SDSU_RFP_7013_Full-Services_Campus_Wide_Security_Services.pdf

Contract and Procurement Management Division of Business and Financial Affairs San Diego State University 5500 Campanile Drive San Diego, CA 92182-1616 619-594-5243 / 619-594-5919 (fax) Web address: http://bfa.sdsu.edu/financial/procurement

REQUEST FOR PROPOSAL (RFP) 7013

FOR

~ FULL-SERVICE CAMPUS WIDE SECURITY SERVICES ~

PROPOSAL DATE

Date: May 24, 2024 Description: Full-Service Campus Wide Security Services Contact: Andrew Donahue, Manager, Contract Administration Manager, E-mail: adonahue2@sdsu.edu

QUESTION DEADLINE

Date: June 7, 2024 Time: 2:00 p.m. PDT Purpose: To address questions or concerns regarding any part of this proposal package. Please submit all questions by posting them to:

https://www.planetbids.com/portal/portal.cfm?CompanyID=25796) Questions received after the deadline may not be answered.

PROPOSAL DUE DATE

Date: June 21, 2024 Time: 2:00 p.m.

Location:https://www.planetbids.com/portal/portal.cfm?CompanyID=25796) Submit one original proposal prior to the date and time specified and through electronic upload to PlanetBids. Proposers shall respond to the solicitation by electronic file upload only before the date and time set forth in the RFP. Mistakes or delays in the submission are entirely the responsibility of the Proposer.

PRE-PROPOSAL CONFERENCE

Date: A pre-proposal conference has not been scheduled for this solicitation.

http://bfa.sdsu.edu/financial/procurement https://www.planetbids.com/portal/portal.cfm?CompanyID=25796

Cover Letter

RFP 7013

RFP CONTENT

This Cover Letter to the RFP Request for Proposals (RFP) 7013 APPENDIX A: Supplemental Solicitation Provisions APPENDIX B: Proposal Certification Form APPENDIX C: Bidder Declaration Form APPENDIX D: Sample Agreement and General Provisions APPENDIX E: Payee Data Record, STD 204

PLANETBIDS SUBMISSION

Interested Proposers must register with PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=25796. Obtaining documents via any other method does NOT make the Contractor a Proposer or Record. Planetbids sends notifications to prospective proposers; however, the University recommends that the proposers periodically check the PlanetBids website for modifications to RFP documents. The University is not responsible for the prospective proposer’s misunderstanding of the RFP solicitation or a nonresponsive proposal due to failure to check the website for updates or addenda to RFP documents, and/or other information regarding the RFP solicitation. Failure to periodically check this website will be at the proposer’s sole risk.

The University assumes no responsibility for delay in submission of the proposal through the PlanetBids system. Submittal of responses by mail, personal delivery, courier service, fax or email is not acceptable.

Cover Letter

PROTESTS

Proposers filing a protest of the specifications and/or requirements shall submit such protest prior to the scheduled submittal deadline. Proposers filing protest of contract award must do so within five (5) business days after Notice of Intent to Award. The protesting Proposer shall submit a full and complete written statement detailing the facts in support of the protest. Protest must be sent by certified or registered mail, email, facsimile, or delivered in person to the University contact shown on page one (1). A protest decision will be provided and will be in writing and sent by certified or registered mail, email, facsimile or delivered in person to the protesting Proposer. The Protest decision made by the University is final.

This RFP does not constitute an order for the goods or services specified

TABLE OF CONTENTS

SECTION 1 PURPOSE, OVERVIEW, AND TERM

SECTION 2 SCHEDULE OF EVENTS

SECTION 3 SOLICITATION PROVISIONS AND PROPOSER’S CERTIFICATION

SECTION 4 SCOPE OF WORK…………………………

SECTION 5 QUALIFICATIONS/REQUIREMENTS

SECTION 6 EVALUATION AND SELECTION CRITERIA

SECTION 7 INSTRUCTIONS, CONTENT AND FORMAT:

o ATTACHMENT No. 1: QUALIFICATIONS o ATTACHMENT No. 2: REFERENCES o ATTACHMENT No. 3: PERSONNEL EXPERTISE o ATTACHMENT No. 4: PRICE PROPOSAL FORM

SECTION 1: PURPOSE, OVERVIEW, AND TERM

1.1 PURPOSE. San Diego State University, (University) is requesting proposals from firms qualified to provide Full-Service Campus Wide Security Services. The proposals will be evaluated by a committee selected by the University and an award will be made in the best interest of the University.

