RFQ DPHE26 CD 6037~1.pdf

Rev. 9/2025- Services

Request for Qualification Applications for Sexually Transmitted Infection & Hepatitis C

Virus (STI & HCV) Collaboration Project No. DPHE26-CD-6037

San Bernardino County Department of Public Health

451 E Vanderbilt Way Suite 325 San Bernardino, CA, 92408

5/2026

Purchasing Department

Request for Qualification Application

STI & HCV Collaboration

I. INTRODUCTION

A. Purpose The San Bernardino County (County), Department of Public Health (DPH), is seeking Qualification Applications from interested and qualified organizations, hereinafter referred to as “Applicant” or “Contractor” to collaborate with the County by providing onsite workspace, as well as training and access to the electronic health record (EHR) used by the Applicant (if applicable) to an embedded Communicable Disease Investigator (CDI) from the County. The embedded CDI will deliver sexually transmitted infection (STI) and Hepatitis C virus (HCV) awareness services to individuals served by the selected Applicant.

The services provided by DPH will be offered at no cost to the Applicant and considered as an in-kind contribution. Services will focus on prevention, testing, monitoring, and facilitation of access to treatment for vulnerable and underserved individuals living with, or at high risk of STI and/or HCV infection. Priority populations include individuals of age 14–24, women of childbearing of age 15–49, members of the lesbian, gay, bisexual, transgender, queer, and other sexual and gender minority (LGBTQ+) community, current or former intravenous drug users (IDUs), individuals recently incarcerated, and individuals who are low-income or unhoused.

The Request for Qualification (RFQ) is being released to identify and prequalify organizations that actively serve the specified community within the County. The purpose of this RFQ is to establish an active list of eligible applicants who are qualified and interested in working with the County to provide an onsite location and assistance to clients through comprehensive STI/HCV education and support services.

Selected organizations will play a vital role in helping individuals receive education on STIs and HCV, as well as linkage-to-care services for individuals who may require testing, treatment, or ongoing support.

These efforts are essential to improving health outcomes, reducing transmission rates, and ensuring timely access to care for vulnerable populations. The number of applicants selected will be determined by the quality of the Qualification Applications received.

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

San Bernardino County Department of Public Health Attn: Samantha Padilla 451 E Vanderbilt Way, 3rd Fl, Suite 325 San Bernardino, CA 92408 (909)677-3929 Samantha.padilla@dph.sbcounty.gov

Contact number and e-mail address may only be used to submit questions (not bid questions).

Qualification Applications will not be accepted by email or facsimile. Qualification Applications must be submitted electronically through the County Electronic Procurement Network (ePro). The completed and signed Qualification Application must be received by the Deadline for Qualification Applications specified in Section II – Qualification Application Timeline. All Applicants must register with the ePro system prior to the date and time to submit the Qualification Application or they will be disqualified.

C. Reserved.

D. Contract Term Services to be provided under this Request for Qualifications (RFQ) are outlined under Section V, Scope of Work. The Contract period will be for a maximum of two years beginning on July 1, 2026 and ending on June 30, 2028. The County may, but is not obligated to, extend the awarded contract(s) for up to three additional one-year periods contingent on the availability of funds and Contractor’s performance.

mailto:Samantha.padilla@dph.sbcounty.gov

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STI & HCV Collaboration

E. Location of Services

Location(s) where services are to be provided, completed, and managed is at Applicant’s established facility located within San Bernardino County.

F. Assistance to Applicants with a Disability

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

II. QUALIFICATION APPLICATION TIMELINE

Release of RFQ May 25, 2026 Deadline for Submission of Questions 5:00 PM June 8, 2026 Deadline for Submission of Qualification Applications

5:00 PM June 25, 2026

Date for Tentative Contract Award July 1, 2026

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

III. DEFINITIONS

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

Board: The San Bernardino County Board of Supervisors.

