STATEMENT of QUALIFICATIONS and REQUEST for PROPOSAL No. 900679

COUNTY OF ALAMEDA

STATEMENT OF QUALIFICATIONS AND REQUEST FOR PROPOSAL No. 900679

SPECIFICATIONS, TERMS & CONDITIONS

for

ALAMEDACOUNTYDISPUTE RESOLUTION PROGRAM

NETWORKING/BIDDERS CONFERENCES

At

10:00 a.m.
on
March 25, 2010
at
General Services Agency
Room 201, 2nd Floor
1401 Lakeside Drive
Oakland, CA94612 / 2:00 p.m.
on
March 26, 2010
at
Fremont Main Library
Fukaya Room A
2400 Stevenson Boulevard
Fremont, CA94538

For complete information regarding this project see RFP posted at or contact the person listed below. Thank you for your interest!

Contact Person:Jennifer Chan Ngo, Contracts Specialist II

Phone Number: (510) 208-9604

E-mail Address:

RESPONSE DUE

by

2:00 p.m.

on

April 14, 2010

at

AlamedaCounty, GSA-Purchasing

1401 Lakeside Drive, Suite 907

Oakland, CA 94612

COUNTY OF ALAMEDA

STATEMENT OF QUALIFICATION AND REQUEST FOR PROPOSAL No. 900679

SPECIFICATIONS, TERMS & CONDITIONS

for

AlamedaCountyDispute Resolution Program

TABLE OF CONTENTS

Page 1 of 2

Page

I.ACRONYM AND TERM GLOSSARY...... 5

II.STATEMENT OF WORK

1. Intent 6......
2. Scope 6
3. Background...... 6
4. Vendor Requirements...... 7
5. Specific Requirements...... 7
6. Debarment / Suspension...... 10
7. Deliverables/Reports...... 11

III.INSTRUCTIONS TO BIDDERS

1. County Contacts...... 12
2. Calendar of Events...... 12
3. Networking/Bidders Conference...... 13
4. Submittal of Bids...... 14
5. Response Format...... 16
6. Evaluation Criteria/Selection Committee...... 16
7. Contract Evaluation and Assessment...... 22
8. Notice of Award...... 22
9. Bid Protest / Appeals Process...... 23

IV.TERMS AND CONDITIONS

1. Term / Termination / Renewal...... 24
2. Award 24
3. Method of Ordering...... 25
4. Invoicing...... 25
5. County Provisions...... 26
6. Online Contract Compliance Management System...... 28
7. Compliance Information and Records...... 30
8. Account Manager/Support Staff...... 30
9. General Requirements...... 30

COUNTY OF ALAMEDA

STATEMENT OF QUALIFICATION AND REQUEST FOR PROPOSALNo. 900679

SPECIFICATIONS, TERMS & CONDITIONS

for

AlamedaCountyDispute Resolution Program

TABLE OF CONTENTS

Page 2 of 2

ATTACHMENTS

Exhibit A – Acknowledgement

Exhibit B – Bid Form

Exhibit C – Insurance Requirements

Exhibit D1 – Current References

Exhibit D2 – Former References

Exhibit E – SLEB Certification Application Package

Exhibit F – Small and Local Business Subcontracting Information

Exhibit G – Request for Small and Local or Emerging Preference

Exhibit H – First Source Agreement

Exhibit I – Exceptions, Clarifications, Amendments

Exhibit J – [Intentionally Omitted]

Exhibit K – Environmental Certification

Exhibit L – RFP Vendor Bid List

Exhibit M – Response/Content Submittal; Completeness Check List

Exhibit N – Debarment and Suspension Certification

Exhibit O – Grant Application Summary

Specifications, Terms & Conditions

for AlamedaCountyDispute Resolution Program

I.ACRONYM AND TERM GLOSSARY

Unless otherwise noted, the terms below may be upper or lower case. Acronyms will always be uppercase.

