Puc Pro 0182
Puc Pro 0182
Puc Pro 0182
2/25/2021
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5.2.6 TEAM MEMBERS.....................................................................................................................................28
5.2.7 TEAM ORGANIZATION CHART.................................................................................................................29
5.2.8 OVERHEAD AND PROFIT SCHEDULE.......................................................................................................29
SUNSHINE ORDINANCE.................................................................................................................... 49
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CHAPTER 14B LOCAL BUSINESS ENTERPRISE SUBCONSULTING PARTICIPATION REQUIREMENTS AND GOOD
FAITH OUTREACH REQUIREMENTS ..................................................................................................... 51
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1 RFP Summary
Introduction
The San Francisco Public Utilities Commission (SFPUC, or “Department”), a department of the
City and County of San Francisco (“City”), seeks to retain the services of a qualified Proposer 1 to
provide electrical engineering planning, design, and engineering support during construction
services for the Water Enterprise and Hetch Hetchy Capital Improvement Programs for
switchyards, substations, powerhouses, and other related facilities associated with Hetch
Hetchy. The selected Proposer (“Consultant”) may also be called upon to provide other related
services during the term of the Professional Services Agreement (“Agreement”).
The SFPUC seeks to select a Proposer with proven expertise and extensive experience, as
specified in Section 4.
The anticipated total amount and duration of the Professional Services Agreement
(“Agreement”) are as follows:
The Agreement amount is inclusive of all reimbursable costs and all optional tasks. The SFPUC
reserves the right to commence, close, reduce, or extend Proposer services at any time in
response to changing needs. The SFPUC shall have the sole discretion to extend the Agreement
term for up to a total of eleven (11) years (or 132 months) and may increase the contract
amount, consistent with City requirements.
The SFPUC may incorporate the Task Descriptions set forth herein into the Agreement as the
applicable scope of services. The SFPUC will incorporate the Overhead and Profit Schedule’s
(OPS) billing rates provided by the Consultant as part of its proposal into the Agreement. The
terms of the Agreement, including the overhead and profit rate and billing rates listed in the
submitted OPS, will be non-negotiable.
The SFPUC may post additional information relating to the RFP on the SFBid website after
issuance of the RFP. Proposers are responsible for consulting the SFBid website regularly for
these updates.
1 “Proposer” refers to any entity responding to this Request for Proposals (RFP).
Pre-Submittal Conference
Pre-submittal conference information:
Time: 2:00 PM
Date: 3/11/2021
Location: TEL # 650-963-5767 Meeting ID 269431078, TEL # 408-419-1715 Meeting ID
269431078
The SFPUC encourages attendance at the pre-submittal conference. The SFPUC will address
questions regarding the RFP at this conference and provide any new information at that time.
While City staff may provide oral clarifications, explanations, or responses to any inquiries, the
City will not be bound by any oral representation. If the City provides any new and/or
substantive information in response to questions raised at the pre-submittal conference, the
SFPUC will be memorialize the information in a written addendum to this RFP.
The SFPUC highly recommends Prime Proposer’s attendance at the pre submittal conference
as one of the good faith steps under the City’s Administrative Code Chapter 14B “Good Faith
Outreach” requirements. If the Contract Monitoring Division (CMD) has assigned a Local
Business Enterprise (LBE) participation requirement, see Section 9.1, “LBE Subconsultant
Participation Requirements”.
The SFPUC will provide any interpretation of, or make any change in, the RFP by addendum,
which will become a part of the RFP and of any Agreement that the SFPUC awards. The SFPUC
Please refer to Sections 8.2 and 8.3 for more information regarding RFP inquiries and
addenda/change notices.
Diversity in Contracting
This contacting opportunity is subject to compliance with the City’s Administrative Code
Chapter 14B Local Business Enterprise (LBE) subcontracting requirements. In addition, the
SFPUC seeks to promote diversity within its contracting opportunities. The SFPUC also seeks to
further optimize the use of consultant teams that reflect the diversity of the City and County of
San Francisco. As such, is the SFPUC recommends that Proposers consider the composition of
their teams in terms of gender, age, ethnicity, and race, and utilize teams that include a diverse
mix of staff at all organizational levels.
Note that the SFPUC's encouragement of diversity will not affect the evaluation of proposals for
this RFP. Criteria for evaluation is limited to the factors described in the Evaluation and
Selection Criteria section of this RFP (Section 6).
Limitations on Communications
From the earlier of either 1) the publication of this RFP on the SFPUC’s Contract Advertisement
Report, or 2) the date this RFP is issued, until completion of the competitive process of this RFP,
either by cancelation or by final action of the San Francisco Public Utilities Commission,
Proposers, subconsultants, vendors and/or their representatives or other interested parties,
may communicate with the SFPUC only as instructed in this RFP.
The SFPUC strictly prohibits any attempt to communicate with or solicit any City official,
representative or employee, except as instructed in this RFP. Failure to comply with this
communications protocol may, at the sole discretion of the SFPUC, result in the disqualification
of the Proposer or potential Proposer from the competitive process. This protocol does not
apply to communications with the City regarding business not related to this RFP.
Conflicts of Interest
The City will require the Consultant to agree to comply fully with and be bound by all applicable
provisions of state and local law related to conflicts of interest. The SFPUC advises Proposers to
review Section 12 of this RFP carefully before submitting a proposal.
• Serve San Francisco and its Bay Area customers with reliable, high quality, and
affordable water, while maximizing benefits from power operations and responsibly
managing the resources entrusted to its care;
• Protect public health, public safety, and the environment by providing reliable and
efficient collection, treatment, and disposal of San Francisco’s wastewater;
• Conduct its business affairs in a manner that promotes efficiency, minimizes waste, and
ensures rate payer confidence; and
• Promote diversity and the health, safety, and professional development of its
employees.
The SFPUC is comprised of three separate enterprises. The Water Enterprise is responsible for
managing the transmission, treatment, storage, and distribution of potable water to San
Francisco’s wholesale and retail customers. The Wastewater Enterprise is responsible for
managing the collection, treatment, and disposal of San Francisco’s wastewater. The Power
Enterprise is responsible for managing retail power sales, transmission and power scheduling,
energy efficiency programs, street lighting services, utilities planning for redevelopment
projects, energy resource planning efforts, and various other energy services.
With regard to the SFPUC Divisions, External Affairs provides Communications and Outreach
services, Business Services oversees all financial and accounting matters for the entire SFPUC,
and Infrastructure delivers capital improvement programs.
SFPUC Policies
The SFPUC has adopted several policies that reflect the agency’s commitment to sustainability
and environmental stewardship, environmental justice, community benefits, and innovative
technologies. Proposers must demonstrate an ability to comply with and advance the following
policies:
The Hetch Hetchy watershed, an area located within Yosemite National Park, is the major
source of water for all of San Francisco’s water needs. Spring snowmelt runs down the
Tuolumne River and fills Hetch Hetchy, the largest reservoir in the Hetch Hetchy water system.
This surface water in the Hetch Hetchy Reservoir is treated, but not filtered because it is of such
high quality.
