SE12144_-_IFB_for_POs_____Commodities_-_FLEET__Fed_Grant_.pdf

P-696c (04-26) Page 1 of 2 Sourcing Event 0000012144 October 7, 2026

P-696c (04-26) InvitaƟon for Bids (POs) - CommodiƟes

City and County of San Francisco

Formal Request for Proposals for:

14-Foot Rigid Hull Inflatable Vessel

Sourcing Event ID 0000012144 │Dept Contract ID: TBA

This SolicitaƟon can be viewed on the City’s Supplier Portal at:

hƩps://sfcitypartner.sfgov.org/pages/index.aspx

Bid Phase TentaƟve Date

InvitaƟon for Bids Issued Wednesday, October 7, 2026

Pre-Bid Conference None

Deadline for WriƩen QuesƟons October 16, 2026 at 12:00 P.M. Pacific Time

Bid Due Date October 20, 2026 at 2:00 P.M. Pacific Time

Bid Opening

October 20, 2026 at 2:00 P.M. Pacific Time

NoƟce of Intent to Award TBA

Period for ProtesƟng NoƟce of Intent to Award

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

Purchase Order Administrator: Mark Farley Procurement Manager, Office of Contract AdministraƟon City Hall, Room 430 1 Dr. Carlton B. GoodleƩ Place San Francisco, CA 94102 Phone: (628) 652-1608 Email: mark.farley@sfgov.org

MANDATORY MINIMUM

QUALIFICATION

DOCUMENTATION

Proposers must submit the necessary documentaƟon with their proposals to demonstrate they meet every Minimum QualificaƟon (MQ) requirement set forth in SecƟon 6 of this solicitaƟon. A proposal that fails to provide the required documentaƟon will not be eligible for further consideraƟon.

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AƩachments AƩachment 1: City’s Purchase Order Terms AƩachment 2: Bidder QuesƟonnaire AƩachment 3: OmiƩed (Bid Sheet Template) AƩachment 4: First Source Hiring Form AƩachment 5: Special Bid CondiƟons for Vehicles/Equipment AƩachment 6: Vehicle/Equipment SpecificaƟons AƩachment 7: Federal Grant Terms

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Table of Contents

1 IFB SUMMARY

1.1 IntroducƟon

1.2 SelecƟon Overview

1.3 CooperaƟve Purchasing and Use by Other City Departments

1.4 Purchase Order Terms and NegoƟaƟons

2 SOLICITATION SCHEDULE

3 REQUIREMENTS FOR REQUESTED GOODS

3.1 Goods Requested

3.2 Regulatory and Compliance Requirements Specific to the Goods Solicited

3.3 Green Purchasing Requirements

3.4 Alternates and Samples

3.5 Freight on Board and Shipping Costs

3.6 AddiƟonal Purchases

4 LOCAL BUSINESS ENTERPRISE (LBE) PROGRAM REQUIREMENTS

4.1 CMD Compliance Officer

4.2 ApplicaƟon of LBE Bid Discounts

4.3 Reserved

4.4 Reserved

4.5 Reserved

5 BID EVALUATION CRITERIA

6 MINIMUM QUALIFICATIONS AND DOCUMENTATION REQUIRED FROM THE

APPARENT LOWEST BIDDER (PASS/FAIL)

7 BID PRICE

7.1 Bid Format

7.2 Bid EvaluaƟon Period

7.3 Price Discrepancies

7.4 Bidding on Separate Items or in Aggregate(s)

7.5 ApplicaƟon of Bid Discounts for EvaluaƟng Lowest Price

8 SUPPORTING DOCUMENTATION REQUIRED 5 DAYS AFTER ISSUANCE OF THE

NOTICE OF INTENT TO AWARD

9 FAILURE TO PROVIDE INSURANCE AND/OR BONDS

10 CITY’S SOCIAL AND ECONOMIC POLICY REQUIREMENTS

10.1 NondiscriminaƟon Requirements (“Equal Benefits”)

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10.2 Reserved

10.3 Reserved

10.4 Reserved

10.5 First Source Hiring Program

10.6 Sweaƞree Procurement

10.7 Non-Profit EnƟƟes

10.8 Other Social Policy Provisions

11 TERMS AND CONDITIONS FOR RECEIPT OF BIDS

11.1 How to Register to propose and be awarded a City Contract

11.2 Bid QuesƟons and Submissions

11.3 Bid Addenda

11.4 Public Disclosure

11.5 LimitaƟon on CommunicaƟons During SolicitaƟon

11.6 Bid SelecƟon Shall Not Imply Acceptance

11.7 Cybersecurity Risk Assessment

11.8 SolicitaƟon Errors and Omissions

11.9 ObjecƟons to SolicitaƟon Terms

11.10 Protest Procedures

11.11 Bid Term

11.12 Revision to Bid

11.13 Bid Errors and Omissions

11.14 Financial Responsibility

11.15 Bidder’s ObligaƟons under the Campaign Reform Ordinance

11.16 ReservaƟons of Rights by the City

11.17 No Waiver

11.18 Other

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1 IFB Summary

1.1 IntroducƟon

This InvitaƟon for Bids (hereinaŌer “IFB” or “SolicitaƟon”) is being issued by the Office of Contract AdministraƟon (“OCA”) on behalf of all City Departments. OCA is seeking qualified suppliers (“Bidders”) to provide offers (“Bid”) for a 14-Foot Rigid Hull Inflatable Vessel.

