits to which County employees are entitled, including without limitation, overtime, retirement benefits, workers’ compensation benefits and injury leave.

2.4 Contractor’s Agents and Employees or Subcontractors.

Contractor shall obtain, at Contractor’s expense, all Workforce required for Contractor to perform its duties under this Agreement, and all such services shall be performed by Contractor’s, or under Contractor’s supervision, by persons authorized by law to perform such services. Retention by Contractor of any Workforce member shall be at Contractor’s sole cost and expense, and County shall have no obligation to pay Contractor’s Workforce to support any such person’s or entity’s claim against the Contractor; or to defend Contractor against any such claim.

In the event any subcontractor or consultant is utilized by Contractor for any portion of the project, Contractor retains the prime responsibility for carrying out all the terms of this Agreement, including the responsibility for performance and ensuring the availability and retention of records of subcontractors and consultants in accordance with this Agreement.

2.4.1 “Related Subcontract” means an agreement to furnish, or the furnishing of, supplies, materials, equipment, or services of any kind to Contractor or any higher tier subcontractor in the performance of some or all of the work in this Agreement. Related Subcontracts includes consultant agreements, which are defined as agreements for services rendered, or the rendering of services, by persons who are members of a particular profession or possess as special skill and who are not officers or employees of the Contractor. Examples include those services acquired by Contractor or a subcontractor in order to enhance their legal, economic, financial, or technical positions.

Professional and consultant services are generally acquired to obtain information, advice, opinions, alternatives, conclusions, recommendations, training, or direct assistance, such as studies, analyses, evaluations, liaison with government officials, or other forms or representation. Related Subcontracts shall not include agreements for ancillary goods or services, or consulting services intended to support Contractor in a general manner not specific to the work performed under this Agreement. “Related Subcontractor” means an individual or entity holding or performing a Related Subcontract.

2.4.2 Required Subcontract Provisions: Contractor shall notify all Related Subcontractors of Contractor’s relationship to County and include in its subcontracts all provisions necessary to ensure Contractor’s and subcontractors’ compliance with this Agreement. Without limiting the foregoing, Contractor shall specifically include in its Related Subcontracts, and require Related Subcontractors’ compliance with, the applicable provisions of Articles 3, 7, 9, 10, 11, 12, 14, 15, 17 and 18, and section 4.6.1 of Article 4 hereunder, altered as necessary for proper identification of the contracting parties.

2.4.3 County Approval: Any Related Subcontract that is in excess of fifty thousand dollars ($50,000) or twenty five percent (25%) of the value of this Agreement, whichever is less; or a combination of Related Subcontracts to the

AS-NEEDED LABOR COMPLIANCE CONSULTATION SERVICES

RFQ 13345 Page 23 of 45 same individual or firm for the Agreement period, the aggregate of which exceeds fifty thousand dollars ($50,000) or twenty five percent (25%) of the value of this Agreement, whichever is less; or any Related Subcontract for professional medical or mental health services, regardless of value, must have prior concurrence of the COR.

2.5 Offshore Prohibition. Except where Contractor obtains the County’s prior written approval, Contractor shall perform the work of this Agreement only from or at locations within the United States.

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