The HHWP (Hetch Hetchy Water and Power) Division is the division responsible for operating,
managing, and maintaining the HWWP system and facilities. This includes water facilities from
Hetch Hetchy Reservoir, located in Yosemite National Park, down to Alameda East Portal,
located in Sunol Valley and power generation and transmission facilities located from Early
Intake Diversion Dam to Newark. The HHWP Water Division operates, manages, and maintains
three impoundment reservoirs, three(3) regulating reservoirs, four(4) powerhouses, one(1)
switchyard, three(3) substations, 170 miles of pipeline and tunnels, almost 50 miles of paved
road, over 160 miles of transmission lines, watershed land, and right-of-way property. The
HHWP Water Division provides 85 percent of the San Francisco Public Utilities Commission
(SFPUC) water supply for 2.7 million residential commercial, and industrial customers in
Alameda, Santa Clara, San Mateo, and San Francisco counties. On average, the HHWP Water
Division generates about 1,650 gigawatt hours (GWH) of clean hydroelectric power annually.
HHWP Division is based in Moccasin, CA, 140 miles east of San Francisco, CA. The region spans
across San Joaquin, Stanislaus, Tuolumne, and Mariposa Counties. The general extent of the
proposed work of the region is east of the Coast Range Tunnel as depicted in Figure 1, a
Location Map on the following page.
Background Documents
Various background documents are available and found in Appendix L. Below is a list of what is
believed to be the most pertinent documents, however additional background material is
available upon request.
• Moccasin Powerhouse Replacement Project, Hetch Hetchy Water Supply Contract No.
382, Volume III Drawings dated November 1966
3 Scope of Services
Description of Services
The SFPUC is issuing this RFP for the purpose of selecting and entering into an agreement with a
professional services consultant to provide electrical engineering planning, design, and
engineering support during construction services.
The primary role of the Consultant will be to perform the following tasks, including but not
limited to:
1. Electrical Engineering
2. Civil Engineering
3. Mechanical Engineering
4. Structural Engineering
5. Architectural Design
6. Geotechnical/Geologic Engineering
7. Construction Traffic Control Services
8. Cost Estimating
9. Scheduling
10. Utilities Mapping and Coordination
11. Photogrammetry/Surveys
12. Fire Protection Engineering
13. Quality Assurance Review
14. Peer Review/Independent Technical Review
The Consultant will work under the direction of the SFPUC to provide planning and engineering
design services for electrical engineering projects identified within the Hetch Hetchy and Water
Enterprise Capital Improvement Projects (HH & WE CIPs). Some assignments may require
SFPUC engineering staff to be integrated into the Consultant project team. The Consultant work
objective will be to perform planning and engineering design services applying all SFPUC
procedures and regulatory requirements/guidelines administered by applicable codes. SFPUC
anticipates the projects to pertain to the Moccasin Powerhouse, the Warnerville Substation,
the Moccasin Switchyard, and other related Hetch Hetchy facilities. The projects may be
replacement, rehabilitation or upgrades of existing powerhouses, substations, switchyards, and
related services.
The Consultant shall have experience and expertise in: the planning and detailed design of high
voltage (230 to 115 kV) and medium voltage (≥12 kV) power systems; the planning and design
of protective relays (demand load studies, short circuit studies, arc flash studies, etc. ); and
mechanical, structural, civil, and architectural design to support new equipment installation or
modifications to existing facilities.
The Consultant must demonstrate sufficient expertise and depth of staff capabilities to support
the design for electrical engineering projects under tight schedule constraints and despite other
work that the firm may be performing at the same time.
The projects may be located in one or several different counties: San Joaquin, Stanislaus, Tuolumne,
and Mariposa.
The SFPUC reserves the right to commence, close, reduce or extend Consultant’s services at any
time in response to changing needs. In addition, the SFPUC shall have the sole discretion to
extend the Agreement term for up to an additional three (3) years, for a total of eleven (11)
years (or 132 months).
Project Descriptions
The SFPUC has developed a preliminary scope of work for the various electrical engineering projects
that it expects to be performed under the Agreement. However, the scope of services described for
each project is not a complete listing of all services that may be required. The primary role of the
Consultant will be to provide planning and engineering design services. The Consultant may perform
engineering planning and/or design for a portion of a project or for an entire project. The SFPUC, in
its sole discretion, may select Consultant for all, portions, or none of the work described below.
SFPUC’s Engineering Management Bureau (EMB) will determine the scope of work and schedule with
engineering services are needed.
Services on any project may include preparation of Needs Assessment Report (NAR), Alternative
Analysis Report (AAR), Design Criteria Report (DCR), Conceptual Engineering Report (CER), Detailed
Design, and Engineering Support During Construction as well as other miscellaneous services such as
environmental support and post-construction monitoring. Liaising with the City and City Design
Teams is an essential part of the Consultant work.
Scope of work
The Consultant will review all pertinent reference information for the project and provide
design engineering support as authorized by the SFPUC. Potential work elements may include
condition assessment, demand load study, short circuit / coordination / arc flash study, utility
location, potholing, corrosion assessment, architectural impact assessment, AAR, CER, Design
Criteria, and electrical, mechanical, structural, and architectural design for new equipment
installation.
Scope of work
The Consultant will review all pertinent reference information for the project and provide
design engineering support as authorized by the SFPUC. Potential work elements may include
condition assessment, short circuit and coordination study, grounding study, utility location,
potholing, corrosion assessment, CER, Design Criteria, and electrical and structural design for
new equipment installation.
Scope of work
The Consultant will review all pertinent reference information for the project and provide
design engineering support as authorized by the SFPUC. Potential work elements may include
condition assessment, demand load study, short circuit / coordination / arc flash study, ground
study, fault study, utility location, potholing, corrosion assessment, architectural impact
assessment, AAR, CER, Design Criteria, and electrical, mechanical, structural, and architectural
design for new equipment installation.
A. Electrical Engineering: Planning, design, and analysis for providing high voltage (230 to 115
kV) and medium voltage (≥12 kV) power system designs and protective relay designs
(demand load studies, short circuit studies, arc flash studies, etc.).
B. Civil Engineering: Planning and design for right-of-ways (ROW), easements, site grading and
roads, and ductbank design.
C. Mechanical Engineering: Planning, design and analysis for mechanical equipment related to
the electrical rehabilitation or upgrade work such as cooling water piping or oil/water
separation system.
D. Structural Engineering: Design and analysis of equipment foundations, anchorage of
equipment, and potential seismic upgrade and retrofit to the current codes and standards.
E. Architectural Design: Design and analysis to meet DBI requirements for occupied spaces,
design of perimeter wall/fencing, and leading/participating in Civic Design reviews.
The following tasks are optional. Work on these tasks shall not be initiated without prior
authorization from Department staff.
General Obligations
This section applies in full when the Consultant is asked to provide “standard engineering design”
(i.e., Consultant assumes lead designer role) and it applies as appropriate when Consultant is
asked to contribute to SFPUC designs (i.e., SFPUC assumes lead designer role). All documents
generated by the Consultant as part of the projects included in this RFP must be in conformance
with SFPUC standards and formats. For example, specification sections shall be prepared in
Consultant must submit all deliverables in twenty (20) bound and one (1) unbound hard copies
(drawings shall be half sized) and one (1) digital copy supplied on a CD, unless otherwise specified.
