RFQ_HAZMAT_Services_Sourcing_Event_ID0000012053.pdf

P-697 (01-26) i Sourcing Event 0000012053 September 1, 2028

City and County of San Francisco Sourcing Event ID 0000012053

Request for Qualifications for:

Professional if-and-as-needed mitigation, abatement, remediation of hazardous materials, and related restoration services

This RFQ can be viewed on the City’s Supplier Portal.

Request for Qualifications Issuance Tuesday September 1, 2026 Deadline for Questions September 11, 2026, 5pm PDT

Question Submission Form Deadline to Submit Proposals October 2, 2026, 5pm PDT Notice of Intent to Award Master Agreement Following proposal review (anticipated week of October

26, 2026) Period for Protesting Notice of Intent to Award

Within three (3) business days of the City's issuance of a Notice of Intent to Award.

Contract Administrator Amanda Wentworth Contracts and Procurement Manager Email: Amanda.wentworth@sfgov.org

Attachments Attachment 1: Sample Master Agreement Attachment 2: Scope of Services Attachment 3: Proposer Questionnaire Attachment 4: Written Proposal Template Attachment 5: Personnel Sheet Attachment 6: CMD Form 3 https://sfcitypartner.sfgov.org/pages/index.aspx https://forms.cloud.microsoft/Pages/ResponsePage.aspx?id=z8LVIj7OPUSaf9_MAjH3P890i6ymRB1MnzdLNCCn08lUMVRMMlpWRTdGS1dWVzA1OE9VVU5OTkNUVS4u mailto:Amanda.wentworth@sfgov.org

P-697 (01-26) i Sourcing Event 0000012053 September 1, 2028

Table of Contents

I. Introduction 1 A. General 1

II. Services Requested 1 A. Scope of Services – Attachment 2 1

III. Master Agreements 2 A. Selection Overview 2 B. Contract Terms 2 C. Bonding Requirements 3 D. Standards and Regulatory Compliance Requirements Specific to the Services Solicited 3

IV. Local Business EnterprIse (LBE) Program Requirements 3 A. LBE Subcontracting Participation Requirements 3 B. Bid Discounts/Rating Bonus 4 C. CMD Bidding Forms 4

V. Minimum Qualifications Documentation Required with Proposal (Pass/Fail) 4

VI. Proposal Evaluation Criteria 5 A. Experience – Attachment 4: (40 Points) 6 B. Approach – Attachment 4: (30 points) 6 C. Personnel – Attachment 5: (30 points) 6

VII. Submission, Questions Addenda and Contract Terms 7 A. Proposer Questions and Requests for Clarification 7 B. Proposal Submission Requirements 7 C. RFQ Addenda 7

VIII. City’s Social and Economic Policy Requirements 7 A. How to Register as a City Supplier 7 B. Nondiscrimination Requirements 7 C. Prevailing Wage Ordinance 8 D. Health Care Accountability Ordinance 8 E. First Source Hiring Program 8 F. Insurance Requirements 8 G. Green Purchasing Requirements 8

IX. Terms and Conditions for Receipt of Proposals 8 A. Public Disclosure 8 B. Limitation on Communications During Solicitation 9 C. Proposal Selection Shall Not Imply Acceptance 9 D. Solicitation Errors and Omissions 9 E. Objections to Solicitation Terms 9 F. Protest Procedures 9 G. Proposal Term 10 H. Revision to Proposal 10 I. Proposal Errors and Omissions 10 J. Financial Responsibility 10 K. Proposer’s Obligations under the Campaign Reform Ordinance 10 L. Reservations of Rights by the City 11 M. No Waiver 11 N. Other 11

P-697 (01-26) 1 Sourcing Event 0000012053 RFQ HAZMAT September 1, 2026

I. INTRODUCTION

A. General This Request for Qualifications (hereinafter “RFQ” or “Solicitation”) is being issued by Office of City Administrator, Real Estate Division (hereinafter, “RED” or “City”). RED is seeking qualified suppliers (“Contractor’s”) to provide proposals (“Proposal”) for professional if-and-as-needed mitigation, abatement, remediation of hazardous materials, and related restoration services in accordance with San Francisco Administrative Code §6.63 Hazardous Materials Abatement Work and §6.70 – Real Estate Division Public Work.