1.2 BACKGROUND. Since its founding in 1897, the university has grown to become a leading public research university, and a federally-designated Hispanic-serving Institution. Each year, SDSU provides more than 36,000 students with the opportunity to participate in an academic curriculum distinguished by direct contact with faculty and an international emphasis that prepares them for a global future. SDSU is the oldest higher education institution in San Diego, uniquely situated only 30 minutes north of the U.S.-Mexico border on Kumeyaay land. Our community is fully committed to excellent teaching, meaningful research and service to our regional community and others we serve throughout the state, across the nation and internally. Overall, SDSU students can choose from bachelor's degrees in 96 areas, 84 fields and 23 doctoral degrees, as well as programs at regional microsites and online programs offered no matter where they are around the globe. SDSU is alma mater to more than 400,000 alumni. For more information, log on to www.sdsu.edu.

1.3 PROJECT OVERVIEW. The services provided by the Contractor shall include, but not limited to, full-service security and campus patrol, bag checks, crowd control, theft prevention, Athletic events, concerts, housing patrol and floor checks, library patrols including overnight shifts, and commencement staffing. Multiple departments shall be using Contractor’s service. Contractor must be able to fulfill all requirements identified in the statement of work for each individual department simultaneously as well as the campus's more general needs.

The Contractor shall fulfill all staffing requests, provide all employees with all labor, materials, tools, equipment, and supervision necessary to provide security services. Contractor shall certify that all staff is properly trained, over 18 years of age, has a minimum of one year experience in security services preferably, speaks, understands, and reads fluent English, is properly certified and licensed if applicable, and does not have a felony record. Supervisors and management must be over 21 years of age.

The successful Contractor shall demonstrate qualifications, experience, and competency in providing Full-Services Campus Wide Security. In addition, the Contractor shall demonstrate the capacity and availability of qualified personnel and supervisory level staff to perform the security services required under this RFP in a professional and efficient manner.

1.4 AWARD OF CONTRACT. The University intends to award contracts to a Primary and a Back-up Contractor whose proposals are determined to offer the best value to the University. For clarity the primary Contractor shall be able to handle the large volume events and security needs of the University. The University may give at its discretion a customary right to first refusal of services to the Primary. However, the University retains the right at its sole discretion to use either the Primary or the Backup without notice to either Contractor.

Awarded Contractor(s) shall give University priority of service over existing agreements between the Contractor(s) and their customer base. This priority shall include all current and future agreements that coincide with the agreement term listed herein.

The University reserves the right, at its sole discretion, to reject all or any proposals or to select a firm. Further, the University reserves the right to waive any minor irregularities it feels are immaterial to this award. The decision of the University is final.

1.5 RFP RULES AND INSTRUCTIONS. The rules governing this RFP are stated in Section 7

- (Instructions, Content, and Format). Proposers are advised to carefully read, understand, and comply with these requirements in preparing a response to this RFP.

1.6 TERM. The contract term is anticipated to be for an initial (base) period of one (1) year with three (3) two-year options to extend.

(End of Section 1)

SECTION 2: SCHEDULE OF EVENTS

Release of Request for Proposal

Last Day to Submit Questions for Clarification (2:00 p.m. PDT)

Deadline for Submission of Proposals (2:00 p.m. PDT)

May 24, 2024

June 7, 2024

June 21, 2024

Interview/Presentations (Optional) TBD

Notice of Intent to Award (NOIA) TBD

Protest Period (5 working days after NOIA) TBD

Contract Award July 2024

Commencement of Services August 2024

QUESTIONS WILL ONLY BE ACCEPTED VIA PLANETBIDS. Responses to questions and addendums will be posted online at the PlanetBids website:

https://www.planetbids.com/portal/portal.cfm?CompanyID=25796

The dates up to and including the “Deadline for Submission of Proposals” date may be adjusted upon advance written notice. Dates after the receipt of proposals may be adjusted without written notice. Additional RFP steps may be included at the discretion of the University.

PROPOSALS NOT RECEIVED BY THE DATE AND TIME SPECIFIED WILL BE

REJECTED.

(End of Section 2)

SECTION 3: SOLICITATION PROVISIONS AND PROPOSER’S CERTIFICATION

3.1 SOLICITATION PROVISIONS.

3.1.1 DEFINITIONS

a. The Trustees of the California State University are referred to as “San Diego State University,” “University” or “Trustees.”

b. The terms “bid” and “proposal” are synonymous and means an offer made in response to a solicitation to perform a contract for work and labor or to supply goods at a specified price, whether or not it is considered a “seal bid” or results in award of a contract to a single or sole source.

c. “Bidder” or “Proposer”, “Contractor” is used interchangeably and each shall apply to the business entity which submits a bid/proposal or is awarded a contract.

d. “Campus Partner” or “Department” is used interchangeably San Diego State is made up of multiple different departments, auxiliary, and affiliates. Campus Partners are individuals that work in these departments.

3.1.2 RESERVATION OF RIGHTS

The University may reject any or all proposals and may waive any immaterial deviation in a Proposal. The University’s waiver of an immaterial defect shall in no way modify the RFP documents or excuse the Bidder from full compliance with the specifications if the Bidder is awarded the contract. Proposals that include terms and conditions other than the University’s terms and conditions may be rejected as being non-responsive. In the event all proposals are rejected or the University determines alternative solutions are in its best interest, the University may cancel this solicitation and pursue alternative sourcing options.