For the 100% (final) submittal, Consultant must also include one (1) reproducible master set of
the construction documents and one (1) vellum set. All digital deliverables shall be in the latest
version of the applicable software, shall include all documents in both native and PDF file format,
and shall be uploaded to SFPUC-designated SharePoint site. Native file format for drawings and
specifications shall be AutoCAD and MS Word, respectively. SFPUC will also periodically request
progress prints for all deliverables, to be uploaded to SFPUC-designated SharePoint site.
Specifications shall be searchable in PDF format.
SFPUC staff will review Consultant’ work product with possible consultation from a Technical
Advisory Panel comprised of independent experts and/or consultants. Consultant shall provide
responses to review comment logs for all deliverables.
Based on the overall CEQA evaluation (performed by others), incorporate all applicable
environmental mitigation requirements within the project boundaries in the design and
construction contract documents (plans and specifications). Include as appropriate language to
ensure construction contractor compliance with mitigation requirements contained in
environmental review and permit documents.
All final drawings, specifications, and calculations produced by the Consultant must be stamped
by professional engineers licensed in the State of California.
A. Meetings
Field investigations will be required to assess existing site conditions that may impact the
design and installation of new equipment. Field investigations will need to include
identification of all circuits that may be impacted by the design. SFPUC Maintenance staff
will be assigned to facilitate the investigation. A written assessment of the existing
conditions shall be a deliverable for this task.
B. Presentations
Attend and participate in progress presentations at the conclusion of the AAR, CER, 35%,
65%, and 95% design milestones, as required Alternatives Analysis Report
D. Design Criteria
• Project baseline scope of work (i.e. scope of work agreed upon before the
Conceptual Engineering phase)
• Operational and maintenance requirements
• Specific site conditions
• Extent of the design
• Federal, state, and local codes and regulations
• Industry and SFPUC standards
• Methodologies (including software) to be used for design
• Geotechnical Investigation reports, site conditions and site history
• Inter-discipline requirements
• Construction sequence, system shutdown, and startup considerations
• Safety and reliability
• Program-wide criteria documents, such as the Seismic Design Criteria
E. 35% Design
• Definition of the facility sufficient to identify all major elements required, and the
verification of feasibility of the design
• Potholing to confirm existing facilities and utility search/confirmation, if needed
• Identification of transportation routes and materials handling, staging areas.
• Identification of any road and/or utility relocations
• Summary of design approach, and identification of design issues
• Drawings, in conformance with SFPUC standards
• Specifications list
• Construction schedule, including critical path activities
• AACE Class 3 opinion of probable construction cost. The 35% opinion of probable cost
will be used as a baseline for monitoring design development impacts
• Updated risk register with recommendations for risk mitigation, as applicable
• Response to review comments
F. 65% Design
• Documents shall incorporate SFPUC and project team comments from 35% submittal
• Integration of drawings and specifications with those produced by SFPUC design team,
including appropriate drawing numbers, match lines, and cross referencing on all
drawings
• Drawings
• Specifications
• Bid item descriptions including method of payment to integrate with SFPUC standard
descriptions
• Studies and calculations
• AACE Class 2 opinion of probable construction cost
• Construction schedule, including critical path activities
• Updated risk registers with recommendations for risk mitigation, as applicable
• Response to review comments
G. 95% Design
Consultant shall prepare documents addressing the following topics:
• Documents shall incorporate SFPUC and project team comments from 65% submittal
• Incorporation of design interfaces and coordination issues relevant to designs
performed by the SFPUC
• Drawings
• Specifications
• Studies and calculations
• AACE Class 2 opinion of probable construction cost
• Construction schedule, including critical path activities
• Completion of construction documents and packages for integration with contract
plans/drawings and specifications produced by the SFPUC Design Team. The package
shall be ready for stamping and signatures by the Engineer of Record and for review by
SFPUC contract preparation staff.
• Assist SFPUC staff in preparation of Division 00 and 01
• Updated risk registers with recommendations for risk mitigation, as applicable
• Response to review comments
H. 100% Design
Consultant shall prepare 100% design documents meeting the following criteria:
• Finalized, signed and wet stamped plans and specifications inclusive of all comments
Provide engineering support services during the bidding period, including attending pre-bid
conference, providing written responses to bidder’s questions on bid documents (QBD),
preparing addenda to contract documents, and assisting SFPUC in the analysis and
evaluation of bids.
Provide engineering support during construction and close-out for the aforementioned
projects, in a timely manner per SFPUC Infrastructure procedures, including:
Note: Proposer may not cite as a reference project, nor may the selection panel consider,
Proposer’s prior work on SFPUC’s Warnerville Substation, Moccasin Powerhouse, or Moccasin
Switchyard facilities or related planning studies to establish its experience or qualifications in
the competitive process.
To qualify as a Prime Proposer or Lead JV Partner for this Agreement, a Proposer must possess
at a minimum the following qualifications:
AND
• Demonstrated experience in a lead role as the Lead Electrical Designer for at least
one (1) design-completed project for high voltage (230 to 115 kV) power systems
with protective relay design work.
To qualify as a Non-Leading JV Partner for this Agreement, a Proposer must possess the
following qualifications:
• A minimum of ten (10) years in business performing planning and design of high
(230 to 115 kV) and medium voltage (≥12 kV) power systems and protective relay
AND
• Demonstrated experience as the Lead Electrical Designer for at least one (1) design-
completed project for high voltage (230 to 115 kV) power systems with protective
relay design.
Subconsultant Qualifications
To qualify as a Subconsultant that will provide technical services described in this RFP, the
Subconsultant(s) must possess the following:
• Subconsultant must have been in business a minimum of five (5) years performing
one(1) of the technical fields required under the scope of services (e.g.,
geotechnical/geologic engineering, structural, civil, traffic/transportation, mechanical,
electrical, surveying, architectural design, fire protection, cost estimating, scheduling
and others); OR
• Subconsultant must (i) have been in business a minimum of two (2) years performing
one of the technical fields required under the scope of services (e.g.,
geotechnical/geologic engineering, structural, civil, traffic/transportation, mechanical,
electrical, surveying, architectural design, fire protection, cost estimating, scheduling
and others) AND (ii) have a principal or partner with at least fifteen (15) years
professional design experience in that field. The two-year "in business" and the fifteen-
year principal/partner experience requirements, set forth above, are separate and
distinct; one cannot be substituted for the other. The City will credit any relevant
experience of a subconsultant firm's principal, partner, or principal officer(s) responsible
for making significant administrative and business decisions on behalf of the firm only if:
(i) the individual is not designated to fill a "key" employee/person role identified in
Section 4.3, below; (ii) the proposer demonstrates, to the satisfaction of the City, that
the individual's prior experience with another firm/entity is predictive of the proposer's
and subconsultant's performance under this Agreement based on the individual's
present management/supervisory role with the subconsultant firm and the individual's
anticipated involvement in the management/supervision of the services under this
Agreement; and (iii) the individual has been employed by or associated with (i.e., as an
The SFPUC does not require non-technical Subconsultants (e.g., reprographics) to meet the
Subconsultant qualifications set forth above.