Due to the varying specialty areas associated with this RFQ, Contractors are strongly encouraged to assemble teams with expertise in disciplines to meet the City’s anticipated needs in mitigation, abatement, remediation of hazardous materials, and related restoration projects.

Services must be provided either by the Contractors’ personnel or through subcontractors that are listed as a part of the Contractor’s Proposal team, which may only be updated with written approval by RED. Requested services may involve an entire project or a portion of a project or for any project phase. The City will evaluate on a case-by-case basis whether a conflict of interest exists on a given project.

II. SERVICES REQUESTED

A. Scope of Services – Attachment 2 This Solicitation is being issued to establish Master Agreements to provide if-and-as-needed mitigation, abatement, remediation of hazardous materials, and related restoration services, in accordance with Attachment 2, Scope of Services. In addition to carefully reviewing Attachment 2 for full details on the requested services, please be aware of the following considerations:

• The Contractor shall provide all labor, materials, equipment, insurance, and bonding to perform hazardous materials abatement services necessary to accomplish a variety of environmental and hazardous materials abatement tasks. While the nature of work may vary widely, in all cases, work will involve hazardous materials handling or working in and around potentially hazardous or environmentally sensitive areas.

• Projects may comprise of asbestos abatement and lead removal but may also involve roofing, electrical, soft-demolition and mass-demolition, painting repairs and renovation work as they are incidental to other types of hazardous materials remediation services including but not limited to black water, sewage, arsenic, mercury, PCB’s, transformers, ballasts, paints, chemicals, soils, thinners, toners, cleaning supplies, waste oils, mold, bird droppings, etcetera.

• Work will be located within the City and County of San Francisco at City-owned and City-operated properties. The Contractor will work in three (3) locations (See Appendix D, Service Area Locations of Attachment 1, Sample Master Agreement). Work may also occur at multiple sites simultaneously.

• All work done will be subject to prevailing wage requirements, and certified payroll documentation (Using LCPtracker, see Sample Master Agreement in Attachment 1) will be required and as applicable.

• The City will determine the scope of each project, and scheduling requirements to complete each task prior to initiation of work. Once the full scope is determined, RED will issue a bid document for Contractors that have entered into a master agreement with the City to submit quotes for the work. A minimum of three Contractors will be solicited to bid on the work.

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• In the event of an emergency, the Contractor shall provide the above services on 24-hour on-call basis, often including late night and early morning hours, and holidays. The Contractor shall be required to respond within two (2) hours of notification. Some projects require the waste to be remediated and removed immediately upon discovery. The Contractor may be required to provide services at more than one location simultaneously.

• All work shall be done in accordance with applicable Federal, State, Regional and Local regulations and using state-of-the-art practices. If any conflict or overlap may arise regarding interpretation of standards and regulations, the most stringent requirement shall apply.

III. MASTER AGREEMENTS

A. Selection Overview

The purpose of the Master Agreement is to provide the City with access to if-and-as-needed mitigation, abatement, remediation of hazardous materials, and related restoration services. The City shall award up to six (6) Master agreements to contractors meeting the minimum qualifications and achieving the highest Written Proposal scores. Responsive Proposals will be evaluated by a panel (“Evaluation Panel”) consisting of parties with expertise related to goods and/or services being procured through this RFQ. The Evaluation Panel may include staff from various City departments. Proposals will be evaluated based on the criteria outlined herein. If applicable, a Contract Monitoring Division (CMD) Contract Compliance Officer will assess Proposal compliance with Local Business Enterprise (LBE) requirements and assign a rating bonus to Proposal scores. The CMD-adjusted scores (if applicable) will then be tabulated, and Proposers will be ranked starting with the Proposer receiving the highest score, then continuing with the Proposer receiving the second highest score, and so on.

1. Notice of Intent to Award a Master Agreement.

The City shall issue a Notice of Intent to Award for up to six (6) Master agreements seven (7) business days prior to selecting up to six (6) contractors to perform if-and-as-needed mitigation, abatement, remediation of hazardous materials, and related restoration services. The City’s award of a Master Agreement is final and not subject to further review. An award of a Master Agreement does not guarantee that the selected firms will perform all or any portion of the services described in this RFQ, nor does it guarantee that the maximum amount will be expended. The maximum contract dollar amount does not represent a guaranteed revenue source for any of the selected firms. Work under the Master Agreement is project-driven, and no particular tasks have yet been specified. However, the project work might consist of many smaller projects as well as larger dollar-value projects.