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

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

Department of Public Health: The County department that helps to prevent epidemics and the spread of disease, protect against environmental hazards, prevent injuries, promote and encourage healthy behaviors, respond to disasters and assist communities in recovery, and assure the quality and accessibility of health services throughout the San Bernardino County.

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

Hepatitis C Virus (HCV): a bloodborne virus that causes hepatitis C, a liver disease that can range from a mild illness to a serious, chronic condition.

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

Purchasing Agent: The Director of the County Purchasing Department.

Request for Qualification Application (RFQ): The RFQ is a formal solicitation that is used to establish a list of qualified vendors to provide a specific product or service. It is not used to award a single Contract, in lieu

Request for Qualification Application

STI & HCV Collaboration of a formal bidding process. Once the list is established through the RFQ, departments obtain quotes from the established vendors.

Services: The requested services described in this RFQ.

Sexually Transmitted Infection (STI): also known as a Sexually Transmitted Disease (STD), is an infection that is spread through sexual contact. STIs are caused by bacteria, viruses or parasites.

Sexually transmitted disease (STI) Prevention and Control: refers to a combination of medical interventions and public health strategies aimed at reducing the transmission, impact, and complications of sexually transmitted infections.

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

IV. QUALIFICATION APPLICATION CONDITIONS

A. Authorized Signatures All Qualification Applications must be signed by an individual authorized to bind the Applicant to the provisions of the RFQ.

B. Term of Offer

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

C. Required Review Applicants should carefully review this RFQ for defects and questionable or objectionable material.

Comments from Applicants concerning defects and objectionable material in this RFQ must be made in writing and received by the RFQ contact no later than June 16, 2026, which is the deadline for submission of questions identified in Section II. This will allow issuance of any necessary amendments or addendums to the RFQ. It will also help prevent the opening of a defective RFQ and exposure of Qualification Applications upon which an award could not be made. Protests based on any omission or error, or on the content of this RFQ, may be disallowed if not submitted in writing to the attention of the RFQ Contact, prior to the June 8, 2026 deadline for submission of questions identified in Section II.

D. Incurred Costs

The County is not obligated to pay any costs incurred by Applicant in the preparation of a Qualification Application in response to this RFQ. Applicants agree that all costs incurred in developing a Qualification Application are the Applicant’s responsibility.

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

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

F. Best Value Evaluation As established in this RFQ, the County realizes that criteria other than price are important and will award contract(s) based on the Qualification Application 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.

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STI & HCV Collaboration

G. Right of Rejection

Offers must comply with all of the terms of the RFQ, and all applicable local, state, and federal laws, codes, and regulations. The County may reject as non-responsive any Qualification Application that does not comply with all of the material and substantial terms, conditions, and performance requirements of the RFQ. Further, the County may reject a Qualification Application 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 Qualification Application in response to this RFQ.

An Applicant may not qualify the Qualification Application nor restrict the rights of the County. If Applicant does so, the Qualification Application may be determined to be a non-responsive counter-offer and the Qualification Application may be rejected.

No Qualification Application 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 Qualification Application.

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

1. Do not affect responsiveness;

2. Are merely a matter of form or format;

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

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

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

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

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

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

The County reserves the right to reject any or all bids, to waive technical errors, discrepancies or informalities of a bid not affected by law, if to do so seems to best serve the public interest. The County also reserves the right to terminate this RFQ process at any time.

H. Reserved.

I. Clarification of Offers

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

J. Public Records Act All Qualification Applications 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 Qualification Application information, including cost information, will be held in confidence during the evaluation and negotiation process. Thereafter, Qualification Applications are subject to becoming a non-exempt public record.

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STI & HCV Collaboration

If an Applicant believes that any portion of its Qualification Application is exempt from public disclosure, it must indicate the specific portions believed to be confidential and not subject to disclosure on Attachment G

- Public Records Act Exemptions. The Applicant also must include a brief description that sets out the reasons for exemption from disclosure. Each stated exemption must include a citation to supporting legal authority, including statutory authority or case law, to support exemption from the Public Records Act.

Requested exemptions that do not meet the requirements of this section will not be considered.