1.2 SelecƟon Overview

The City shall award a Purchase Order to the Bidder that meets the Minimum QualificaƟons of this SolicitaƟon whose Bid is the Lowest Responsive Bid. Responsive Bids will be evaluated based on the criteria outlined herein. If applicable, a Contract Monitoring Division (CMD) Contract Compliance Officer will assess Bid compliance with Local Business Enterprise (LBE) requirements and assign a Bid Discount to eligible Bids.

1.3 CooperaƟve Purchasing and Use by Other City Departments

Any other City department, public enƟty or non-profit made up of mulƟple public enƟƟes, may use the results of this SolicitaƟon to obtain some or all of the commodiƟes to be provided by Bidder under the same terms and condiƟons of any Purchase Order awarded pursuant to this SolicitaƟon.

1.4 Purchase Order Terms and NegoƟaƟons

The successful Bidder will be required to accept the Purchase Order aƩached hereto as AƩachment 1, City’s Purchase Order Terms. City’s Purchase Order terms are not subject to negoƟaƟon. Failure to Ɵmely execute City’s Purchase Order Terms, or to furnish any and all insurance cerƟficates and policy endorsements, surety bonds or other materials required by City’s Purchase Order Terms, shall be deemed an abandonment of the Bid and City, in its sole discreƟon, may select another Bidder and proceed against the original selectee for damages.

2 SolicitaƟon Schedule The anƟcipated schedule for this SolicitaƟon is set forth below. These dates are tentaƟve and subject to change. It is the responsibility of the Bidder to check for any Addenda to this SolicitaƟon or other published perƟnent informaƟon.

Bid Phase TentaƟve Date

InvitaƟon for Bids Issued Wednesday, October 7, 2026

Pre-Bid Conference None

WriƩen QuesƟons Due Date October 16, 2026 at 12:00 P.M. Pacific Time

Bid Due Date October 20, 2026 at 2:00 P.M. Pacific Time

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NoƟce of Intent to Award TBA

Period for ProtesƟng NoƟce of Intent to Award

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

Pre-Bid Conference Details

The Pre-Bid Conference will begin at the Ɵme specified. Bidders’ representaƟves are urged to arrive on Ɵme. Topics already covered will not be repeated for the benefit of late arrivals.

Failure to aƩend the Pre-Bid Conference shall not excuse the awarded Bidder from any obligaƟons of a Purchase Order awarded pursuant to this SolicitaƟon. Any change or addiƟon to the requirements contained in this SolicitaƟon as a result of the Pre-Bid Conference will be executed by a wriƩen Addendum to this SolicitaƟon. It is the responsibility of the Bidder to check for any Addendum to this SolicitaƟon or other published perƟnent informaƟon.

3 Requirements for Requested Goods

3.1 Goods Requested

This SolicitaƟon is being issued by OCA on behalf of all departments. OCA is seeking qualified Bidders to provide Bids for 14-Foot Rigid Hull Inflatable Vessel, in accordance with the SpecificaƟons set forth in Appendix A to City’s Purchase Order Terms (AƩachment 1).

3.2 Regulatory and Compliance Requirements Specific to the Goods Solicited

Prior to submiƫng a Bid in response to this SolicitaƟon, Bidders must ensure they have fully read and understood the “Regulatory and Compliance Requirements” set forth in AƩachment 1, City’s Purchase Order Terms.

3.3 Green Purchasing Requirements

In preparaƟon for any Bid submiƩed in response to this SolicitaƟon, Bidders are required to review the City Mandatory Green Purchasing Requirements to ensure all goods offered to City in response to this SolicitaƟon comply with the City’s Green Purchasing Requirements. In addiƟon, Bidders are encouraged to refer to AƩachment 1, City’s Purchase Order Terms, for addiƟonal details related to the Green Purchasing Requirements applicable to any Purchase Order awarded pursuant to this SolicitaƟon.

3.4 Alternates and Samples

When the name of a manufacturer, brand or make, with or without model number, is used in describing any item in this document, Bids for similar goods will be considered.