B. Contract Terms

1. Anticipated Term of Resulting Contracts A Master Agreement awarded to the Contractor shall be non-exclusive, with an original term that shall not exceed five (5) years.

2. Anticipated Not to Exceed Amount of Master Agreement Contracts The Not-to-Exceed (NTE) amount of each Master Contract awarded to Contractors shall be

Two Million Dollars ($2,000,000.00).

3. Contract Service Order After Master Agreement Award

Because the exact nature and timing of services cannot be predetermined, the City shall prepare specific project requirements when there is a need for if-and-as-needed mitigation, abatement, remediation of hazardous materials, and related restoration services. Each project will be executed via individual Contract Service Order (“CSO”) issued under and governed by the terms of the Master Agreement. The cumulative

P-697 (01-26) 3 Sourcing Event 0000012053 value of CSOs awarded each Contractor shall not exceed the maximum value of their contract. (See Attachment 1, Sample Master Agreement, Article 1. Definitions, 1.10. Contract Service Orders).

Where applicable, the Department shall apply Chapter 14B LBE Rating Bonuses or Bid Discounts when evaluating quotes and bids for a resulting CSO. The request for quotes or bids may also include an LBE Subcontracting Requirement.

C. Bonding Requirements

Performance Bond and Payment (Labor and Materials) Bonds in a sum not less than 100% of the contract or cumulative value of all work issued is a requirement for work awarded under this Master Agreement.

D. Standards and Regulatory Compliance Requirements Specific to the Services Solicited Prior to submitting a Proposal in response to this Solicitation, Contractors must ensure they have fully read and understood the “Regulatory and Compliance Requirements” set forth in Attachment 1, Sample Master Agreement and also Attachment 2, Scope of Services, “Section XVIII. Standards and Regulatory Compliance.”

IV. LOCAL BUSINESS ENTERPRISE (LBE) PROGRAM REQUIREMENTS

This Contract is subject to the applicable requirements of Chapter 14B of the San Francisco Administrative Code. Contact James Chung by phone at 415-554-0640 or by email at James.Chung@sfgov.org for details.

Contractor’s attention is directed to the City’s Subcontracting and Non-Discrimination requirements for this Contract as specified in CMD Attachment 1. Refer to the following website to download a copy of CMD Attachment 1: https://media.api.sf.gov/documents/CMD_Attachment_1_-_11.01.25_Fillable.pdf

Contractors shall submit with each Contract Service Order a proposed subcontractor list using the form provided within the Quotation Request Package of each Contract Service Order.

Prime contractors and subcontractors who are awarded contracts as a result of the bid process are required to use the City’s web-based system to submit 14B prime contractor and subcontractor payment information, including monthly progress payment invoices (CMD Forms 7 and 9 information). Refer to CMD Attachment 1 for more details.

A. LBE Subcontracting Participation Requirements There is no LBE requirement during the RFQ selection phase. The LBE Subcontractor Participation Requirement will be determined at the Contract Service Order (CSO) level.

1. Bidders are advised that they may not discriminate in the selection of subcontractors on the basis of race, gender, or any other basis prohibited by law. Formal complaints of discrimination will be investigated.

2. Only Contract Monitoring Division certified Small-LBEs and Micro-LBEs can be utilized to comply with the LBE Subcontractor Participation Requirement. Bidders shall not use SBA- LBEs to meet the LBE Subcontractor Participation Requirement.

mailto:James.Chung@sfgov.org https://media.api.sf.gov/documents/CMD_Attachment_1_-_11.01.25_Fillable.pdf

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B. Bid Discounts/Rating Bonus The following rating bonus/bid discount applies during both the RFQ selection phase and the subsequent Contract Service Order (CSO) quotation process:

a. 10% to contractors certified by CMD as a Micro or Small-LBE

b. 5% to contractors certified by CMD as an SBA-LBE*

*Pursuant to Section 14B.7(E), the 5% bid discount/rating bonus does not apply if it would adversely affect a Small or Micro-LBE proposer.