To qualify as a Lead Electrical Design Engineer for this Agreement, an individual must possess
the following:
• A minimum of fifteen (15) years’ experience in planning and design of power
systems and protective relays projects.
• Experience in design of at least three (3) relevant, verifiable high (230 to 115 kV) or
medium voltage (≥12 kV) power systems and protective relays projects with at least
one (1) high voltage (230 to 115 kV) project.
• California registration as an Electrical Engineer.
• The Lead Electrical Design Engineer cannot be the same individual as the Electrical
Power Systems Engineer or the Electrical Protective Relay Engineer.
To qualify as the Electrical Power Systems Engineer for this Agreement, an individual must
possess the following:
• A minimum of ten (10) years’ experience in planning and design of high (230 to 115
kV) and medium (≥12 kV) voltage power systems projects.
• Experience in design of at least two (2) relevant, verifiable high (230 to 115 kV) or
medium voltage (≥12 kV) power systems projects with at least one (1) high voltage
(230 to 115 kV) project.
• California registration as an Electrical Engineer.
To qualify as the Electrical Protective Relay Engineer for this Agreement, an individual must
possess the following:
• A minimum of ten (10) years’ experience in planning and design of protective relay
D. Project Manager
To qualify as the Project Manager for this Agreement, an individual must possess the following:
• A minimum of fifteen (15) years of project management experience of which ten (10)
must have been management of the planning and design of electrical engineering
projects.
• Demonstrated technical expertise to manage services and staff involving multiple
disciplines; consulting firms, agencies and stakeholders.
• Demonstrated project management experience, leading a large multi-faceted project
team that is integrated with agency staff.
• Experience as a Project Manager in at least three (3) relevant, verifiable electrical
engineering projects.
• An employee of the Primer Proposer/Lead JV Partner.
Proposer(s) shall also identify Key Team Members for the following disciplines:
i. Mechanical Engineer
ii. Structural Engineer
iii. Civil Engineer
iv. Fire Protection Engineer
v. Geotechnical Engineer
vi. Architect
vii. Surveyor
viii. Cost Estimator
ix. Scheduler
To qualify as a Key Team Member for item i to vi, the individual must possess the following:
• A minimum five (5) years professional experience relevant to the team member’s
discipline, and
• Current California License before contract award, to practice in their technical
discipline, if providing design services.
To qualify as a Key Team Member for item vii, the individual must possess the following:
• A minimum five (5) years professional experience as a licensed surveyor.
All Lead Team Members must provide letters of commitment as outlined in Section 5.2.3
(Qualifications Summary).
For technical or procedural questions regarding the online submittal, please contact
[email protected].
Proposer must agree to the following commitments listed below and in the Proposal Response
Form:
• Proposer has reviewed the Conflict of Interest Section of this RFP and agrees to comply
with all conflict of interest rules and restrictions;
• Proposer has the qualifications and experience to perform and complete the work
described in this RFP;
• Proposer has read and agrees to comply fully with the terms and conditions of the
Professional Services Agreement (P-606 (see Appendix A);
• Proposer has reviewed the Limitations on Communications Section of this RFP and
certifies compliance with all communications instructions and restrictions;
• Proposer agrees to comply fully with all applicable laws, including the laws of the City
and County of San Francisco.
Executive Summary
Proposer must provide an executive summary that:
• Includes a brief overview of the Proposal's principal elements,
• Demonstrates an understanding of the project objectives, and
• Describes the Proposer’s approach for carrying out the scope of services.
If a JV, include a description of the organization, relationships, and defined responsibilities of all
Partners in the JV. Describe any previous project-specific associations of the JV Partners. The
Lead JV Partner must demonstrate proven experience in managing and leading.
Proposer must clearly demonstrate that the Prime Proposer (or JV Partners), and all
Subconsultants meet all the minimum qualification requirements outlined in Section 4 of the
RFP.
Reference Projects
Proposer must provide descriptions of the four (4) most recent projects previously performed
by the Proposer that are of the type and scope of services specified in this RFP. The four(4)
projects must validate the Proposer’s qualifications to perform planning and design of high (230
to 115 kV) or medium (≥12 kV) voltage power systems or protective relay (demand load studies,
short circuit studies, arc flash studies, coordination studies, etc. ) engineering design. At least
one (1) design-completed project must demonstrate experience to meet the qualification
requirements outlined in Section 4.1 of the RFP.
For a JV, each partner should submit two (2) reference projects which validate each partner’s
qualifications to perform planning and design of high (230 to 115 kV) or medium (≥12 kV)
voltage power systems or protective relay (demand load studies, short circuit studies, arc flash
studies, coordination studies, etc. ) engineering design. At least one (1) design-completed
project from each partner must demonstrate experience to meet the qualification
requirements outlined in Section 4.1 of the RFP.
Note: Proposer may not cite as a reference project, nor may the selection panel consider,
Proposer’s prior work on SFPUC’s Warnerville Substation, Moccasin Powerhouse, or Moccasin
Switchyard facilities or related planning studies to establish its experience or qualifications in
the competitive process.
A Proposer may not selectively choose projects. Rather, the Proposer must submit project
descriptions for the most recent projects that are relevant to the services requested in this RFP.
Failure to submit the most recent, relevant projects may result in the proposal being deemed
non-responsive and/or result in the loss of points.
Work Approach
Proposer must describe its overall work approach. Specifically address the following:
• Approach for conducting a condition assessment on high (230 to 115 kV) voltage
electrical equipment;
• Approach on the replacement of high (230 to 115 kV) voltage electrical equipment;
• Approach used to perform the analysis on protective relay designs and the
software/programs used; and
• Approach to minimize shutdowns to existing facilities while performing the construction
work in a potentially energized environment.
Team Members
Provide the role, responsibilities, qualifications, and company affiliation of every individual on
the Proposer team who will perform the services outlined in the RFP. Discuss team members’
background and experience in order to demonstrate experience and skills necessary to perform
the work successfully.
Identify staff who will serve as the Lead and Key Team Members, as specified in Section 4.3 of
the RFP. Proposer must clearly demonstrate that all Lead and Key Team Members meet all the
minimum qualification requirements outlined in Section 4.3. Upload resumes, where indicated
in the Proposal Response Form, for each Lead and Key Team Member and any other critical
team members, so that the Selection Panel can evaluate the capabilities of each team member
to fulfill their project roles and complete the scope of services successfully.
The information required in this section for Lead and Key Team Members applies to any
additional Lead/Key individuals proposed by the Proposer.
Please note: Proposers must provide evidence of relevant project experience as specified within
the Minimum Qualifications section of the RFP (Section 4.3) for all Lead and Key Team
Members. This evidence of required project experience should be listed within the team
member's Resume or within the Qualifications Summary section for Lead and Key Team
Members.