Unless Bidder states to the contrary, goods offered will be assumed to be the specific goods named in this document. If not offering the specific arƟcle named, Bidder should enclose with their Bid full informaƟon, specificaƟons and descripƟve data on items offered. City may require

P-696c (04-26) Page 3 of 15 Sourcing Event 0000012144 any tesƟng, inspecƟon or documentaƟon necessary to determine suitability of alternates offered. All such tesƟng, inspecƟon or documentaƟon shall be at the Bidder's expense. Failure to provide same within 30 days of noƟficaƟon to do so shall be considered a withdrawal of Bid.

The City will also have discreƟon to accept or reject goods submiƩed as approved equals for its intended use. Bidder is responsible for idenƟfying any deviaƟons from the City’s stated specificaƟons.

3.5 Freight on Board and Shipping Costs

Goods shall be shipped Freight on Board, to any desƟnaƟon named in the Purchase Order issued by City pursuant to this SolicitaƟon. The cost of shipment must be incorporated into the offered unit costs.

3.6 AddiƟonal Purchases

In accordance with Chapter 21 of the San Francisco AdministraƟve Code and the Purchaser’s regulaƟons, the City in its sole discreƟon may purchase addiƟonal goods pursuant to this solicitaƟon. Such addiƟonal items include more quanƟty of specified items where contracted quanƟƟes are fixed.

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4 Reserved (Local Business Enterprise (LBE) Program Requirements)

4.1 Reserved (CMD Compliance Officer)

4.2 Reserved (ApplicaƟon of LBE Bid Discounts)

4.2.1 Reserved (CommodiƟes)

4.2.2 Reserved.

4.2.3 Reserved.

4.3 Reserved.

4.4 Reserved.

4.5 Reserved.

5 Bid EvaluaƟon Criteria

EvaluaƟon Phase EvaluaƟon Criteria

Minimum QualificaƟons DocumentaƟon Pass/Fail

Bid Sheet Lowest Price

6 Minimum QualificaƟons and DocumentaƟon Required from the Apparent Lowest Bidder (Pass/Fail) Bidders must meet each Minimum QualificaƟon (MQ) listed below. As outlined in the table below, certain documents must be provided with your Bid, while others are due if Bidder is deemed the Apparent Lowest Bidder by OCA. Such documentaƟon should be clearly marked as “MQ1”, MQ2”, etc.… to indicate which MQ it supports. A bid that fails to provide the following documentaƟon at the Ɵme requested, will not be eligible for further consideraƟon. This screening is a pass or fail determinaƟon and a Bid that fails to meet the Minimum QualificaƟons will not be eligible for further consideraƟon in the evaluaƟon process. The City reserves the right to request clarificaƟons from Bidders prior to rejecƟng a Bid for failure to meet the Minimum QualificaƟons.

MQ # DescripƟon When Due to OCA

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MQ 1 Evidence that Bidder has 2 years of experience within the last 5 years in the sale of goods and/or services requested by this SolicitaƟon.

When deemed the Apparent Lowest Bidder by OCA

MQ 2 Where vehicle/equipment will be a CA street legal unit, the successful bidder must be currently cerƟfied as a manufacturer’s dealer and licensed as a California DMV vehicle dealer for vehicle sales. If Bidder is the manufacturer, a business license must be provided.

When deemed the Apparent Lowest Bidder by OCA

7 Bid Price

7.1 Bid Format

The Bid Sheet associated with this SolicitaƟon is aƩached hereto as AƩachment 3. Include a completed Bid Sheet with your Bid, following all instrucƟons set forth therein.

7.2 Bid EvaluaƟon Period

The City will aƩempt to evaluate Bids within thirty (30) days aŌer receipt of Bids.

7.3 Price Discrepancies

Where applicable, if there is a discrepancy between the Bid Sheet and pricing entered by Bidder into the Supplier Portal, the Bid Sheet pricing will prevail. In the event of a discrepancy between the unit price and the extended price, the unit price will prevail.

7.4 Bidding on Separate Items or in Aggregate(s)

Single Aggregate: This SolicitaƟon will result in the evaluaƟon and award of one Aggregate consisƟng of one or more lines on the Bid Sheet Template. The Bid price for the Aggregate shall equal the total cost of all line items within that Aggregate and shall be evaluated against other Bid, aŌer being reduced by any applicable LBE discounts, Local Tax discounts and/or Prompt Payment discounts. Bid prices shall be exclusive of sales tax.

Bidder must provide the City with pricing that is equal to or beƩer than the best pricing offered to any other customer.

7.5 ApplicaƟon of Bid Discounts for EvaluaƟng Lowest Price

7.5.1 Reserved (ApplicaƟon of LBE Bid Discount to Bid Price)

7.5.2 ApplicaƟon of Prompt Payment Discounts to Bid Price

Prompt Payment discount (discount for prompt payment) will be taken into consideraƟon in determining the Lowest Responsive Bid.