The University may make such investigations as deemed necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish all such information and data for this purpose. The University reserves the right to reject any submittal made pursuant to this RFP or any subsequent Proposal or bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the University that such Bidder is properly qualified to carry out the obligations of the contract and to complete the work specified. Additionally, the University reserves the right to request additional performance guarantees if, in the sole opinion of the University, financial stability or capability cannot be established.

3.1.3 NON-ENDORSEMENT

If selected as a qualified Bidder, the Bidder shall not issue any news releases or other statements pertaining to selection, which state or imply University endorsement of Bidder's services.

3.1.4 DISPUTES/PROTESTS

The University encourages potential Bidders to resolve issues regarding the requirements or the procurement process through written correspondence and discussions. The University wishes to foster cooperative relationships and to reach a fair agreement in a timely manner.

Bidder’s filing a notification to protest must do so within five (5) business days after a Notice of Intent to Award has been publicly posted. The protesting Bidder shall submit a full and complete written statement detailing the facts in support of the protest within 10 calendar days after expressing notification to protest. Protest must be sent by certified or registered mail or delivered in person or by email. If by email the Subject Line must state [Formal Protest of RFP 7013 Full- Service Campus Wide Security Services] to the Contract and Procurement Management Business and Financial Affairs, San Diego State University 5500 Campanile Drive San Diego, CA 92182- 1616. Attn: Andrew Donahue, Manager, Contracts Administration. Within a reasonable time after receipt of the written statement of protest, the University will provide a decision on the matter. The decision will be in writing and sent by certified or registered mail or delivered in person to the protesting Bidder. The decision of the University is final.

3.1.5 AWARD OF CONTRACT

The University reserves the right to reject any and all proposals and to award one or more contracts.

Award, if any, will be to the Bidder, whose proposal best complies with all of the requirements of the RFP documents and any addenda. A “Notice of Intent to Award” will be posted publicly for five (5) consecutive working days prior to the award. Written notification will be made to unsuccessful vendors.

The selected Bidder and the University shall commit to negotiation for the final scope of services to be accepted and execution of an agreement, in substantial accordance with the terms and conditions herein, within 30 days of the Notice of Intent to Award. Should the parties be unable to reach final agreement within this time frame, the parties may mutually agree upon a time extension to complete negotiations and contract execution. If the parties are unable to agree upon a time extension, or if the University determines that a time extension would not be beneficial to the project, the University reserves the right to terminate negotiations and proceed with a secondary finalist.

3.1.6 EXECUTION OF THE AGREEMENT

The Agreement shall be signed by the Contractor and returned, along with the required attachments and appendices to the University Contracts and Procurement Management Department within fourteen (14) calendar days from receipt of contract. The period for execution may be changed by mutual agreement of the parties. Contracts are not effective until approved by the appropriate University officials. Any work performed prior to receipt of a fully executed contract shall be at Contractor’s own risk.

3.1.7 FAILURE TO EXECUTE THE AGREEMENT

Failure to execute the Agreement within the time frame identified above shall be sufficient cause for voiding the award. Failure to comply with other requirements within the set time shall constitute failure to execute the Agreement. If the successful Bidder refuses or fails to execute the Agreement, the University may award the Agreement to the next qualified Bidder.

3.1.8 CONFLICT OF INTEREST

Potential Contractors are advised that Contractor's officers and employees shall comply with the disclosure, disqualification, and other provisions of California's Political Reform Act of 1974 (Government Code Section 81000 et seq.) if their responsibilities include the making or participation in the making of a University decision.

3.1.9 DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE

In accordance with Government Code section 14838(f), and Military and Veterans Code sections 999.5(a) and 999.5(d), the Trustees shall grant a bid incentive for bid evaluation purposes only.

The level of DVBE incentive will correlate to the level of participation; that is, the more DVBE participation proposed, the higher the incentive. A non-small business cannot displace a California certified small business from the top ranked position due to application of preferences or incentive.

The bid incentives levels are as follows:

DVBE Participation on this contract

Incentive

1% 1% 2% 2% 3% 3% 4% 4% 5% and above 5%

In solicitations where an award is to be made to the highest scored bidder based on evaluation bidder’s total score. In solicitations where an award is to be made to the low bid, the incentive is a percentage of the low bid total.

If requesting the DVBE Incentive, then complete Appendix C, the Bidder Declaration Form, and indicate the total DVBE participation.

For further information on DVBE participation requirements or incentive for this project, contact Andrew Donahue, Manager, Contracts Administration, San Diego State University Small Business & DVBE Advocate at (619) 594-4058 or via adonahue2@sdsu.edu.