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

By submitting a Qualification Application with portions identified in Attachment G as “Confidential,” Applicant represents that it has a good faith belief that such portions are exempt from disclosure under the California Public Records Act. Applicant 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,” Applicant 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 Qualification Application.

K. Employment of Former County Officials Information must be provided in Attachment E regarding former County Administrative Officials (as defined below) who are employed by or represent Applicant. 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 Applicant and should also include the employment and/or representative capacity and the dates these individuals began employment with or representation of Applicant. 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 Qualification Application being deemed non-responsive.

L. Iran Contracting Act of 2010 In accordance with Public Contract Code section 2204(a), the Applicant certifies upon submission that the Applicant signing the Qualification Application 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.

Applicants are cautioned that making a false certification may subject the Applicant 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. Applicant agrees that signing the Qualification Application 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 Applicant selected for Contract award. Failure to provide the information may result in a disqualification from the selection https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses

Request for Qualification Application

STI & HCV Collaboration process and no award of Contract to the Applicant. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The selected Applicant 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 Applicant 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 its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Applicant will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the selected Applicant 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 Applicant 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.

Applicant 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). Applicant also certifies in Attachment D that if it or any of the subcontractors listed in the Qualification Application 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 Applicant affirms that it has no record of unsatisfactory performance with the County in the twenty-four

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

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

Q. Reserved.

V. SCOPE OF WORK

A. BACKGROUND INFORMATION

The Department of Public Health is committed to delivering STI and HCV prevention and control services, as well as related activities, to strengthen clinical care and improve health outcomes. DPH’s Communicable Disease Section (CDS) is responsible for tracking and monitoring STIs that arise throughout the county. The California Code of Regulations requires physicians, laboratories, schools, and hospitals to report more than 80 diseases and conditions to DPH. CDS reduces the spread of https://www.sam.gov/

Request for Qualification Application

STI & HCV Collaboration communicable diseases, including STIs, by investigating reported diseases, implementing control measures, tracking disease trends, and identifying potential sources of disease outbreaks

B. PROJECT DESCRIPTION

1. Program Objective Through this collaboration, the County will embed a Communicable Disease Investigator (CDI) within the selected Applicant’s facility to provide sexual health education and conduct sexual history investigations with individuals served, work with physicians when additional testing is warranted, and facilitate linkage to care as needed, including treatment, insurance enrollment, housing resources, transportation, and food assistance. Contractors will offer safe and accessible space to embedded staff and the individuals they serve for onsite activities, assist with outreach and engagement, and work closely with County staff to implement prevention strategies within their communities. This partnership aims to integrate public health services into trusted community settings to reduce barriers and improve sexual health outcomes.

2. CBO Requirements Successful Applicant(s) (Contractor) shall:

a. Be a nonprofit organization, community-based organization or healthcare provider, or other entity engaged in public health efforts.

b. Operate and provide services within San Bernardino County

c. Conduct activities that align with STI and/or HCV education, prevention, testing, linkage to care, and/or harm reduction.

d. Provide services to individuals regardless of insurance and/or citizenship status.

e. Demonstrate a need for public health staff support in implementing and/or expanding their STI and HCV prevention and outreach activities.

f. Ensure that activities support the goals outlined in H&SC Sections 122440 and 120511.

g. Provide a private room or designated area for CDI staff to conduct patient interviews and deliver documentation‑related education in a confidential, HIPAA‑compliant setting.

h. Complete and include the Qualification Application form (Attachment J).

3. Submission of Statement of Qualification (SOQ)

SOQs must be presented in narrative, responding to the Required and Desired Qualifications, addressing experience and expertise in providing services described in the Scope of Work (SOW).

C. Reserved.

VI. QUALIFICATION APPLICATION SUBMISSION

A. General

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

2. Qualification Applications must be received by the designated date and time. All Applicants must register with the ePro system prior to the date and time to receive the Qualification Application or they will be disqualified. Late or incomplete Qualification Applications will not be accepted.