The prompt payment period must be at least 30 days. Example: “1%/30 Net31.”

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The evaluaƟon discount will be equal to the prompt payment discount amount, up to a maximum evaluaƟon discount of 2%. Example: Prompt payment discount offered is 3%.

EvaluaƟon discount to be applied will be 2%.

7.5.3 Reserved (ApplicaƟon of AnƟcipated Local Tax Revenue Discount to Bid Price)

7.5.4 Sample Price Discount CalculaƟon

EvaluaƟons are performed on a pre-tax basis except in rare instances, where tax may be a factor (i.e. One vendor bundles the commodiƟes and services in such a way that the enƟre amount must be taxed, while another vendor clearly separates commodiƟes and services). Below is an example of how bid discounts are applied to a Bid for commodiƟes and services.

ABC Firm Bid AƩributes

Is offering 4%/30 Net31 Prompt Payment Discount Offered

Bid Price

(Pre-Tax)

Prompt Payment

Terms Discount

(2% Max)

Evaluated Price when determining Lowest

Responsive Bid

CommodiƟes $2,000 ($40) $1,960

Total $2,000 ($40) $1,960

8 SupporƟng DocumentaƟon Required 5 Days AŌer Issuance of the NoƟce of Intent to Award Bidders must provide each Required SupporƟng DocumentaƟon (“RSD”) idenƟfied below no later than five (5) calendar days aŌer issuance of the NoƟce of Intent to Award. Failure to do so may result in the Bid being deemed Non-Responsive.

RSD 1

Evidence that Proposer is compliant or likely to become compliant within 5 calendar days of the Proposal Due Date with San Francisco Labor and Employment Code ArƟcles 131 and 132.

RSD 2

Completed Bid AƩachments:

☒ AƩachment 4: First Source Hiring Form

RSD 3 Insurance in accordance with AƩachment 1, City’s Purchase Order Terms.

RSD 4

Non-Profit EnƟƟes: If Bidder is a non-profit organizaƟon and receives a cumulaƟve total per year of at least $250,000 in City funds or City-administered funds:

(1) a statement describing Bidder’s efforts to comply with the Chapter 12L provisions regarding public access to Bidder’s meeƟngs and records, and

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(2) a summary and disposiƟon of all complaints concerning the Bidder’s compliance with Chapter 12L that were filed with the City in the last two years and deemed by the City to be substanƟated. If no such complaints were filed, the Bidder shall include a statement to that effect.

Failure to comply with the repor ng requirements of Chapter 12L or material misrepresenta on in Bidder’s Chapter 12L submissions shall be grounds for rejec on of the Bid and/or termina on of any subsequent agreement reached on the basis of the Bid.

9 Failure to Provide Insurance and/or Bonds Unless otherwise stated, within five (5) business days of the receipt of a noƟce of award of a Purchase Order, the Bidder to whom the Purchase Order is awarded shall deliver the specified bond documents and/or insurance cerƟficates and policy endorsements to City. If the Bidder fails or refuses to furnish the required bond and/or insurance within five days aŌer receiving noƟce to award a Purchase Order, City may, at its opƟon, determine that the Bidder has abandoned its Bid. The foregoing in no way limits the damages which are recoverable by City whether or not defined elsewhere in the Purchase Order documents.

10 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”). These Social and Economic Policy Requirements can be found in AƩachment 1, City’s Purchase Order Terms, which Bidders are encouraged to carefully review. 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 SolicitaƟon and any Purchase Orders awarded from it.

10.1 NondiscriminaƟon Requirements (“Equal Benefits”)

Proposers awarded any contract exceeding $230,000 (the City’s “Minimum CompeƟƟve Amount”), may not, during the term of the Contract discriminate in the provision benefits between employees with domesƟc partners and employees with spouses, and/or between the domesƟc partners and spouses of such employees, where the domesƟc partnership has been registered with a governmental enƟty pursuant to state or local law authorizing such registraƟon. This Equal Benefits requirement applies in any of the contractor’s operaƟons in San Francisco, on real property owned by San Francisco, or where work is being performed for the City elsewhere in the United States, subject to the condiƟons set forth in San Francisco Labor and Employment Code ArƟcles 131 and 132. Contractors must submit a declaraƟon confirming that the business complies with the Equal Benefits law. The declaraƟon is available via SF City Partner Supplier Portal. Refer to AƩachment 1, City’s Contract Terms for addi onal details related to the applica on of this Ordinance to a contract awarded pursuant to this Solicita on. For more informaƟon, visit the Contract Monitoring Division (CMD) website.

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10.2 Reserved.