C. CMD Bidding Forms All CMD Forms are accessible in CMD Attachment 1.

1. Due with RFQ package:

A. CMD Form 3.

2. At time of CSO, the Prime Contractor shall submit the following completed and signed CMD Forms:

A. CMD Form 6: CMD LBE Subcontractor Participation Affidavit

B. CMD Form 6A: CMD LBE Trucking Form (if applicable)

V. MINIMUM QUALIFICATIONS DOCUMENTATION REQUIRED WITH PROPOSAL (PASS/FAIL)

Contractors must provide documentation that clearly demonstrates each Minimum Qualification (MQ) listed below has been met. Minimum Qualification documentation should be clearly marked as “MQ1”, MQ2”, etc.… to indicate which MQ it supports. Each Proposal will be reviewed for initial determination on whether Contractor meets the MQs referenced in this section. This screening is a pass or fail determination and a Proposal that fails to meet the Minimum Qualifications will not be eligible for further consideration in the evaluation process. The City reserves the right to request clarifications from Contractors prior to rejecting a Proposal for failure to meet the Minimum Qualifications.

Prime Contractor Requirements and Qualifications MQ # Description

MQ 1 All required documents completed: Attachment 3, Proposer Questionnaire; Attachment 4, Written Proposal Templates; and Attachment 5, Personnel Sheet.

MQ 2 Office located within a radius of 50 miles of San Francisco City Hall for required service response time.

Verification via Attachment 3, Proposer Questionnaire.

MQ 3 A minimum of 5 years of work experience in providing services outlined in this Solicitation to private, public or governmental entities.

Verification documentation must include copies of 3 past invoices, purchase orders and/or contracts issued in the last five (5) years evidencing experience in the provision of services outlined in this Solicitation.

MQ 4 Possession of a valid Environmental Protection Agency (EPA) Identification Permit.

Include a copy for verification.

MQ 5 Prime Contractor must possess at least one of the following:

https://media.api.sf.gov/documents/CMD_Attachment_1_-_11.01.25_Fillable.pdf

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Team Requirements and Qualifications

VI. PROPOSAL EVALUATION CRITERIA

Proposers should submit complete proposals answering all the questions listed below, including completion of Attachment 4, Written Proposal Template and Attachment 5, Personnel Sheet. Proposals will be scored

• A valid State of California Contractors State License Board, Class “B- General Building” license; OR

• A valid State of California Contractors State License Board, Class “C61/D64- Water/Mold Remediation” license

Include a copy for verification.

MQ 6 Commitment to provide a single primary point of contact for all work. Point of contact must have three (3) years of project manager/program manager experience.

Verification via Attachment 3, Proposer Questionnaire.

MQ # Description MQ 7 Subcontractors with a minimum of three (3) years of experience in the technical field(s) outlined in this Solicitation

Verification via Attachment 3, Proposer Questionnaire.

MQ 8 The team, including the Prime Contractor, must possess the following:

• A valid State of California Contractors State License Board, Class “B- General Building” license

• A valid State of California Contractors State License Board, Class “C61/D64- Water/Mold

Remediation” license

• Asbestos Abatement Contractor, Class C-22 License, ASB Certification, and DOSH

Registration

• Lead Abatement Contractor, Class B License and USEPA Lead Safe Certification

• Electrical Contractor, Class C-10 License

• Roofing Contractor, Class C-39 License Hazardous Materials Transporter #1, Various transport registrations, licenses, and permits

• Painting Contractor, Class C-33 License

• Laboratories with valid accreditation from the State of California Environmental

Laboratory Accreditation Program (CA ELAP) and National Voluntary Laboratory Accreditation Program (NVLAP).

• Hazardous Materials Transporter, various transport registrations, licenses, and permits.

• Ability to handle, transport and clean/dry confidential documentation with chain of custody secure procedures.

• Required licenses and certification to perform mitigation, abatement, remediation of hazardous materials, and related restoration services in compliance with federal, California State, and City and County of San Francisco regulations, including California Hazardous Waste Identification Numbers for transporting hazardous waste.

Verification via Attachment 5, Personnel Sheet.

P-697 (01-26) 6 Sourcing Event 0000012053 based on the criteria provided herein below. Responses should be thorough, complete and concise.