Proposers must use the Overhead and Profit Schedule (OPS) Template, provided as an Excel file
in Appendix B, to prepare their OPS. The OPS must include the base hourly rate and each firm's
overhead and profit rate (OPR, or "multiplier") for each staff member fo r the Prime Proposer
(or JV Partners) and all Subconsultants expected to work on the Project. Only one overhead
and profit rate must be listed for each firm. The OPS must also include the markup on
Subconsultant labor costs. The base hourly rate is the employee’s earned income hourly rate,
which shall not include health benefits, retirement benefits, profit sharing, sick leave, and
vacation.
Based on the information provided in the OPS, SFPUC will calculate an Effective Overhead and
Profit Rate (EOPR, or "Average Multiplier") by dividing the Total Actual Labor Cost by the Total
Base Labor Cost. The EOPR will be a weighted average of the rates proposed for each firm
listed as part of the Proposer’s team. The EOPR may not exceed 3.20. The maximum billing
rate is $250/hour.
Any Proposer that does not completely fill out the OPS provided in this RFP and/or does not
comply with the maximum allowed EOPR will not receive any points for the OPS portion of the
proposal evaluation. Furthermore, it is within sole discretion of the SFPUC to reject any
proposal that does not comply with the OPS requirements.
All costs to manage and administer the services under the Agreement must be included in each
firm’s OPR, or “multiplier.” Only individuals who are assigned to the proposal or have been
approved by the SFPUC Construction Manager to be added to the Agreement, and are
performing tasks directly related to the Agreement, will be allowed to charge their time on the
approved task orders.
B. Individual Contractor
An Individual Contractor for purposes of the OPS is an individual staff team member proposed
by Proposer who is compensated by Proposer under an hourly contract pay rate instead of an
hourly base payroll labor rate. An Individual Contractor must be listed as a separate line item in
the OPS. The Individual Contractor’s name, entity, and hourly pay rate shall be listed, and the
hourly pay rate extended to a billing rate with a 1.00 Overhead and Profit Rate pass-through.
The Individual Contractor’s hourly pay rate must be verifiable by an executed written contract
with the Proposer. Markup on an Individual Contractor is limited to 5% of the Individual
Contractor’s proposed billed cost. The Proposer's markup for an Individual Contractor must be
captured in the subconsultant markup box at the bottom of the OPS.
Provision of Individual Contractors for proposed services under the Agreement shall not exceed
3% of the Proposal Total Actual Labor Cost. If Proposer's Individual Contractor is later replaced
or substituted after the Contract is executed, the billing rate of any new Individual Contractor
must not exceed the billing rate proposed in the OPS for the position. If the Individual
Contractor is replaced or substituted with a Prime or Subconsultant employee at an hourly
payroll rate, the firm Overhead and Profit Rate applied to the replacement individual's hourly
payroll rate must not exceed the Proposal EOPR.
SFPUC may require the Proposer to provide certified payroll records documenting the actual
salaries of all individuals who will be added to the Project (i.e., individuals not listed in the OPS).
The City will only approve project staff substitutions when that change in personnel is
requested by the City and/or beyond the control of the Proposer. The City expects individuals
listed in the OPS, and for whom résumés and qualifications have been submitted as part of the
proposal, to be provided to the project team.
The Proposer shall provide the markup on Subconsultant labor costs as a separate line item in
the OPS. Markups are limited to 5% of Subconsultants’ actual labor costs. Markups on ODCs or
materials for either the Proposer or its Subconsultants are not allowable.
Hourly billing rates shall be the actual hourly base salary rate of each employee utilized for the
work multiplied by the firm’s proposed overhead rate (including salary burden and fringe
benefits) and proposed profit rate. Each firm’s proposed OPR, or “multiplier,” shall apply to all
proposed staff and substituted, new, or added staff for the duration of the contract and shall
include all miscellaneous and incidental costs of work other than those as specifically defined
below as direct reimbursable expenses.
• Out-of-town travel
o Rental vehicle: traveler must select the most economical contractor and type of
vehicle available and acquire any commercial rate or government discount available
when the vehicle is rented.
o Personal vehicle use: SFPUC will pay Consultant on a per mile basis as established by
the United State Internal Revenue Services. The Contractor shall submit to the City
an approved mileage log with its monthly invoices.
o All meals with the exception of staff assigned to Moccasin. No reimbursement for
working lunches with SFPUC staff.
• Expedited courier services when requested by SFPUC staff; and Special services, used
solely for the benefit of this project and not performed by the Prime Contractor or by
the Subconsultants, such as electrical testing, hazardous material testing, laboratory
testing, training, deliveries, drilling services, telephone and network installations and
maintenance. All such services must receive prior written approval of SFPUC project
staff and documentation of the written approval by the SFPUC must be included with
the invoice.
Anything not listed above is not eligible for reimbursement and therefore should be
included in the Proposer’s EOPR if compensation for these expenses is desired. They
include, but are not limited to:
The SFPUC defines community benefits as those positive effects on a community that result
from the operation and improvement of our water, wastewater and power services. The agency
defines environmental justice as the fair treatment of people of all races, cultures, and incomes
and believes that no group of people should bear the disproportionate share of negative
Proposers are invited to submit a voluntary stand-alone Community Benefits Submittal (“CB
Submittal”), detailing the Community Benefits Commitments (“CB Commitments”) it will
commit to provide if Proposer is awarded the Agreement. The terms and conditions,
instructions for submittal, and evaluation criteria for the CB Submittal are set forth below.
The selected Proposer shall commence performance of the CB Commitments promptly after
issuance of the first Notice to Proceed (NTP) for this Agreement. CB Commitments performed
as part of previous contracts or prior to Proposer being awarded the Agreement cannot count
towards the selected Proposer’s CB Commitments for this Agreement. If a Proposer has
established programs or plans that are consistent with the Community Benefits areas described
in this RFP, the selected Proposer may continue those programs as part of its CB Commitments
and will be given credit for activities that are performed following the issuance of the first NTP
by the SFPUC.
2. $ Hrs $150/hr $ $ $
$ Hrs $ $ $
TOTAL
C. Project Team/Organization
The CB Submittal shall include a description of the Proposer and the Proposer’s overall
approach to community benefits and social responsibility. The Proposer shall include a list of
the role(s) of individuals that will be responsible for implementation of the CB Commitments
and describe their commitment to corporate social responsibility. The list shall detail the
following for each team member: (1) qualifications, (2) specific responsibilities, (3) decision
making authority, and (4) relevant contact information, including phone number and email
address. The Proposer must identify a Community Benefits Executive in Charge and a
Community Benefits Coordinator. The Community Benefits Executive in Charge will manage the
implementation of the CB Submittal, provide fiduciary oversight, and ensure that the proposed
CB activities are delivered to the communities that they are intended to benefit in a transparent
and otherwise accountable manner. The Community Benefits Coordinator shall organize, plan,
track, and report on the progress of all CB activities. The Executive in Charge is responsible for
coordinating the senior management of the Proposer’s subconsultants to provide benefits to
the community should such subconsultants choose to participate.
E. Statements of Understanding
The Proposer must state in their CB Submittal that they understand the following statements:
• All instructions for the CB Submittal have been followed.
• Any of the CB Commitments that the Proposer voluntarily commits to should directly
benefit the communities, neighborhoods, and/or residents served by or impacted by the
SFPUC.