10.3 Reserved.

10.4 Reserved.

10.5 First Source Hiring Program

A Bidder selected pursuant to this SolicitaƟon shall comply with all applicable provisions of the First Source Hiring Program, Chapter 83 of the San Francisco AdministraƟve Code. Refer to A achment 1, City’s Purchase Order Terms for addi onal details related to the applica on of this Policy to a Purchase Order awarded pursuant to this Solicita on.

10.6 Sweaƞree Procurement

Reserved.

10.7 Non-Profit EnƟƟes

To receive a contract under this SolicitaƟon, any nonprofit Bidder must be in good standing with the California AƩorney General’s Registry of Charitable Trusts by the Ɵme of contract execuƟon and must remain in good standing during the term of the agreement. Upon request, Bidder must provide documentaƟon to the City demonstraƟng its good standing with applicable legal requirements. If Bidder will use any nonprofit subcontractors to perform the agreement, Bidder will be responsible for ensuring they are also in compliance with all requirements of the AƩorney General’s Registry of Charitable Trusts at the Ɵme of Contract execuƟon and for the duraƟon of the agreement.

10.8 Other Social Policy Provisions

AƩachment 1, City’s Purchase Order Terms, idenƟfies the City’s applicable social policy provisions related to a Purchase Order awarded pursuant to this SolicitaƟon. Bidders are encouraged to carefully review these terms and ensure they are able to comply with them.

11 Terms and CondiƟons for Receipt of Bids

11.1 How to Register to propose and be awarded a City Contract

To submit a proposal for a City contract, all vendors must be registered as a City BIDDER or a SUPPLIER. To be awarded a contract, Proposers must convert their BIDDER ID to a SUPPLIER ID, which requires addiƟonal steps to demonstrate compliance with certain San Francisco supplier requirements.

11.1.1 Registering as a BIDDER to propose on a City contract

Proposers that are not currently a City SUPPLIER must obtain a BIDDER ID by compleƟng the following form on the SF City Partner Portal:

P-696c (04-26) Page 9 of 15 Sourcing Event 0000012144 hƩps://sfcitypartner.sfgov.org/pages/BidderRegistraƟon-BS3/bidder-registraƟon-1.aspx

11.1.2 ConverƟng a BIDDER ID to SUPPLIER ID to be awarded a City contract

To convert a BIDDER ID to a SUPPLIER ID, awarded Proposers are required to register with the City Tax Collector’s Office. AddiƟonally, businesses awarded contracts exceeding $230,000 (the “Minimum CompeƟƟve Amount”) must comply with the City’s Equal Benefits requirements pursuant to Labor and Employment Code ArƟcle 131 and must submit the online Equal Benefits DeclaraƟon through the SF City Partner Portal.

For detailed instrucƟons on registering for City Business Tax, submiƫng an Equal Benefits DeclaraƟon, and for converƟng your BIDDER ID to a SUPPLIER ID visit ContracƟng with the City and County of San Francisco.

City Business Tax RegistraƟon Inquiries: For quesƟons regarding business tax registraƟon procedures and requirements, visit Register a Business | Treasurer & Tax Collector, contact the Tax Collector’s Office at (415) 554-4400 or, if calling from within the City and County of San Francisco, 311.

Equal Benefits Program Inquiries: For quesƟons concerning the San Francisco Labor and Employment Code ArƟcles 131 and 132, go to: www.sfgov.org/cmd.

11.2 Bid QuesƟons and Submissions

11.2.1 Bidder QuesƟons and Requests for ClarificaƟon

Bidders shall address any quesƟons regarding this SolicitaƟon to the Purchase Order Administrator whose name and contact informaƟon appears on the cover page of this SolicitaƟon. Bidders who fail to submit quesƟons concerning this SolicitaƟon and its requirements will waive all further rights to protest based on the specificaƟons and condiƟons herein. QuesƟons must be submiƩed by email to the Purchase Order Administrator whose name and contact informaƟon appears on the cover page of this SolicitaƟon no later than WriƩen QuesƟons Due Date. A wriƩen Addendum will be executed addressing each quesƟon and answer and posted publicly. It is the responsibility of the Bidder to check for any Addenda and other updates that will be posted on the City’s Supplier Portal:

hƩps://sfcitypartner.sfgov.org/pages/Events-BS3/event-search.aspx.

11.2.2 Bid Format

Bids must be submiƩed using the aƩached submission forms or created using word processing soŌware (e.g. MicrosoŌ Word or Excel), typed in a legible font. The document must have page margins of at least .5” on all sides. InformaƟon must be provided at a level of detail that enables effecƟve evaluaƟon and comparison between Bids. Failure to follow formaƫng, submission, or content requirements, as well as page limit restricƟons (if any), may negaƟvely impact the evaluaƟon of your Bid.