3.1.10 SMALL BUSINESS PREFERENCE

The State of California requires agencies to provide a five percent (5%) preference to Proposers or Bidders who qualify as either California certified small businesses or non-small businesses that commit 25% of the contract value to California certified small businesses. To be eligible, the small businesses must be certified by The Office of Small Business and DVBE Services. The rules and regulations of this law, including the definition of a small business for the delivery of services, are contained in Title 2, California Government Code, Section 14838, et seq. and Title 2, California Administrative Code, Section 1896, et seq.,. Copies of the codes and regulations are available online or upon request.

If requesting the Small Business Preference, then complete Appendix C, the Bidder Declaration Form, and indicate the total Small Business participation.

The use of the Small Business Preference shall be in compliance with the law and specifically Government Code Section 14838.B.2. In solicitations where an award is to be made to the highest scored bidder based on evaluation factors in addition to price, the preference to small businesses or microbusiness shall be 5 percent of the highest responsible bidder’s total score. The preference to non-small business bidders that provide for small business or microbusiness subcontractor participation shall be up to a maximum 5 percent of the highest responsible bidder’s total score, determined according to rules and regulations established by the Department of General Services.

In solicitations where an award is to be made to the low bid, the preference is applied by factoring

5 percent of a non-small business low bid total and subtracting this amount from the small business bid total.

3.1.11 Accessibility Technology Initiative – Section 508

California Government Code 11135 requires that the University comply with Section 508 of the Rehabilitation Act of 1973, as amended, and to apply the accessibility standards published by the U.S. Access Board for electronic and information technology (EIT) products and services that it buys, creates, uses, and maintains.

EIT is any equipment, interconnected system, or subsystem of equipment used in the creation, conversion, or duplication of data or information. EIT is defined by the Access Board at 36 CFR

1194.4 and in the FAR at 2.101. EIT includes:

a. Telecommunication products, such as telephones;

b. Information kiosks;

c. Transaction machines;

d. World Wide Web sites;

e. Software and Operating Systems;

f. Computers;

g. Multimedia (including videotapes), and;

h. Office equipment, such as copiers and fax machines.

3.1.12 Patent, Copyright, and Trade Secret Indemnity

A contractor may be required to furnish a bond to the San Diego State University against any and all loss, damage, costs, expenses, claims and liability for patent, copyright and trade secret infringement.

3.1.13 Accommodations for the Disabled

It is the policy of the University to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities. Persons with a disability needing a reasonable modification to participate in the procurement process, or persons having questions regarding reasonable modifications for the procurement process may contact the buyer listed elsewhere in this solicitation.

3.1.14 PUBLIC CONTRACTS CODE RESTRICTIONS FOR SAN DIEGO STATE

UNIVERSITY EMPLOYEES

The San Diego State University employees and immediate past employees must comply with restrictions regarding contracting with the University. Bidder needs to be aware of the following provisions regarding current or former University employees. In submitting a bid, Bidder certifies that the Bidder is eligible to contract with the University pursuant to the Public Contracts Code (PCC) sections list below:

a. Current University Employees (PCC Section 10831):

i. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any University department through or by a University contract unless the employment, activity or enterprise is within the course and scope of the officer’s or employee’s regular University employment.

ii. No officer or employee shall contract on his or her own behalf as an independent Bidder with any University department to provide goods or services.

iii. This prohibition does not apply to officers or employees of the University with teaching or research responsibilities.

b. Former University Employees (PCC Section 10832):

i. For the two-year period from the date he or she left University employment, no former University officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any University department.

ii. For the twelve-month period from the date he or she left state employment, no former University officer or employee may enter into a contract with any University department if he or she was employed by that University department in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving University service.

3.1.15 LOSS LEADER

It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 10730 of the Business and Professions Code.

“Loss leader” means any article or product sold at less than cost:

a. Where the purpose is to induce, promote, or encourage the purchase of other merchandise; or

b. Where the effect is a tendency or capacity to mislead or deceive purchasers to prospective purchases; or

c. Where the effect is to divert trade from or otherwise injure competitors.

3.1.16 BRAND NAMES

Any reference to brand names is intended to be descriptive, but not restrictive, unless otherwise specified. Proposals meeting the indicated standards of quality will be considered, unless otherwise specified, providing the proposal clearly describes the article offered and how it differs from the referenced brands. Unless the contractor specifies otherwise in the proposal, it is understood the Contractor is offering referenced brands as specified. The University reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references. The University may require a contractor offering a substitute to supply additional descriptive material and samples.

3.1.17 SUSTAINABILITY

Bidders must present information describing their current sustainable practices, to include, as applicable, the areas of natural resources, company operation and positive social/community impact, written policy statement, sustainable business practices and environmentally preferable purchasing practices or updates to Vendor’s sustainable practices, as applicable as requested in Appendix F.

3.2 BIDDER’S CERTIFICATION.

By submitting a proposal, the Bidder certifies to comply with the following:

3.2.1 AMERICANS WITH DISABILITIES ACT (ADA)

Bidder assures the University that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.).