• CB Commitments must support nonprofit, charitable, or related activities.
• CB Commitments shall not go to, nor benefit, any particular City department or
employee.
• CB Commitments are separate from and in addition to any regulatory or legal
requirements related to the Agreement.
• CB Commitments must be delivered at zero dollar cost to the SFPUC.
Initial Review
SFPUC and CMD staff will review each proposal for initial determinations on responsiveness.
Elements reviewed will include, without limitation: proposal completeness, compliance with
format requirements, compliance with minimum qualification requirements, verifiable
references, compliance with LBE requirements, and responsiveness to the material terms and
conditions of the Agreement (Appendix A, Professional Services Agreement (P-606)).
SFPUC will not score Proposals during the Initial Review. This review will provide a pass/fail
determination as to whether a proposal meets the threshold requirements described above.
SFPUC will deem non-responsive any proposal that fails to meet these requirements. SFPUC will
not include any Proposal deemed non-responsive in the Evaluation Process described in Section
6.2 below. The City reserves the right to request clarification from Proposers prior to rejecting
a proposal for failure to meet the Initial Review requirements. SFPUC will limit clarifications to
exchanges between the City and a Proposer for the purpose of clarifying certain aspects of the
Proposal, and will not provide a Proposer the opportunity to revise or modify its Proposal.
Written Proposal
850
• Technical Written Proposal
50
• Community Benefits Submittal
Overhead and Profit Schedule 100
TOTAL 1000
The maximum total score for the evaluation process will be one thousand (1000) points.
The Selection Panels, including the Technical Panel and the Community Benefits Panel, will be
comprised of individuals who are knowledgeable on the subject matter, and may include staff
from the SFPUC, other City agencies, and/or other utilities or organizations. SFPUC/City will not
include staff closely involved with the preparation of this RFP and the development of the
scope of services on the Selection Panel.
The assigned CMD Contract Compliance Officer will assess proposal compliance with LBE
requirements and assign a rating bonus to the written proposal score, if applicable.
SFPUC will tabulate the written proposal scores, or CMD-adjusted written proposal scores (if
applicable), and rank the Proposers starting with the Proposer receiving the highest score, then
continuing with the Proposer receiving the second highest score, and so on.
Proposer Qualifications
- Depth and Breadth of experience of Prime
Proposer or JV Partners 4.1 and 5.2.3 200
- Experience with similar Professional
Services contracts
Lead and Key Team Member Qualifications 4.3 and 5.2.6 250
RFP
EVALUATION CRITERIA POINTS
SECTION
Total Points: 50
SFPUC may reject the data provided in the Overhead and Profit Schedule (OPS) and exclude it
from the score tabulation if SFPUC finds it to be inconsistent with any of the information
provided in the Proposal. For example, classification of team members presented in the Work
Approach or Team Organizational Chart must be consistent with classification of team members
listed in the OPS.
SFPUC will allocate up to 100 points for the Overhead and Profit based on the following table:
Final Scoring
The SFPUC will tabulate written proposal, Community Benefits, and OPS scores and then rank
Proposers, starting with the Proposer receiving the highest total score, then continuing with the
Proposer receiving the second highest total score, and so on. SFPUC will identify the Proposer
with the highest total score as the highest-ranked Proposer eligible to proceed with the award
of an Agreement.
Failure by the Proposer to obtain compliance with City requirements and execute an
Agreement within two (2) weeks of the date of the Commission’s authorization to execute the
Agreement may result in the General Manager’s executing an Agreement with the next highest
ranked Proposer. The SFPUC, at its sole discretion, may select another Proposer and may
proceed against the original Consultant for damages.
SFPUC will issue a Notice of Contract Award (NCA) after the selected consultant obtains all
necessary City approvals, submits required documents, executes the Agreement, and the
Controller certifies the Agreement.
Agreement Administration
SFPUC may direct Consultant to perform contract services in phases. The SFPUC will determine
the work to be conducted under each phase and authorize the start of each phase in
accordance with the overall agreed upon project schedule.
The City strictly prohibits the Consultant from commencing performance of work under the
Agreement until the SFPUC issues a written Notice to Proceed (NTP). The City shall not be liable
for payment for any work performed by the Consultant prior to the City’s issuance of an NTP.
In accordance with San Francisco Administrative Code Chapter 6, no proposal is accepted and
no contract in excess of $129,000 is awarded by the City until such time as the SFPUC General
Direct all inquiries regarding business tax registration procedures to the Tax Collector’s Office at
(415) 554-4400.
The SFPUC will make reasonable efforts to post in a timely manner any modifications to the RFP
on the SFBid website. Notwithstanding this provision, the Proposer shall be responsible for
ensuring that its proposal reflects any and all addenda posted by the SFPUC prior to the
proposal due date regardless of when the proposal is submitted. Therefore, the City
recommends that the Proposer check the SFBid website before submitting its proposal to
determine if the Proposer has read all posted addenda. The SFPUC will not be responsible for
any other explanation or interpretation.
a) An Objection must be in writing and must be received by the City no later than 5:00 p.m.
on the 10th working date prior to the deadline for proposal submittal (as that deadline may be
adjusted by Addenda). The prospective Proposer bears the risk of non-delivery within the
required time period. Objections must be transmitted by a means that will objectively
establish the date of receipt by the City. Objections or notices of Objections delivered orally
(e.g., by telephone) will not be considered. SFPUC staff will acknowledge receipt of any
Objection(s) via email.
d) The City, at its discretion, may make a determination regarding an Objection without
requesting further documents or information from the prospective Proposer who submitted
the Objection. Accordingly, the initial Objection must include all grounds of objection and all
supporting documentation or evidence reasonably available to the prospective Proposer at the
time the Objection is submitted. If the prospective Proposer later raises new grounds or
evidence that were not included in the initial Objection, but which could have been raised at
that time, then the City may not consider such new grounds or new evidence.
e) Upon receipt of a timely and proper Objection, the City will review the Objection and
conduct an investigation as it deems appropriate. As part of its investigation, the City may
consider information provided by sources other than prospective Proposer. At the completion
of its investigation, the City will provide a written determination to the prospective Proposer
who submitted the Objection. If required, the City may extend the proposal submittal
deadline to allow sufficient time to review and investigate the Objection, and issue Addenda to
incorporate any necessary changes to the RFP.
g) A Proposer may not rely on an Objection submitted by another Proposer, but must timely
pursue its own Objection.
Revision of Proposal
Notwithstanding the forgoing, a Proposer may withdraw or revise a proposal on the Proposer’s
own initiative at any time before the deadline for submission of proposals. The Proposer must
submit the revised proposal in the same manner as the original proposal. A revised proposal
must be received on or before the proposal due date.
A Proposer may withdraw his/her proposal prior to the proposal submission deadline by
following the prompts on the SFBid website. Once withdrawn, a Proposer may submit a revised
proposal through SFBid head of the proposal deadline.
At any time during the proposal evaluation process, the SFPUC may require a Proposer to
provide oral or written clarification of its proposal. The SFPUC reserves the right to make an
award without receiving or accepting any clarifications of proposals received.
