This request for proposal (RFP) does not commit SACOG to award a contract, to pay any costs incurred in the preparation of proposals in response to this request, or to procure or contract for services or supplies. SACOG expressly reserves the right to reject any and all proposals or to waive any irregularity or informality in any proposal or in the RFP procedure and to be the sole judge of the responsibility of any proposer and of the suitability of the materials and/or services to be rendered. SACOG reserves the right to withdraw this RFP at any time without prior notice. Further SACOG reserves the right to modify the RFP schedule described above.
Until award of a contract, the proposals shall be held in confidence and shall not be available for public review. No proposal shall be returned after the date and time set for the opening thereof. All proposals become the property of SACOG. Upon award of a contract to the successful proposer, all proposals shall be public records.
All finalists may be required to participate in negotiations and submit such price, technical, or other revisions of their proposals as may result from negotiations. However, each initial proposal should be submitted on the most favorable terms from a price and a technical viewpoint.
The SACOG Board of Directors will award the contract.
Any changes to the RFP requirements will be made by addenda issued by SACOG via the SACOG Bidding Portal (https://secure.procurenow.com/portal/sacog) and shall be considered part of the RFP. Upon issuance, such addenda shall be incorporated in the agreement documents, and shall prevail over inconsistent provisions of earlier issued documentation.
No prior, current, or post award verbal conversations or agreement(s) with any officer, agent, or employee of SACOG shall affect or modify any terms or obligations of the RFP, or any contract resulting from this RFP.
Precontractual expenses include any expenses incurred by proposers and selected contractor in:
In any event, SACOG shall not be liable for any precontractual expenses incurred by any proposer or selected contractor. Proposers shall not include any such expenses as part of the price proposed in response to this RFP. SACOG shall be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by, or on behalf of, any person or organization responding to this RFP.
The proposal will also provide the following information: name, title, address and telephone number of individual with authority to bind the consultant or consultant firm and also who may be contacted during the period of proposal evaluation. The proposal shall be signed by an official authorized to bind the consultant or consulting firm and shall contain a statement to the effect that the proposal is a firm offer for at least a sixty (60) day period. Execution of the contract is expected by September 2019.
The successful consultant is expected to execute a contract similar to SACOG’s Standard Agreement, which meets all State and/or Federal requirements. A copy of SACOG’s Standard Agreement is attached as an Exhibit.
The contract will be an agreement between SACOG and the consultant. SACOG will provide contract administration services.
It is the policy of SACOG, the California Department of Transportation (“Caltrans”), and the U.S. Department of Transportation that Disadvantaged Business Enterprises (“DBE’s”) shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. DBE’s are for-profit small business concerns as defined in Title 49, Part 26.5, Code of Federal Regulations (“CFR”). It is also the policy of SACOG to practice non-discrimination based on race, color, national origin, or sex in the award or performance of this contract. All consulting firms qualifying under this solicitation are encouraged to submit proposals, including those who qualify as a DBE. The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this request for proposals and contract.
The term “Disadvantaged Business Enterprise” or “DBE” means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5. The term “Small Business” or “SB” is as defined in 49 CFR 26.65.
It is strongly encouraged that DBEs and other small businesses are considered to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”). The proposing Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.
If there is a DBE goal on the contract, Exhibit 10-O1 Consultant Proposal DBE Commitment must be included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards the contract goal; therefore, all DBE participation shall be collected and reported.
Exhibit 10-O2 Consultant Contract DBE Information must be included with the Request for Proposal. Even if no DBE participation will be reported, the successful proposer must execute and return the form.
The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.
A DBE Contract Goal of 15% has been established for this contract. The proposing consultant must make good faith efforts, as defined in Appendix A, 49 CFR Part 26, to meet the Contract Goal for DBE participation in this contract.
The proposing consultant and its subcontractor(s) must agree to ensure that DBEs have had the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the consultant and its subcontractor(s) shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the maximum opportunity to compete for and perform contracts. The consultant and its subcontractor(s) shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of the contract.
See the "How to Respond" section for a listing of DBE information which must be included in each proposal.
The consultant must agree to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (49 USC 2000d) and the regulations of the U.S. Department of Transportation issued thereunder in 49 CFR Part 21.
In connection with the performance of the contract, the consultant shall not unlawfully discriminate, harass, or allow harassment, against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religion, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age or marital status. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
All proposers will be notified of the results of the technical evaluation and which proposers, if any, appeared for oral interviews.
Any bid protests are subject to SACOG’s adopted bid protest procedure. To obtain a copy of SACOG’s bid protest procedure please contact the Contracts Coordinator.
Funding for the consultant services will be provided by SACOG.
The consultant will invoice SACOG for services rendered and SACOG will compensate the consultant for these services as set forth in the agreement.
The consultant will be paid in arrears, based upon the payment schedule agreed to in the contract. The consultant should forward a copy of all invoices for payment for work performed and associated expenses by the 15th day of the following month. At SACOG’s discretion, SACOG may withhold ten percent (10%) of the payments until the successful completion of the project and the delivery and acceptance of all final products.