A. Experience – Attachment 4: (40 Points)

• Provide a description of the prime firm including years of experience, specialties, corporate qualifications, etc. (10 points)

• Provide a detailed description of three (3) prior projects providing similar services to those requested in the Scope of Work. Include references for each project. Upon request, successful proposer(s) may also be required to submit a letter of reference from each reference listed within five (5) days of notification. Failure to do so may result in rejection of proposal. (30 points) o Include the following information:

Timeline for completion Licenses and/or Certifications Required Documentation required/completed Key staff involved Use of subcontractors, if applicable

B. Approach – Attachment 4: (30 points)

• Provide a description of all subcontractor firms including years of experience, specialties, corporate qualifications, etc. Detail any experience previously working successfully with the listed subcontractors. (15 points)

• Detail how subcontractors will be utilized to supplement or support the delivery of the services requested in this solicitation. (15 points) o How do you select subcontractors?

o How do you ensure their adherence to a high quality of standards?

C. Personnel – Attachment 5: (30 points)

• Complete Attachment 5 by listing all lead/certified personnel, such as Project Manager, Agency Representative, etc. that are currently employed by the Prime firm and Subcontractor firms as of the due date of this proposal.

• List the firm, if it is a prime or subcontractor firm, personnel names, personnel position/title in the firm, and any/all applicable certifications or accreditations, as listed under the MQ's and under the Required Licenses/Certifications column.

• All required Licenses/Certifications must be represented by the staff listed below in order to verify the MQ's have been met.

• Include copies of relevant licenses and certificates possessed by the Contractor’s personnel.

Evaluation Phase Maximum Points Minimum Qualifications Documentation Pass/Fail Experience 40 Points Approach 30 Points Personnel Sheet 30 Points Total 100

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VII. SUBMISSION, QUESTIONS ADDENDA AND CONTRACT TERMS

A. Proposer Questions and Requests for Clarification Proposers shall submit any questions regarding this Solicitation via the Questions Submission Form.

Proposers who fail to submit questions concerning this Solicitation and its requirements will waive all further rights to protest based on the specifications and conditions herein. Questions must be submitted via the form no later than Written Questions Due Date. A written Addendum will be executed addressing each question and answer and posted publicly. It is the responsibility of the Proposer to check for any Addenda and other updates that will be posted on the City’s Supplier Portal.

B. Proposal Submission Requirements Proposers must email their Proposal to the Contract Administrator whose name and contact information appear on the cover page of this Solicitation prior to the Proposal submission deadline. Late submissions will not be considered. Each original Proposal received will be screened to ensure that all content required by this Solicitation is included. Partial or complete omission of any required content may disqualify Proposals from further consideration. Late Proposal submissions will not be considered and failure to adhere to the above requirements may result in the complete rejection of your Proposal.

C. RFQ Addenda The City may modify this Solicitation, prior to the Proposal Due Date, by issuing an Addendum to the Solicitation, which will be posted on the San Francisco Supplier Portal. Every Addendum will create a new version of the Sourcing Event and Proposers must monitor the event for new versions. The Proposer shall be responsible for ensuring that its Proposal reflects any and all Addenda issued by the City prior to the Proposal Due Date regardless of when the Proposal is submitted. Therefore, the City recommends that the Proposer consult the website frequently, including shortly before the Proposal Due Date, to determine if the Proposer has downloaded all Solicitation Addenda. It is the responsibility of the Proposer to check for any Addenda, Questions and Answers documents, and updates, which may be posted to the subject Solicitation.

THE SUBMITTAL OF A RESPONSE TO THIS SOLICITATION SHALL EXPLICITLY STIPULATE

ACCEPTANCE BY PROPOSERS OF THE TERMS FOUND IN THIS SOLICITATION, ANY AND ALL ADDENDA

ISSUED TO THIS SOLICITATION, AND THE PROPOSED CONTRACT TERMS.

VIII. CITY’S SOCIAL AND ECONOMIC POLICY REQUIREMENTS

The San Francisco Municipal Code establishes a number of requirements for people seeking to do business with the City (“Social and Economic Policy Requirements”). The Social and Economic Policy Requirements set forth below are not intended to be a complete list of all Social Policy Requirements applicable to this Solicitation and any contracts awarded from it.

A. How to Register as a City Supplier The selected Proposers, who are not already a compliant City Supplier, must register as a City

Supplier prior to entering a Contract.