3.2.2 UNFAIR PRACTICES ACT

Bidder warrants that its bid complies with the Unfair Practices Act (Business and Professions Code Section 17000 et seq.).

3.2.3 VIOLATION OF AIR OR WATER POLLUTION LAWS

Unless the contract is less than $25,000.00 or with a sole-source provider, Government Code Section 4477 prohibits the State from contracting with a person, including a corporation or other business association, who has been determined to be in violation of any State or federal air or water pollution control law. By a proposal the Bidder warrants that the Bidder has not been found to be in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution district, or is subject to a cease and desist order not subject to review issued pursuant to Section 13310 of the Water Code for violation of waste discharge requirements or discharge prohibitions, or is finally determined to be in violation of provisions of federal laws relating to air or water pollution. By submitting a bid, the Bidder certifies that it has not been identified either by published notices or by Board notification as a person in violation of State or federal air or water pollution control laws.

3.2.4 COMPLIANCE WITH NLRB ORDERS

In submitting a bid or signing a contract the Bidder swears under penalty of perjury that no more than one final, unappealable finding of contempt of court by a federal court has been issued against the Bidder within the immediately preceding two-year period because of the Bidder's failure to comply with an order of a federal court which orders the Bidder to comply with an order of the National Labor Relations Board. This provision is required by, and shall be construed in accordance with, Public Contract Code Section 10296.29.

3.2.5 ASSIGNMENT OF ANTITRUST ACTIONS

The Bidder's attention is directed to the following provisions of Government Code Sections 4552, 4553, and 4554, which shall be applicable to the Bidder:

In submitting a bid to a public purchasing body, the Bidder offers and agrees that if the bid is accepted, it will assign to the procurement body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Bidder for sale to the procurement body pursuant to the bid. Such assignment shall be made and become effective at the time the procurement body tenders final payment to the Bidder (Government Code Section 4552).

If an awarding body or public procurement body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery (Government Code Section 4553). Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action (Government Code Section 4554).

3.2.6 NON COLLUSION AFFIDAVIT

By submitting a bid, Bidder hereby certifies that the bid is not made in the interest of, or on behalf of, any undisclosed party; that the bid is genuine and not collusive, false, or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has not directly or indirectly agreed with any Bidder or anyone else to put in a false or sham bid, or to refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought to fix any overhead, profit or cost element of the bid, of that of any other Bidder, or to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract.

3.2.7 SAFEGUARDS FOR PROTECTING [CAMPUS NAME] INFORMATION ASSETS

By submitting a bid, Bidder acknowledges Federal privacy laws such as Gramm-Leach-Bliley Act (Title 15, United States Code, Sections 6801(b) and 6805(b) (2)) applicable to financial transactions and Family Educational Rights and Privacy Act (Title 20, United States Code, Section 1232g) applicable to student records and information from student records. In the event that such information is required for the performance of the work specified, the Bidder hereby certifies that it has the appropriate safeguards in place as required by Title 16 Code of Federal Regulation Chapter 1 Section 314.

3.2.8 COVENANT AGAINST GRATUITIES

The Bidder shall warrant that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Bidder, or any agent or representative of the Bidder, to any officer or employee of the University with a view toward securing the Contract or securing favorable treatment with respect to any determinations concerning the performance of the Contract. For breach or violation of this warranty, the University shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by the University in procuring on the open market any items, which the Bidder agreed to supply, shall be borne and paid for by the Bidder. The rights and remedies of the University provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract.

3.2.9 DRUG-FREE WORKPLACE CERTIFICATION

The Bidder certifies under penalty perjury under the laws of the State of California that the Bidder will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8355 et. seq.) and will provide a drug-free workplace by doing all of that which Section 8355 et seq. requires.

3.2.10 ELECTRONIC WASTE RECYCLING ACT

In submitting a bid for electronic devices, as defined by the Electronic Waste Recycling Act of 2003, Part 3 Division 30 Changer 8.5 of the Public Resource Code, the Bidder certifies that it, and its agents, subsidiaries, partners, joint ventures, and subcontractors for the procurement, have complied with the Electronic Waste Recycling Act of 2003 and any regulations adopted pursuant to the Act, or have demonstrated to the University that the Electronic Waste Recycling Act of 2003 is inapplicable to all lines of business engaged in by the bidder, its agents, subsidiaries, partners, joint venturers, or subcontractors. In addition the Bidder agrees to cooperate fully in providing reasonable access to its records and documents that evidence compliance with the Electronic Waste Recycling Act of 2003.

3.2.11 DARFUR CONTRACTING ACT

PCC sections 10475 et seq., the Darfur Contracting Act of 2008, establish restrictions against contracting with vendors conducting certain types of business in Sudan. The Act sets forth criteria to determine if a vendor is a “scrutinized company” and therefore ineligible to bid on or submit a proposal for State contracts.