11.2.3 Time and Place for Submission of Bids

Prior to the Bid submission deadline, Bidders must upload their complete Bids into the City’s Supplier Portal: hƩps://sfcitypartner.sfgov.org/pages/index.aspx. Late submissions will not be

P-696c (04-26) Page 10 of 15 Sourcing Event 0000012144 considered. Each original Bid received will be screened to ensure that all content required by this SolicitaƟon is included. ParƟal or complete omission of any required content may disqualify Bids from further consideraƟon. Late Bid submissions will not be considered and failure to adhere to the above requirements may result in the complete rejecƟon of your Bid.

Bidders are encouraged to upload their Bids to the SF Supplier Portal as early as possible to address any technical issues that may arise during the submission process. In the event a Bidder is unable to upload its complete Bid into the SF Supplier Portal, Bidder must email its Bid to the Purchase Order Administrator whose name and contact informaƟon appears on the cover page of this SolicitaƟon prior to the Bid submission deadline and request confirmaƟon of receipt. Bidder must include in its email: (a) documentaƟon (e.g. screenshots) verifying its inability to upload its Bid into the SF Supplier Portal and (b) a detailed jusƟficaƟon explaining why it was not able to have the issue addressed prior to the submission deadline.

11.3 Bid Addenda

The City may modify this SolicitaƟon, prior to the Bid Due Date, by issuing an Addendum to the SolicitaƟon, which will be posted on the San Francisco Supplier Portal. Every Addendum will create a new version of the Sourcing Event and Bidders must monitor the event for new versions. The Bidder shall be responsible for ensuring that its Bid reflects any and all Addenda issued by the City prior to the Bid Due Date regardless of when the Bid is submiƩed.

Therefore, the City recommends that the Bidder consult the website frequently, including shortly before the Bid Due Date, to determine if the Bidder has downloaded all SolicitaƟon Addenda. It is the responsibility of the Bidder to check for any Addenda, QuesƟons and Answers documents, and updates, which may be posted to the subject SolicitaƟon.

THE SUBMITTAL OF A RESPONSE TO THIS SOLICITATION SHALL EXPLICITLY STIPULATE

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

ADDENDA ISSUED TO THIS SOLICITATION, AND CITY’S PURCHASE ORDER TERMS.

11.4 Public Disclosure

All documents under this solicitaƟon process are subject to public disclosure per the California Public Records Act (California Government Code § 7920.000 et seq.) and the San Francisco Sunshine Ordinance (San Francisco AdministraƟve Code Chapter 67). Contracts, Bids, responses, and all other records of communicaƟons between the City and Bidders shall be open to inspecƟon immediately aŌer a Purchase Order has been awarded. Nothing in this AdministraƟve Code provision requires the disclosure of a private person’s or organizaƟon’s net worth or other proprietary financial data submiƩed for qualificaƟon for a Purchase Order or other benefit unƟl and unless that person or organizaƟon is awarded the Purchase Order or benefit.

If the City receives a Public Records Request (“Request”) pertaining to this solicitaƟon, City will use its best efforts to noƟfy the affected Bidder(s) of the Request and to provide the Bidder with an opportunity to object to disclosure of the material requested by the due date for disclosure (“Response Date”). If the Bidder asserts that some or all of the material requested contains or reveals valuable trade secret or other informaƟon belonging to the Bidder that is exempt from disclosure and directs the City in wriƟng to withhold such material from producƟon

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(“Withholding DirecƟve”), then the City will comply with the Withholding DirecƟve on the condiƟon that the Bidder seeks judicial relief on or before the Response Date. Should Bidder fail to seek judicial relief on or before the Response Date, the City shall proceed with the disclosure of responsive documents.

11.5 LimitaƟon on CommunicaƟons During SolicitaƟon

From the date this SolicitaƟon is issued unƟl the date the compeƟƟve process of this SolicitaƟon is completed (either by cancelaƟon or final Award), Bidders and their subcontractors, vendors, representaƟves and/or other parƟes under Bidder’s control, shall communicate solely with the Purchase Order Administrator whose name appears in this SolicitaƟon. Any aƩempt to communicate with any party other than the Purchase Order Administrator whose name appears in this SolicitaƟon – including any City official, representaƟve or employee – is strictly prohibited. Failure to comply with this communicaƟons protocol may, at the sole discreƟon of City, result in the disqualificaƟon of the Bidder or potenƟal Bidder from the compeƟƟve process. This protocol does not apply to communicaƟons with the City regarding business not related to this SolicitaƟon.

11.6 Bid SelecƟon Shall Not Imply Acceptance

The acceptance and/or selecƟon of any Bid(s) shall not imply acceptance by the City of all terms of the Bid(s), which may be subject to further approvals before the City may be legally bound thereby.