B. Nondiscrimination Requirements If awarded a Master Agreement, Contractor may not, during the term of the Contract, in any of its operations in San Francisco, on real property owned by San Francisco, or where work is being performed for the City elsewhere in the United States, discriminate in the provision of bereavement leave, family medical leave, health benefits, membership or membership discounts, moving expenses, pension and retirement benefits or travel benefits, as well as any benefits other than the benefits specified above, between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of such https://forms.cloud.microsoft/Pages/ResponsePage.aspx?id=z8LVIj7OPUSaf9_MAjH3P890i6ymRB1MnzdLNCCn08lUMVRMMlpWRTdGS1dWVzA1OE9VVU5OTkNUVS4u https://forms.cloud.microsoft/Pages/ResponsePage.aspx?id=z8LVIj7OPUSaf9_MAjH3P890i6ymRB1MnzdLNCCn08lUMVRMMlpWRTdGS1dWVzA1OE9VVU5OTkNUVS4u https://sfcitypartner.sfgov.org/pages/index.aspx https://www.sf.gov/step-by-step--become-city-supplier https://www.sf.gov/step-by-step--become-city-supplier

P-697 (01-26) 8 Sourcing Event 0000012053 employees, where the domestic partnership has been registered with a governmental entity pursuant to state or local law authorizing such registration, subject to the conditions set forth in San Francisco Labor and Employment Code Articles 131 and 132.

C. Prevailing Wage Ordinance If awarded a Master Agreement, Contractor will perform Services covered by the California Labor Code Sections 1720 and 1782, as incorporated within Section 6.22(e) of the San Francisco Administrative Code.

D. Health Care Accountability Ordinance If awarded a Master Agreement, Contractor may be required to comply with the requirements of San Francisco Labor and Employment Code Articles 121.

E. First Source Hiring Program If awarded a Master Agreement , Contractor may be required to comply with all of the applicable provisions of the First Source Hiring Program, Chapter 83 of the San Francisco Administrative Code.

F. Insurance Requirements Unless otherwise stated, within ten business days of the receipt of a notice of award of a Contract, the Proposer to whom the contract is awarded shall deliver the specified bond documents and/or insurance certificates and policy endorsements to City as required in Attachment 1, Sample Master Agreement. If the Proposer fails or refuses to furnish the required bond and/or insurance within ten days after receiving notice to award a Contract, City may, at its option, determine that the Proposer has abandoned its Proposal. The foregoing in no way limits the damages which are recoverable by City whether or not defined elsewhere in the contract documents.

G. Green Purchasing Requirements In preparation for any Proposal submitted in response to this Solicitation, Contractors are required to review the City Mandatory Green Purchasing Requirements to ensure all goods and services offered to City in response to this Solicitation comply with the City’s Green Purchasing Requirements.

IX. TERMS AND CONDITIONS FOR RECEIPT OF PROPOSALS

A. Public Disclosure All documents under this solicitation process are subject to public disclosure per the California

Public Records Act (California Government Code Section §6250 et. Seq) and the San Francisco Sunshine Ordinance (San Francisco Administrative Code Chapter 67). Contracts, Proposals, responses, and all other records of communications between the City and Proposers shall be open to inspection immediately after a contract has been awarded. Nothing in this Administrative Code provision requires the disclosure of a private person’s or organization’s net worth or other proprietary financial data submitted for qualification for a contract or other benefit until and unless that person or organization is awarded the contract or benefit.

If the City receives a Public Records Request (“Request”) pertaining to this solicitation, City will use its best efforts to notify the affected Proposer(s) of the Request and to provide the Proposer with a description of the material that the City deems responsive and the due date for disclosure (“Response Date”).

If the Proposer asserts that some or all of the material requested contains or reveals valuable trade secret or other information belonging to the Proposer that is exempt from disclosure and directs the City in writing to withhold such material from production (“Withholding Directive”), then the City will comply with the Withholding Directive on the condition that the Proposer seeks judicial relief on or before the Response Date.

Should Proposer fail to seek judicial relief on or before the Response Date, the City shall proceed with the disclosure of responsive documents.

http://sfgov.org/olse/hcao http://sfgov.org/olse/hcao https://oewd.org/first-source https://docs.google.com/spreadsheets/d/1JzChoAuD86PsfP6eN_KJ1f1O0ZtWATb4qmJ0rCw66Hc/edit?gid=0#gid=0?