Upon submitting a bid, bidders that have had business activities outside of the United States within the previous three years certify that they are not a scrutinized company as defined, or demonstrate they obtained permission under the statute. (PCC §§ 10478, 10477(b).) False certifications shall cause the bid to be invalidated. (PCC § 10479.)

3.2.12 IRAN CONTRACTING ACT

PCC sections 2202 et seq., the Iran Contracting Act of 2010, establish restrictions against contracting with vendors that provide specified levels of goods or services or other investment activities, as defined, in the energy sector of Iran. By submitting a bid in excess of $1 million, bidder certifies that bidder is not a financial institution extending credit to an ineligible vendor on the list published by the California Department of General Services on the web site:

http://www.documents.dgs.ca.gov/pd/poliproc/Iran%20Contracting%20Act%20List.pdf (PCC § 2204.) The Act includes certain exceptions. (PCC § 2203(c).)

3.2.13 THE CONGO – SECURITIES EXCHANGE ACT

PCC § 10490 establishes restrictions on contracting for certain goods and services relating to compliance with the Securities Exchange Act of 1934. The [CAMPUS NAME] will not accept bids or proposals or contract for goods or services related to products or services from companies designated as a “scrutinized company” by the Federal Government.

By submitting a bid, bidder certifies that they are not a scrutinized company as defined. False certifications shall cause the bid to be invalidated.

For purposes of this section, a “scrutinized company” is a person that has been found to be in violation of Section 13(p) of the Securities Exchange Act of 1934 by final judgment or settlement entered in a civil or administrative action brought by the Securities and Exchange Commission and the person has not remedied or cured the violation in a manner accepted by the commission on or before final judgment or settlement.

(End of Section 3) http://www.documents.dgs.ca.gov/pd/poliproc/Iran%20Contracting%20Act%20List.pdf

SECTION 4: SCOPE OF WORK

4.1 Scope of Services

The Contractor shall provide security services for on-campus events including but not limited to: bag checks, crowd control, patrol, theft prevention, and other standard security functions that involve taking reasonable action to prevent disorders, breaches of the peace and damage to University property. Common events include but are not limited to athletics games, concerts, shows, meetings, community events, commencement, building patrol, RedID checks, alcohol identification checks, etc. Contactor shall be able to provide but is not limited to security guards, supervisors, risk managers, ushers, ticket takers, and guest services. Contractor shall be able but may not be required to serve all outlined departments below and any other Auxiliary, University Activity, or related event.

This Scope of Work includes an optional add-ons section that lists additional service capabilities desired in a Contractor. Expressed add-on capabilities by a Contractor will be considered in the final selection of bid responses.

4.2 General

Responsibility and Qualities of Staff provided by Contractor shall include the following:

1. Event Staff and Event Security Services shall be of highest quality attainable.

Services shall be provided in a first class and professional manner, and in accordance with health and safety standards of the State of California and all applicable statutes, rules, and regulations.

2. All designated Security staff provided by Contractor are to be properly certified and licensed (Guard Card and/or any other requirement) by the State of California if applicable at contractor’s expense and Staff must have gone through a national background check. Guards must present their California issued guard cards upon request.

3. Contractor must operate a 24-hour office for scheduling, staffing missing a shift, dismissed for cause or a last minute staffing request needed outside of regular hours.

4. Contractor must have a local management office.

5. Contractor must be able to replace staff within one hour or a dismissal or urgent request.

6. Ensure that all staff are properly trained in security, safety, and emergency duties.

This should include but is not limited to:

a. Emergency procedures such as fire, earthquake, civil disorder, and building evacuation procedures.

b. Contractor should implore staff to be CPR certified and have other basic life-saving training standards to the security industry, or to be able to obtain certification within 90 days of commencement of services.

7. Ensure all staff have a good working knowledge of the legal restrictions of arrest, search, and seizure.

8. Furnish and maintain all uniforms, materials, tools, including but not limited to:

flashlights, radios (walkie-talkie to communicate), metal detecting hand wands, and bullhorns, and other equipment necessary to perform contracted services.

9. Staff must wear ID badges at all times

10. Ensure that all staff arrive on time and are dressed in matching company uniforms with company name visible.

11. Ensure that all staff have a clean, alert, and neat appearance and have appropriate hygiene.

12. Ensure all staff are at least 18 years of age with a good ability to deal with the public, especially young adults, in a racially and culturally diverse population.

13. Ensure all supervisors and management personnel have at minimum one (1) year experience as a security guard and that all personnel have sufficient training to execute tasks in a professional and ethical manner.

14. Identify managers and supervisors that will work with Campus Partners for their respective departments' needs.

a. Contractor shall have a single point of contact for the entire CSU.

b. Contractor shall have a team or an individual who oversees all the CSU’s needs, coordinates with the CSU for staffing, and ensures adequate staffing levels and quality of staff.