If a Proposer is negotiating for a contract that must be approved by an elected local officer or
the board on which that officer serves, during the negotiation period the Proposer is prohibited
from making contributions to:
• The officer’s re-election campaign;
• A candidate for that officer’s office; and
• A committee controlled by the officer or candidate.
The negotiation period begins with the first point of contact, either by telephone, in person, or
in writing, when a Proposer approaches any City officer or employee about a particular
contract, or a City officer or employee initiates communication with a potential Proposer about
a contract. The negotiation period ends when a contract is awarded or not awarded to the
Proposer. Examples of initial contacts include: (i) a vendor contacts a City officer or employee to
promote himself or herself as a candidate for a contract; and (ii) a City officer or employee
contacts a Proposer to propose that the Proposer apply for a contract. Inquiries for information
about a particular contract, requests for documents relating to a RFP, and requests to be placed
on a mailing list do not constitute negotiations.
Violation of Section 1.126 may result in the following criminal, civil, or administrative penalties:
For further information, Proposers should contact the San Francisco Ethics Commission at (415)
581-2300.
Sunshine Ordinance
In accordance with San Francisco Administrative Code Section 67.24(e), Proposers’ bids,
responses to RFP’s and all other records of communications between the City and persons or
firms seeking contracts shall be open to inspection immediately after a contract has been
awarded. Nothing in this provision requires the disclosure of a private person’s or entity's net
worth or other proprietary financial data submitted for qualification for a contract or other
benefits until and unless that person or organization is awarded the contract or benefit.
Information provided which is covered by this paragraph will be made available to the public
upon request.
No Waiver
No waiver by the City of any provision of this RFP shall be implied from any failure by the City to
recognize or take action on account of any failure by a Proposer to observe any provision of this
RFP.
4%
Pursuant to Sec. 14B.9 of the Administrative Code, Proposers are hereby advised that the
availability of Minority Business Enterprises (MBE), Woman Business Enterprises (WBE) and
Other Business Enterprises (OBE) to perform subconsulting work on this Project is as follows:
MBE: 1.5%
WBE: 0.9%
OBE: 1.6%
The LBE subconsultant participation requirement for this contract is less than 20% for the
following reasons:
This LBE subconsulting participation requirement is calculated as a percentage of the total value
of the goods and/or services to be provided. The LBE subconsulting participation requirement
can be met with BOTH CMD-certified SF LBEs (Small and/or Micro) and/or SFPUC-LBEs.
Proposers are further advised that they may not discriminate in the selection of Subconsultants
on the basis of race, gender, or other basis prohibited by law, and that they shall undertake all
required good faith outreach steps in such a manner as to ensure that neither MBEs nor WBEs
nor OBEs are unfairly or arbitrarily excluded from the required outreach.
Proposals which fail to comply with the material requirements of S.F. Administrative Code
§§14B.8 and 14B.9, CMD Attachment 6A, and this RFP, will be deemed non-responsive and will
be rejected. During the term of the contract, any failure to comply with the level of LBE
subconsultant participation specified in the contract shall be deemed a material breach of
contract. Subconsulting participation requirements can be met with BOTH CMD-certified Micro
and Small LBEs located in San Francisco and SFPUC-LBEs located in the regional areas, unless
the RFP allows for SBA-LBE Subconsultants to count towards the LBE participation requirement.
Proposers should note that the LBE subconsulting percentage listed on its CMD Form 2A (the
CMD Contract Participation Form) will be incorporated into the final Standard Agreement.
a) A 10% rating bonus to an SF-LBE (Micro and/or Small) and SFPUC-LBE ; or a joint
venture between or among SF-LBEs (Micro and/or Small) and SFPUC-LBEs; or
If applying for a rating bonus as a joint venture: The Micro and /or Small-LBE must be an active
partner in the joint venture and perform work, manage the job and take financial risks in proportion
to the required level of participation stated in the proposal, and must be responsible for a clearly
defined portion of the work to be performed and share in the ownership, control, management
responsibilities, risks, and profits of the joint venture. The portion of the Micro and/or Small-LBE
joint venture’s work shall be set forth in detail separately from the work to be performed by the
non-LBE joint venture partner. The Micro and/or Small-LBE joint venture’s portion of the contract
must be assigned a commercially useful function. Each joint venture partner must meet the
minimum qualifications in the proposal. The LBE joint venture partner must perform Prime Level
Work and be CMD certified for the scope of work they are proposing to perform in order to be
eligible for the rating bonus.
LBE Forms
All response packages submitted must include the following Contract Monitoring Division
(CMD) Forms contained in the CMD Attachment 6A:
Failure to complete, sign, and submit each of the required CMD/LBE forms may result in the
response package being deemed non-responsive and rejected. Direct all inquiries concerning
the CMD LBE program to Jason Chow, the CMD Contract Compliance Officer for the SFPUC, at
(415) 554-3103 or [email protected].
If you have any questions concerning the CMD 12B/12C Forms, you may call the CMD Equal
Benefits Unit at (415) 581-2310.
Commercial General Liability and Commercial Automobile Liability Insurance policies must be
endorsed to provide:
1. Name as Additional Insured the City and County of San Francisco, the SFPUC, and their
respective officers, agents and employees; and
2. That such policies are primary insurance to any other insurance available to the
Additional Insureds, with respect to any claims arising out of the Agreement, and that
insurance applies separately to each insured against whom claim is made or suit is
brought.
All policies shall provide thirty (30) days’ advance written notice to the City of reduction or
nonrenewal of coverages or cancellation of coverages for any reason. Notices shall be sent to
the City address in the “Notices to the Parties” section.
Should any of the required insurance be provided under a claims-made form, Proposer shall
maintain such coverage continuously throughout the term of the Agreement and, without
lapse, for a period of three years beyond the expiration of the Agreement, to the effect that,
should occurrences during the contract term give rise to claims made after expiration of the
Agreement, such claims shall be covered by such claims-made policies.
Should any of the required insurance be provided under a form of coverage that includes a
general annual aggregate limit or provides that claims investigation or legal defense costs be
included in such general annual aggregate limit, such general annual aggregate limit shall be
double the occurrence or claims limits specified above.
Should any required insurance lapse during the term of the Agreement, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory evidence
of reinstated coverage as required by the Agreement, effective as of the lapse date. If
insurance is not reinstated, the City may, at its sole option, terminate the Agreement effective
on the date of such lapse of insurance.
Before commencing any operations under the Agreement, Proposer shall furnish to City
certificates of insurance and additional insured policy endorsements with insurers with ratings
comparable to A-, VIII or higher, that are authorized to do business in the State of California,
and that are satisfactory to City, in form evidencing all coverages set forth above. Failure to
maintain insurance shall constitute a material breach of the Agreement.
Approval of the insurance by City shall not relieve or decrease the liability of Contractor
hereunder. If a subconsultant will be used to complete any portion of the agreement, the
Proposer shall ensure that the subconsultant shall provide all necessary insurance and shall
name the City and County of San Francisco, the San Francisco Public Utilities Commission, and
their respective officers, agents, and employees and the Proposer listed as additional insureds.