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B. Limitation on Communications During Solicitation From the date this Solicitation is issued until the date the competitive process of this Solicitation is completed (either by cancelation or final Award), Proposers and their subcontractors, vendors, representatives and/or other parties under Proposer’s control, shall communicate solely with the Contract Administrator whose name appears in this Solicitation. Any attempt to communicate with any party other than the Contract Administrator whose name appears in this Solicitation – including any City official, representative or employee – is strictly prohibited. Failure to comply with this communications protocol may, at the sole discretion of City, result in the disqualification of the Proposer or potential Proposer from the competitive process. This protocol does not apply to communications with the City regarding business not related to this Solicitation.

C. Proposal Selection Shall Not Imply Acceptance The acceptance and/or selection of any Proposal(s) shall not imply acceptance by the City of all terms of the Proposal(s), which may be subject to further approvals before the City may be legally bound thereby.

D. Solicitation Errors and Omissions Proposers are responsible for reviewing all portions of this Solicitation. Proposers are to promptly notify the City, in writing and to the Solicitation contact person if the Proposer discovers any ambiguity, discrepancy, omission, or other error in the Solicitation. Any such notification should be directed to the City promptly after discovery, but in no event later than the deadline for questions. Modifications and clarifications will be made by Addenda as provided below.

E. Objections to Solicitation Terms Should a Proposer object on any ground to any provision or legal requirement set forth in this

Solicitation, the Proposer must, no later than the deadline for questions, provide written notice to the City setting forth with specificity the grounds for the objection. The failure of a Proposer to object in the manner set forth in this paragraph shall constitute a complete and irrevocable waiver of any such objection.

F. Protest Procedures

1. Protest of Non-Responsiveness Determination

Within three (3) business days of the City's issuance of a Notice of Non-Responsiveness, a Proposer may submit a written Notice of Protest of Non-Responsiveness. The Notice of Protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The Notice of Protest must be signed by an individual authorized to represent the Proposer, and must cite the law, rule, local ordinance, procedure or Solicitation provision on which the protest is based. In addition, the Notice of Protest must specify facts and evidence sufficient for the City to determine the validity of the protest.

2. Protest of Non-Responsible Determination Within three (3) business days of the City's issuance of a Notice of Non-Responsibility, a

Proposer may submit a written Notice of Protest of Non-Responsibility. The Notice of Protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The Notice of Protest must be signed by an individual authorized to represent the Proposer, and must cite the law, rule, local ordinance, procedure or Solicitation provision on which the protest is based. In addition, the Notice of Protest must specify facts and evidence sufficient for the City to determine the validity of the protest.

3. Protest of Master Agreement Award Within three (3) business days of the City's issuance of a Notice of Intent to Award, a Proposer may submit a written Notice of Protest of Contract Award. The Notice of Protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The Notice of Protest must be signed by an individual authorized to represent the Proposer, and must cite the law, rule, P-697 (01-26) 10 Sourcing Event 0000012053 local ordinance, procedure or Solicitation provision on which the protest is based. In addition, the Notice of Protest must specify facts and evidence sufficient for the City to determine the validity of the protest.

4. Delivery of Protests A Notice of Protest must be written. Protests made orally (e.g., by telephone) will not be considered. A Notice of Protest must be delivered by mail or email to the Contract Administrator whose name and contact information appears on the cover page to this Solicitation and received by the due dates stated above. A Notice of Protest shall be transmitted by a means that will objectively establish the date the City received the Notice of Protest. If a Notice of Protest is mailed, the protestor bears the risk of non-delivery within the deadlines specified herein.

G. Proposal Term Submission of a Proposal signifies that the proposed products, services and prices are valid for

180 calendar days from the Proposal Due Date and that the quoted prices are genuine and not the result of collusion or any other anti-competitive activity. At Proposer’s election, the Proposal may remain valid beyond the 180-day period in the circumstance of extended negotiations.

H. Revision to Proposal A Proposer may revise a Proposal on the Proposer’s own initiative at any time before the deadline for submission of Proposals. The Proposer must submit the revised Proposal in the same manner as the original. A revised Proposal must be received on or before, but no later than the Proposal Due Date and time.