15. Contractor shall guarantee that they will meet all staffing requirements at a sufficient level and quality level at the CSU’s discretion.

16. Ensure all assigned staff is in suitable physical health to be capable of intensive or prolonged physical activity without endangering self or others, in both emergency and non-emergency situations that involve but is not limited to running, standing, bending, sitting, climbing, lifting, and extreme weather conditions.

17. Ensure that none of its employees with felony convictions are assigned to CSU.

Employees with misdemeanor convictions may be considered on a case-by-case basis for suitability.

a. The Contractor shall inform the Department management with 2-4 weeks notice when a guard with a misdemeanor conviction is expected to render services.

b. CSU shall reject the designation of such employee and the Contractor must find a suitable replacement.

18. Ensure all staff are fluent in English. Staff must be able to speak, read, and understand English.

19. Ensure that all events are fully staffed per CSU' s requirements, or that CSU is notified at least 24 hours in advance in cases of staffing issues. Contractor shall propose a mitigation plan in the event of a staffing shortage.

20. Ensure that all staff follow all directions given to them by Department management or CSU Police Department Staff.

21. Ensure that any crimes in progress will be reported immediately to the University Police Department.

22. Ensure that the supervisor for each event does a personal inspection of event guards on post at random times, but no less than once per event, sufficient to assure job performance and personal well-being.

23. Staff shall be prohibited from the following while on duty at CSU:

a. Listening to radios or any other audio medium which is not job related;

b. Watching television or using electronic devices for non-job related purposes;

c. Reading any materials which are not job related;

d. Leaving their posts without permission of the supervisor;

e. Entertaining personal visitors;

f. Being under the influence of illegal drugs or alcohol or having any detectable amount of illegal drugs in their bloodstream;

g. Being under the influence of prescribed medications which may affect job performance;

h. Displaying a discourteous, abrupt, abrasive, or belligerent attitude;

i. Sleeping while on duty; and

j. Presenting or identifying themselves as an employee of the State of

California;

k. The University retains the right to send home guards/request replacement guards in the event of any of the above instances. Contractor shall accommodate requests within 2 hours.

24. Ensure that the appropriate minimum hourly wage is paid to their staff during the term of this agreement.

25. Effectively communicate to their personnel the needs of the events and assignments.

26. Ensure that all personnel take all required breaks and required lunch periods per the California Department of Labor guidelines.

27. CSU will not pay overtime without written pre-approved authorization.

Contractor shall schedule guards in a manner that they deem appropriate without incurring overtime rates to the CSU.

28. Ensure that at no time any of their employees carrying any type of weapon on CSU property including but not limited to: firearms, batons, handcuffs, knives, saps, brass knuckles, stun-gun, taser, oleoresin capsicum (Pepper) spray, or any tear gas agent.

29. University will not be responsible for providing snacks and/or meals to the employees of the Contractor.

30. Follow all CSU campus policies including local and state traffic and police requirements.

31. Comply with all statutes, laws, regulations, and orders of federal, state, county or municipal authorities that are applicable to their scope of work.

32. At all times observe campus parking rules and regulations, the vehicle laws of the State of California, the ordinances of the City of San Diego, and the parking and traffic regulations California State University San Diego State. All rules and regulations of the University controlled property are in effect twenty-four (24) hours a day. No properly issued citation will be waived. It will be the responsibility of the Contractor to obtain and provide necessary parking permits to their personnel unless otherwise noted. Permits required by Contractor or Contractor’s employees must be paid for by the Contractor and/or Contractor’s employees. For parking rates and more information, visit the permits page at https://parking.sdsu.edu/permits.

a. For avoidance of doubt CSU will not be responsible for any payment of staff or Contractor parking. Contractor and or its staff must pay for their own parking at all times.

i. The current parking rate as of 2024 is $4.75 per day.

b. Parking fees may vary throughout the life of this contract. Please reference the parking permits page referenced above for more up to date information.

i. Contractor shall be in compliance with IRS Qualified Transportation Benefit.

33. In the event of an emergency, provide additional personnel within two (2) hours of the request.

34. Note that CSU reserves the right at any time, with reasonable notice, to adjust the staffing levels on an as needed basis based on the specific needs of the University.

CSU WILL:

35. Reserve the right to disqualify any Staff member from working any event or shift should they have poor performance, their behavior causes harm to the University, or violates any terms in this Statement of Work or other provisions of this Agreement.

36. Provide any special instruction or training as it relates to the University operation.

37. Will contact the Contractor for Staffing needs as far out as 2- 4 weeks before event if possible. Shorter notice may be necessary for individual department needs. CSU will take reasonable efforts to inform the Contractor at its earliest convenience of its staffing needs.

38. Space may be designated for Contractor for a “command post” and break area.

This space is provided to accommodate Contractor needs on the day of the event.