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

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=122440&lawCode=HSC https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=105.&title=&part=3.&chapter=1.&article=#:%7E:text=120511.,extent%20possible%2C%20with%20the%20following%3A&text=(C)%20Included%20community%20resources%20for%20prevention%20and%20control%20activities.

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

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STI & HCV Collaboration

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

4. Reserved.

5. Qualification Applications must be submitted in the format described below. Qualification Applications are to be prepared in such a way as to provide a straightforward, concise description of capabilities to satisfy the requirements of this RFQ.

6. Qualification Applications must be completed in all respects as required in this section. A Qualification

Application may not be considered if it is conditional or incomplete.

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

1. Presentation

Format the Qualification Application to fit on an 8 ½ X 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 Applicant.

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

4. Statement of Certification

Include the following on Attachment B:

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

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

c. A statement that all declarations in the Qualification Application 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 Applicant agrees that all aspects of the RFQ and the Qualification Application submitted shall be binding if the Qualification Application is selected and a Contract awarded.

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

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

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

5. Statement of Experience and Qualifications

Include the following in this section of the Qualification Application:

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STI & HCV Collaboration

a. Business name of the Applicant and type of legal entity such as corporation, partnership, etc. If Applicant is a business entity that must be registered with the California Secretary of State, Applicant shall provide the County the entity number assigned to it by the Secretary of State.

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

c. Statement that the Applicant does not have any commitments or potential commitments that may impact the Applicant’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. Reserved.

9. Qualification Application Description

The Qualification Application should include the following:

a. A brief synopsis of the Applicant’s understanding of the County’s needs and how the Applicant plans to meet them. This should provide a broad understanding of Applicant’s entire Qualification Application.

b. A detailed statement of the proposed Services.

c. An explanation of any assumptions or constraints.

10. Work Plan and Schedule

Include the following:

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

b. Project schedule

11. Certification Regarding Debarment or Suspension

Complete Attachment D.

12. Reserved.

13. Reserved.

14. Former County Officials Complete Attachment E.

15. Exceptions to RFQ Complete Attachment F.

16. Public Records Act Exemptions Complete Attachment G – 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. Applicant must complete and submit Attachment H – Indemnification and Insurance Requirements Affidavit, and ensure the form is complete, including the signature from Applicant’s insurance broker/agent.

VII. EVALUATION

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STI & HCV Collaboration

Qualification Applications will be subject to an Initial Review to confirm responsiveness, by determining whether each Qualification Application includes the stipulated content, required certifications or licensing, etc., and is presented in the required format, in order for the Qualification Application to advance for evaluation. Any reasonable person reviewing for responsiveness must be able to ascertain that the Qualification Application 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. Qualification Applications meeting the above requirements will be evaluated on the basis of the following criteria.

A. QUALIFICATIONS AND EXPERIENCE

Weight: 70% Considerations:

• Applicants background and reputation

• Applicant meets the requirements as outlined in this RFQ

• Qualifications of the project team

• Experience with similar services and entities

• Attachment J completion of responses

B. Reserved.

C. TECHNICAL REVIEW

Weight: 30% Considerations:

• Applicant demonstrates the ability to provide the requested service area

• Statement of understanding of the County’s needs

• Scheduling

• Technical specifications and functionality

• Quality control

• Training

• Adequacy of support staff

• Risk management

• Value-added aspects

D. Reserved.

E. Reserved.

F. Reserved.

The County may, at its sole discretion, create a shortlist of Qualification Applications 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 Applicants.

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

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STI & HCV Collaboration

After the initial meeting, evaluators will independently review and score the Qualification Applications. 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 Applicant(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 Applicant(s) selected to participate in negotiations. This may include cost, technical, or other clarifications needed to make a decision.

A. Contract Negotiation

After selection, negotiations may be conducted with the Applicant(s) of the highest-ranked Qualification Application(s). Negotiations, if held, shall be within the SOW in the request for Qualification Applications.