In no case will a statement of intent to submit a revised Proposal, or commencement of a revision process, extend the Proposal Due Date for any Proposer. At any time during the Proposal evaluation process, the City may require a Proposer to provide oral or written clarification of its Proposal. The City reserves the right to make an award without further clarifications of Proposals received.

I. Proposal Errors and Omissions Failure by the City to object to an error, omission, or deviation in the Proposal will in no way modify the Solicitation or excuse the Proposer from full compliance with the specifications of this Solicitation or any contract awarded pursuant to this Solicitation.

J. Financial Responsibility The City accepts no financial responsibility for any costs incurred by a Proposer in responding to this Solicitation. Proposers acknowledge and agree that their submissions in response to this Solicitation will become the property of the City and may be used by the City in any way deemed appropriate.

K. Proposer’s Obligations under the Campaign Reform Ordinance If a Master Agreement awarded to a Contractor (A) a value of $100,000 or more in a fiscal year and

(B) requires the approval of an elected City official, Proposers are hereby advised:

1. Submission of a Proposal in response to this Solicitation may subject the Proposers to restrictions under Campaign and Governmental Conduct Code Section 1.126, which prohibits City contractors, Proposers, and their affiliates from making political contributions to certain City elective officers and candidates; and

2. Before submitting a Proposal in response to this Solicitation, Proposers are required to notify their affiliates and subcontractors listed in the awarded contract or Proposal of the political contribution restrictions set forth in Campaign and Governmental Conduct Code section 1.126.

This restriction applies to the party seeking the contract, the party’s board of directors, chairperson, chief executive officer, chief financial officer, chief operating officer, any person with an ownership interest greater than ten percent, and any political committees controlled or sponsored by the

P-697 (01-26) 11 Sourcing Event 0000012053 party, as well as any subcontractors listed in the awarded contract or Proposal. The law both prohibits the donor from giving contributions and prohibits the elected official from soliciting or accepting them.

The people and entities listed in the preceding paragraph may not make a campaign contribution to the elected official at any time from the submission of a Proposal for a contract until either: (1) negotiations are terminated and no contract is awarded; or (2) twelve months have elapsed since the award of the contract.

A violation of Section 1.126 may result in criminal, civil, or administrative penalties. For further information, Proposers should contact the San Francisco Ethics Commission at (415) 252-3100 or go to the website.

L. Reservations of Rights by the City The issuance of this Solicitation does not constitute a guarantee by the City that a contract will be awarded or executed by the City. The City expressly reserves the right at any time to:

1. Waive or correct any defect or informality in any response, Proposal, or Proposal procedure;

2. Reject any or all Proposals;

3. Reissue the Solicitation;

4. Prior to submission deadline for Proposals, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this Solicitation, or the requirements for contents or format of the Proposals;

5. Procure any materials, equipment or services specified in this Solicitation by any other means; or

6. Determine that the subject goods or services are no longer necessary.

M. No Waiver No waiver by the City of any provision of this Solicitation shall be implied from the City’s failure to recognize or take action on account of a Proposer’s failure to comply with this Solicitation.

N. Other

1. The City may make such investigation, as it deems necessary, prior to the award of this contract to determine the conditions under which the goods are to be delivered or the work is to be performed. Factors considered by the City shall include, but not be limited to:

a. Any condition set forth in this Solicitation;

b. Adequacy of Proposer’s plant facilities and/or equipment, location and personnel location to properly perform all services called for under the Purchase Order; and

c. Delivery time(s).

2. City reserves the right to inspect an awarded Proposer’s place of business prior to award of and/or at any time during the contract term (or any extension thereof) to aid City in determining an awarded Proposer’s capabilities and qualifications.

3. Failure to timely execute a contract, or to furnish any and all insurance certificates and policy endorsements, surety bonds or other materials required in the contract, shall be deemed an abandonment of a contract offer. The City, in its sole discretion, may select another Proposer and may proceed against the original selectee for damages.

4. City reserves the right to reject any Proposal on which the information submitted by Proposer fails to satisfy City and/or if Proposer is unable to supply the information and documentation required by this Solicitation within the period of time requested.

5. Any false statements made by a Proposer or any related communication/clarification may result in the disqualification of its Proposal from receiving further evaluation and a contract award.

https://sfethics.org/compliance/city-officers/city-contracts/city-departments/notifying-bidders-and-potential-bidders