All equipment, machines, supplies, etc. stored by the Contractor in these locations is done so at their own risk. University, Auxiliary or its affiliates named or unnamed are not responsible for the safety and security of the equipment. Space must be maintained in a clean organized manner.

https://parking.sdsu.edu/permits https://parking.sdsu.edu/permits

39. CSU Campus Partners, when necessary, may provide a space for the contracted staff to gather or debrief before, during or after the service, and/or utilize the space as a break room.

40. CSU may provide customized polos/t-shirts/high-visibility vests with contractor name and CSU branded logo only at the request of the Campus Partner authorities.

a. Clothing and/or equipment provided or paid fully or partially by CSU will be kept in clean and working condition.

41. CSU and Contractor will work on a parking and transportation plan to minimize impact to the campus and events.

The following are examples of specific needs for CSU. Actual needs vary depending on department. The event details are for illustrative purposes only, actual hours and security personnel may vary. Contractor may be requested for these services or may not depending on department need. For avoidance of doubt Contractor shall have the capability to provide all services below.

4.3 Department of Athletics

1. Contractor would be required to provide Security Services at athletic events and adjacent areas on event days. Contractor should provide the following services for every Contractor Staffed Athletics event: bag check, alcohol identification check, ushering, and general event security. Further, Contractor shall ensure that alcohol does not leave the event space or other designated areas.

2. Contractor shall appoint a Manager for Event Staff & Event Security.

a. Contractor shall appoint a manager with approval from CSU for the term of the agreement. In addition to Athletic events, Manager shall be available as needed with reasonable notice, for all required meetings, calls, etc.

b. In addition to the general background check and licensing/certification requirements, Contractor shall provide background, experience, education, certifications and/or other relevant background for proposed Manager.

3. Security is currently utilized at multiple intercollegiate/Athletic events. Below is an example of events. Currently Athletics has security needs for the following events Soccer, Baseball and Softball. Other events such as Volleyball may be added in the future. CSU may add additional venues and events based on actual need. CSU will give Contractor advanced notice of its intent to expand services.

CSU shall furnish the schedule to the Contractor for all Athletic events at or near the beginning of the Academic Year.

a. Soccer has approximately twenty (20) events per year. Soccer events may require approximately four to six (4-6) security personnel. Security personnel are needed for an average of five (5) hours per Soccer Event.

b. Baseball has approximately thirty-five (35) event days per year. Baseball events may require six to eight (6-8) security personnel. Security personnel will be needed for an average of six (6) hours per Baseball Event.

c. Softball has approximately twenty-five (25) event days per year. Softball events may require four to six (4-6) security personnel. Security personnel will be needed for an average of five (5) hours per event. Softball has approximately two to three (2-3) tournaments a year making up roughly10 event days. Security personnel shall be the same, however, Staff will need to be available for twelve to fourteen (12-14) hours a day for tournament events.

d. Volleyball has approximately fifteen (15) event days per year. Volleyball events may need four (4) security personnel per event. Security personnel would be needed for an average of five (5) hours per event.

4.4 Enrollment Services

1. Contractor would be required to staff Explore SDSU events. Explore SDSU is a campus-wide event with the goal of recruiting admitted students and marketing SDSU to prospective students.

a. Contractor shall provide staff the day before and the day of the event to monitor canopies, tables, and equipment that is setup to prevent them from being stolen. Canopies, tables, and equipment may be set up along public walkways all throughout campus.

b. Explore SDSU requires four (4) security officers. This shall include one

(1) Lead/Supervisor and three (3) guards per shift.

c. Staff shifts are from 5 p.m. the night prior to the event through 7am the following morning/day of the event (subject to change).

d. Contractor shall report on any issues, do continual walkthroughs throughout their shifts. Contractor shall ensure all equipment is safe, canopies, tables, and equipment are in the same condition as they were left the night before and, nothing is stolen.

e. Contractor shall report on any issues during their shift to the Director of Student Recruitment and School Relations, Matthew Hebert.

4.5 Library

The Contractor would be required to perform the Security Services as necessary for the Library. Contractor shall provide security services for the Library on an as needed basis and as specified by the Library on each request for services. Department may request but is not limited to the following:

1. Clearing the library at closing, staffing during emergency evacuations, checking identification cards (RedID), enforcement of food and other restrictions, bag checks, crowd control, patrol, theft prevention, and other standard security functions. Services may include taking reasonable action to prevent disorders, breaches of the peace, and damage to University property.

2. Common events include but are not limited to 24/7 and other study spaces, meetings, community events, etc.

3. Staff will monitor the personal safety of students, staff, and faculty.

4. Staff will enforce the Library's policies by engaging persons violating policy in a polite and professional manner. Procedure for taking the appropriate action with those in non-compliance will be established and followed.

5. Staff will prevent and/or deter the damage, destruction, vandalism, and theft of Library materials by observing and reporting the aforementioned activities to the University Police…