11.7 Cybersecurity Risk Assessment

The following Third-Party Audit Reports can be used to saƟsfy CCSF’s Cybersecurity Risk Assessment requirement:

SOC 2 Type 2

ISO/IEC 27001

CSA STAR Level 2

FedRAMP

StateRAMP

HITRUSTCSF – products or services that primarily relate to the Healthcare industry ONLY.

PCI DSS Level 1 – products or services that primarily relate to the Payment Processing industry ONLY.

NIST 800-53

In addiƟon to the Third-Party Audit Reports menƟoned above, City and County of San Francisco’s CRA requirement can also be saƟsfied by providing a completed CAIQ Lite QuesƟonnaire or compleƟng the City’s CRA QuesƟonnaire in the City’s LogicGate portal.

The above reports may be requested at such Ɵme City has selected or is considering a potenƟal Bidder. The reports will be evaluated by the soliciƟng Department and the City’s Department of Technology to idenƟfy exisƟng or potenƟal cyber risks to City. Should such risks be idenƟfied, City may afford a potenƟal Bidder an opportunity to cure such risk within a period of Ɵme deemed reasonable to City. Such remediaƟon and conƟnuing compliance shall be subject to

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City’s on-going review and audit through industry-standard methodologies, including but not limited to: on-site visits, review of the enƟƟes’ cybersecurity program, penetraƟon tesƟng, and/or code reviews.

11.8 SolicitaƟon Errors and Omissions

Bidders are responsible for reviewing all porƟons of this SolicitaƟon. Bidders are to promptly noƟfy the City, in wriƟng and to the SolicitaƟon contact person if the Bidder discovers any ambiguity, discrepancy, omission, or other error in the SolicitaƟon. Any such noƟficaƟon should be directed to the City promptly aŌer discovery, but in no event later than the deadline for quesƟons. ModificaƟons and clarificaƟons will be made by Addenda as provided below.

11.9 ObjecƟons to SolicitaƟon Terms

Should a Bidder object on any ground to any provision or legal requirement set forth in this SolicitaƟon, the Bidder must, no later than the deadline for quesƟons, provide wriƩen noƟce to the City seƫng forth with specificity the grounds for the objecƟon. The failure of a Bidder to object in the manner set forth in this paragraph shall consƟtute a complete and irrevocable waiver of any such objecƟon.

11.10 Protest Procedures

11.10.1 Protest of Non-Responsiveness DeterminaƟon

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

11.10.2 Protest of Non-Responsible DeterminaƟon

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

11.10.3 Protest of Purchase Order Award

Within three (3) business days of the City's issuance of a NoƟce of Intent to Award, a Bidder may submit a wriƩen NoƟce of Protest of Purchase Order Award. The NoƟce of Protest must include a wriƩen statement specifying in detail each and every one of the grounds asserted for the protest. The NoƟce of Protest must be signed by an individual authorized to represent the

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Bidder, and must cite the law, rule, local ordinance, procedure or SolicitaƟon provision on which the protest is based. In addiƟon, the NoƟce of Protest must specify facts and evidence sufficient for the City to determine the validity of the protest.

11.10.4 Delivery of Protests

A NoƟce of Protest must be wriƩen. Protests made orally (e.g., by telephone) will not be considered. A NoƟce of Protest must be delivered by mail or email to the Purchase Order Administrator whose name and contact informaƟon appears on the cover page to this SolicitaƟon and received by the due dates stated above. A NoƟce of Protest shall be transmiƩed by a means that will objecƟvely establish the date the City received the NoƟce of Protest. If a NoƟce of Protest is mailed, the protestor bears the risk of non-delivery within the deadlines specified herein.

11.11 Bid Term

Submission of a Bid signifies that the offered products, services and prices are valid for 180 calendar days from the Bid Due Date and that the quoted prices are genuine and not the result of collusion or any other anƟ-compeƟƟve acƟvity. At Bidder’s elecƟon, the Bid may remain valid beyond the 180-day period in the circumstance of extended negoƟaƟons.

11.12 Revision to Bid

A Bidder may revise a Bid on the Bidder’s own iniƟaƟve at any Ɵme before the deadline for submission of Bids. The Bidder must submit the revised Bid in the same manner as the original.

A revised Bid must be received on or before, but no later than the Bid Due Date and Ɵme. In no case will a statement of intent to submit a revised Bid, or commencement of a revision process, extend the Bid Due Date for any Bidder. At any Ɵme during the Bid evaluaƟon process, the City may require a Bidder to provide oral or wriƩen clarificaƟon of its Bid. The City reserves the right to make an award without further clarificaƟons of Bids received.