Proposers are urged to pay special attention to the requirements of Administrative Code
Chapters 12B and 12C, Nondiscrimination in Contracts and Benefits; the Minimum
Compensation Ordinance; the Health Care Accountability Ordinance; the First Source Hiring
Program; and applicable conflict of interest laws, as specified in RFP Sections 10.3, 10.4, 10.5,
10.6, and 10.9, and Section 12, respectively, as well as Article 11 in the attached Agreement.
Additional information regarding the MCO, including the amount of hourly gross compensation
currently required under the MCO, is available on the City website at www.sfgov.org/olse/mco.
Note that the hourly gross compensation rate may increase on January 1 of each year and that
contractors will be required to pay any such increases to covered employees during the term of
the contract. See Article 11 in the Agreement for requirements.
Contractors should consult the San Francisco Administrative Code to determine their
compliance obligations under this chapter. Additional information regarding the FSHP is
available on the web at http://oewd.org/first-source and from the First Source Hiring
Administrator, (415)701-4848.
Vendors that are not currently doing business with the City must register within the City’s
financial and procurement system to become an Approved Supplier. Please note: The City also
requires all Subconsultants working under a Selected Proposer to register with the City’s
financial and procurement system. However, Subconsultants are not required to be compliant
with the City’s vendor requirements.
Consultants must become Approved Suppliers, and Subconsultants must be registered, within
two weeks of the posting of the highest-ranked Proposer, in order for award of Agreement to
[occur / remain in effect].
Conflicts of Interest
The Consultant will be required to agree to comply fully with and be bound by the applicable
provisions of state and local law related to conflicts of interest as discussed in greater detail
under Section 12 of this RFP.
If a Proposer believes that the City has improperly determined that its proposal should be
rejected, Proposer may submit a written notice of protest within five (5) working days of the
SFPUC's issuance of a Preliminary Notice of Proposal Rejection. Such notice of protest must be
received by the SFPUC prior to 5:00 p.m. on or before the fifth (5th) working day following the
SFPUC's issuance of the Preliminary Notice of Proposal Rejection. The notice of protest must
include a written statement specifying in detail each and every one of the grounds asserted for
the protest. The protest must be signed by an individual authorized to represent the Proposer,
and must cite the law, rule, local ordinance, procedure or RFP provision on which the protest is
based. In addition, the Proposer must specify facts and evidence sufficient for the SFPUC to
determine the validity of the protest.
The City, at its discretion, may make a determination regarding a protest without requesting
further documents or information from the Proposer who submitted the protest. Accordingly,
the initial protest must include all grounds of protest and all supporting documentation or
evidence reasonably available to the prospective Proposer at the time the protest is submitted.
If the Proposer later raises new grounds or evidence that were not included in the initial
protest, but which could have been raised at that time, then the City may not consider such
new grounds or new evidence.
Upon receipt of a timely and proper protest, the City will review the protest and conduct an
investigation as it deems appropriate. As part of its investigation, the City may consider
information provided by sources other than the Proposer. The City may also consider
supplemental correspondence or other information relating to the original ground(s) of Protest
submitted by a protesting Proposer to the extent the City determines that such information will
assist it in resolving the Protest. At the completion of its investigation, the City will provide a
written determination to the Proposer who submitted the protest.
The City will not consider any protests not received within the time and manner specifiedIf a
Proposer does not protest a Preliminary Notice of Proposal Rejection within the time and in the
manner specified above, then the City's determination set forth in the Preliminary Notice will
Within five (5) working days of the SFPUC’s posting of the highest ranked Proposer on the
SFBid Website, any Proposer that has submitted a responsive proposal and believes that the
City has unfairly selected another Proposer for award may submit a written notice of protest.
The notice of protest must include a written statement specifying in detail each and every one
of the grounds asserted for the protest. The protest must be signed by an individual authorized
to represent the Proposer, and must cite the law, rule, local ordinance, procedure or RFP
provision on which the protest is based. In addition, the Proposer must specify facts and
evidence sufficient for the City to determine the validity of the protest. All protests must be
received by the SFPUC before 5:00 p.m. on or before the fifth (5th) working day following the
SFPUC’s posting of the highest ranked Proposer; the City will not consider untimely protests.
The City, at its discretion, may make a determination regarding a protest without requesting
further documents or information from the Proposer who submitted the protest. Accordingly,
the initial protest must include all grounds of protest and all supporting documentation or
evidence reasonably available to the Proposer at the time the protest is submitted. If the
Proposer later raises new grounds or evidence that were not included in the initial protest, but
which could have been raised at that time, then the City may not consider such new grounds or
new evidence.
Upon receipt of a timely and proper protest, the City will review the protest and conduct an
investigation as it deems appropriate. As part of its investigation, the City may consider
information provided by sources other than the Proposer. The City may also consider
supplemental correspondence or other information relating to the original ground(s) of Protest
submitted by a protesting Proposer to the extent the City determines that such information will
assist it in resolving the Protest. At the completion of its investigation, the City will provide a
written determination to the Proposer who submitted the protest.
The City will not consider any protests not received within the time and manner specified.
If a Proposer does not protest the SFPUC’s posting of the highest ranked Proposer on the SFBid
website within the time and in the manner specified, above, then the City's selection will
become final and SFPUC staff may proceed to recommend the highest ranked Proposer for
Delivery of Protests
The protestor bears the risk of non-delivery within the deadlines specified herein. Protests
must be transmitted by a means that will objectively establish the date the City received the
protest. SFPUC will not consider protests or notice of protests made orally (e.g., by telephone).
SFPUC staff will acknowledge receipt of any Protest(s) via email. Protests must be delivered to:
[email protected] and to [email protected]
Individuals who will perform work for the City on behalf of the Consultant might be deemed
consultants under state and local conflict of interest laws. If so, such individuals will be
required to submit a Statement of Economic Interests, California Fair Political Practices
Commission Form 700, to the City within ten calendar days of the City notifying the Consultant
that the City has selected the Proposer.
Obligations
It is the obligation of the Proposer as well as their Subconsultants to determine whether or not
participation in that contract constitutes a conflict of interest. While city staff maintains records
regarding award and execution of contracts, it does not have access to specific information
concerning which entities, partners, sub-consultants or team members perform specific work
on these contracts. A conflict of interest or an unfair advantage may exist without any
knowledge of the SFPUC. The database of our records concerning work performed by various
sub-consultants is available for reference to consultants making their own determination of
potential conflicts. Proposers have sole responsibility for compliance with these requirements.
A court makes the final determination of whether an actual conflict exists. The guidelines
below are provided to assist Proposers; however, the City is not providing legal advice in
providing the information and assumes no responsibility or liability arising from Proposer’s
reliance on this information. The guidelines below address conflicts under the aforementioned
laws but there are other laws that affect qualifications for a contract.
Work
There are many phases of work pertaining to city contracts. Potential conflicts arise out of
progressive participation in various phases of that work. Set forth below are general guidelines
regarding when participation in a specific phase of work may create a conflict. Because an
actual determination regarding whether a conflict exists depends upon the specific facts of
each situation, Proposers should treat the general guidelines set forth below only as a starting