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

B. Failure to Negotiate

If the selected Applicant:

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 Applicant and the County, after a good faith effort, simply cannot come to terms;

Then the County may terminate negotiations with the Applicant initially selected and commence negotiations with the next highest rated Applicant.

C. Notice of Intent to Award (NOIA) – Applicant 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 Applicants. 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 Applicant.

D. Reserved.

E. Award

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

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STI & HCV Collaboration

IX. APPEAL AND AWARD

In the event a dispute arises concerning the Qualification Application process prior to the award of the Contract, the Applicant raising the dispute shall submit a request for resolution in writing to the Purchasing Agent. Applicant 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 RFQ or any addenda or amendments.

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

3. Violation of State or Federal law.

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

Stephanie Shea, Acting Director of Purchasing

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

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

(1) as a delay tactic; (2) for the purpose of posturing the Applicant 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 Applicant 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 Applicant will be provided reasonable notice of the time, date and location of the hearing. In the event that a protesting Applicant does not appear at the Protest hearing as scheduled, the Protest will be disallowed.

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

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

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

If any of the grounds are determined to be valid, the Panel will also decide if the valid portion of the Protest has so tainted the RFQ process that it is unfair to the Applicant or whether the valid grounds for the Protest

Request for Qualification Application

STI & HCV Collaboration are in the nature of harmless error and that the RFQ process was fair to the Applicant. The Panel will not re-evaluate the Qualification Applications.

The Purchasing Agent shall notify the Applicant 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 Applicant may then present its Protest to the Clerk of the Board of Supervisors for the Board’s review and decision. The Applicant 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.

An Applicant 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 Applicant has agreed that the protest procedures herein shall precede any action in a judicial or quasi-judicial tribunal regarding this Qualification Application. Protests that do not follow these procedures shall not be considered. The protest procedures constitute the sole administrative remedy available to the Applicant under this RFQ. Upon exhaustion of this remedy no additional recourse is available.

X. TERMS AND CONDITIONS

The selected Applicant will be required to enter into a formal Contract with the County. This RFQ sets forth some of the general provisions which will be included in the final Contract. In submitting a response to this RFQ, Applicant will be deemed to have agreed to each clause unless the Qualification Application identifies an objection and County agrees to a change of language in writing. This includes the terms in the Business Associate Contract in Attachment I. All objections to any Terms and Conditions must be listed on Attachment F – Exceptions to RFQ, 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 a per 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

Request for Qualification Application

STI & HCV Collaboration 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. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period.

6. Change of Address Contractor shall notify the County in writing of any change in mailing address within ten (10) business days of the change.

7. Choice of Law This Contract shall be governed by and construed according to the laws of the State of California.

8. Reserved.

9. Confidentiality Pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act, regulations have been promulgated governing the privacy of individually identifiable health information. Contractor acknowledges that it is a covered entity and subject to the requirements of HIPAA and HITECH, and their implementing regulations. Contractor agrees to fully comply with the terms of HIPAA and HITECH, and regulations promulgated thereunder, and to ensure any Subcontractors utilized to fulfill Services pursuant to this Contract comply with said provisions. Contractor further agrees to comply with the requirements of all other applicable federal and state laws that pertain to the protection of health information.

10. Primary Point of Contact The Contractor will designate an individual to serve as the primary point of contact for the Contract.

Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

11. County Representative The Director of Department of Public Health or his/her designee shall represent the County in all matters pertaining to the Services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

12. Reserved

13. Debarment and Suspension The Contractor certifies that neither it nor its principals or subcontracts is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov). Contractor further certifies that if it or any of its subcontractors 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.

https://www.sam.gov/

Request for Qualification Application

STI & HCV Collaboration

14. Drug and Alcohol-Free Workplace

In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:

a. Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

b. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

c. Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.

The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.

15. Duration of Terms This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

16. Employment Discrimination

During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

17. Environmental Requirements In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the County in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractors must also be able to report on environmentally preferable goods used in the provision of Services to the County, utilizing a County approved form.

18. Improper Influence Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her…