11.13 Bid Errors and Omissions

Failure by the City to object to an error, omission, or deviaƟon in the Bid will in no way modify the SolicitaƟon or excuse the Bidder from full compliance with the specificaƟons of this SolicitaƟon or any Purchase Order awarded pursuant to this SolicitaƟon.

11.14 Financial Responsibility

The City accepts no financial responsibility for any costs incurred by a Bidder in responding to this SolicitaƟon. Bidders acknowledge and agree that their submissions in response to this SolicitaƟon will become the property of the City and may be used by the City in any way deemed appropriate.

11.15 Bidder’s ObligaƟons under the Campaign Reform Ordinance

If a Purchase Order awarded pursuant to this SolicitaƟon has (A) a value of $100,000 or more in a fiscal year and (B) requires the approval of an elected City official, Bidders are hereby advised:

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1. Submission of a Bid in response to this SolicitaƟon may subject the Bidders to restricƟons under Campaign and Governmental Conduct Code SecƟon 1.126, which prohibits City contractors, Bidders, and their affiliates from making poliƟcal contribuƟons to certain City elecƟve officers and candidates; and

2. Before submiƫng a Bid in response to this SolicitaƟon, Bidders are required to noƟfy their affiliates and subcontractors listed in the awarded Purchase Order or Bid of the poliƟcal contribuƟon restricƟons set forth in Campaign and Governmental Conduct Code secƟon 1.126.

This restricƟon applies to the party seeking the Purchase Order, the party’s board of directors, chairperson, chief execuƟve officer, chief financial officer, chief operaƟng officer, any person with an ownership interest greater than ten percent, and any poliƟcal commiƩees controlled or sponsored by the party, as well as any subcontractors listed in the awarded Purchase Order or Bid. The law both prohibits the donor from giving contribuƟons and prohibits the elected official from soliciƟng or accepƟng them.

The people and enƟƟes listed in the preceding paragraph may not make a campaign contribuƟon to the elected official at any Ɵme from the submission of a Bid for a Purchase Order unƟl either: (1) negoƟaƟons are terminated and no Purchase Order is awarded; or (2) twelve months have elapsed since the award of the Purchase Order .

A violaƟon of SecƟon 1.126 may result in criminal, civil, or administraƟve penalƟes. For further informaƟon, Bidders should contact the San Francisco Ethics Commission at (415) 252-3100 or go to hƩps://sfethics.org/compliance/city-officers/city-contracts/city-departments/noƟfying-bidders-and-potenƟal-bidders.

11.16 ReservaƟons of Rights by the City

The issuance of this SolicitaƟon does not consƟtute a guarantee by the City that a Purchase Order will be awarded or executed by the City. The City expressly reserves the right at any Ɵme to:

(A) Waive or correct any defect or informality in any response, Bid, or Bid procedure;

(B) Reject any or all Bids;

(C) Reissue the SolicitaƟon;

(D) Prior to submission deadline for Bids, modify all or any porƟon of the selecƟon procedures, including deadlines for accepƟng responses, the specificaƟons or requirements for any materials, equipment or services to be provided under this SolicitaƟon, or the requirements for contents or format of the Bids;

(E) Procure any materials, equipment or services specified in this SolicitaƟon by any other means; or

(F) Determine that the subject goods or services are no longer necessary.

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11.17 No Waiver

No waiver by the City of any provision of this SolicitaƟon shall be implied from the City’s failure to recognize or take acƟon on account of a Bidder’s failure to comply with this SolicitaƟon.

11.18 Other

1) The City may make such invesƟgaƟon, as it deems necessary, prior to the award of this Purchase Order to determine the condiƟons 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 condiƟon set forth in this SolicitaƟon;

b. Adequacy of Proposer’s faciliƟes and/or equipment, locaƟon and personnel to supply the goods to be delivered or properly perform all services required under the anƟcipated Purchase Order; and

c. Delivery Ɵme(s).

2) City reserves the right to inspect an awarded Bidder’s place of business prior to award of and/or at any Ɵme during the Purchase Order term (or any extension thereof) to aid City in determining an awarded Bidder’s capabiliƟes and qualificaƟons.

3) Failure to Ɵmely accept a Purchase Order, or to furnish any and all insurance cerƟficates and policy endorsements, surety bonds or other materials required in the Purchase Order, shall be deemed an abandonment of a Purchase Order offer. The City, in its sole discreƟon, may select another Bidder and may proceed against the original selectee for damages.

4) City reserves the right to reject any Bid on which the informaƟon submiƩed by Bidder fails to saƟsfy City and/or if Bidder is unable to supply the informaƟon and documentaƟon required by this SolicitaƟon within the period of Ɵme requested.

5) Any false statements made by a Bidder or any related communicaƟon/clarificaƟon may result in the disqualificaƟon of its Bid from receiving further evaluaƟon and a Purchase Order award.