Act / Dispute Resolution Programs Act of 1986; California Business & Professions Code beginning with Section 465 & Regulations under California Code of Regulations, Title 16, Chapter 36, beginning with Section 3600
ADR / Shall mean Alternative Dispute Resolution Program
Bid / Shall mean the bidders’/contractors’ response to this Request
Bidder / Shall mean the specific person or entity responding to this RFP
Board / Shall refer to the County of Alameda Board of Supervisors
CSC / Shall refer to County Selection Committee
Contractor / When capitalized, shall refer to selected bidder that is awarded a contract
County / When capitalized, shall refer to the County of Alameda
DRP / Shall refer to Dispute Resolution Program
Environmentally Preferable Products / Products manufactured in a manner such that the impact on the environment is minimized throughout the entire lifecycle of the product by implementing sustainable practices during material sourcing, manufacturing, transportation, and by providing products that can be used and disposed of in an environmentally sound manner
EPA / United States Environmental Protection Agency
Federal / Refers to United States Federal Government, its departments and/or agencies
F.O.B. / Shall mean without charge for delivery to destination and placing on board a carrier at a specified point (Free On Board)
Labor Code / Refers to California Labor Code
MSDS / As used herein shall refers to Material Safety Data Sheets
OSHA / Refers to California Occupational Safety and Health Administrations
PBTs / Persistent, Bioaccumulative Toxins including compounds such as dioxins, polychlorinated biphenyls, and mercury as defined by the United States Environmental Protection Agency and listed on the EPA’s website at
Program / Shall refer to the Dispute Resolution Programs Act of 1986 (California Business and Professions Code (CB&P) beginning with Section 465)
Proposal / Shall mean bidder/contractor response to this RFP
PO / Shall refer to Purchase Order(s)
Request for Proposal / Shall mean this document, which is the County of Alameda’s request for contractors’/bidders’ proposal to provide the goods and/or services being solicited herein. Also referred herein as RFP
Response / Shall refer to bidder’s proposal submitted in reply to RFP
RFP / Request for Proposal
SLEB / Small Local Emerging Business
Source Reduction / Refers to products that result in a net reduction in the generation of waste compared to their previous or alternate version and includes durable, reusable and remanufactured products; products with no, or reduced, toxic constituents; and products marketed with no, or reduced, packaging
State / Refers to State of California, its departments and/or agencies

II.STATEMENT OF WORK

A.INTENT

It is the intent of these specifications, terms and conditions to describealternate dispute resolution services to be provided byqualified private or public non-profit organizations to residents of Alameda Countyas defined by the Dispute Resolution Programs Act of 1986 (California Business and Professions Code (CB&P) beginning with Section 465) (Program) and Regulations (California Code of Regulations (CCR), Title 16, Chapter 36, beginning with Section 3600) (Act).

The County intends to award a three (3) year contract (with option to renew) to the bidder(s) selected as the most responsible bidder(s) whose response conforms to the RFP and meets the County’s requirements.

B.SCOPE

It is the intent of this RFP process to identify a sufficient number of experienced alternative dispute resolution service providers to equitably serve a diverse population throughout the County. The funds supporting this program will be distributed on a proportional basis across the County to ensure the greatest possible public access to these services.

Successful bidder(s) shall provide alternate dispute resolution services (primarily conciliation and mediation) to all AlamedaCounty residents, which assist people in resolving problems informally and function as an alternative to more formal court proceedings

C.BACKGROUND

The Act and its Regulations provides for the establishment, operation and funding of local informal dispute resolution programs. The goal of the Act is the creation and maintenance of a statewide system of locally funded dispute resolution services programs. To achieve more effective and efficient dispute resolution in a complex society greater use of alternatives to the courts, such as mediation, conciliation, and arbitration should be encouraged. These alternatives, among other things, can assist in the resolution of disputes between neighbors, consumer-merchant disputes, and other kinds of disputes in which the parties have continuing relationships. A non-coercive dispute resolution forum in the community can also provide a valuable prevention and early intervention problem-solving resource to the community. Programs funded will be operated under the provisions of the Act and its Regulations.

In August 1987, the Alameda County Board of Supervisors approved the County's participation in the Program and authorized an increase in court filing fees as provided for in the Act. Subsequently, proposals have been accepted and funded for each fiscal year since July 1, 1988.

D.VENDOR QUALIFICATIONS

To be eligible for consideration under this RFP, an applicant must certify that its primary purpose is the provision alternative dispute resolution services supported by a separate and identifiable annual budget. To be eligible, an applicant must be an Alameda County-based entity which is:

1. A non-partisan and nonprofit, corporation; or

1. A distinct, definitive component or project of a nonpartisan, nonprofit corporation with a separate and identifiable annual budget; or.

1. A distinct, definitive unit of a governmental entity.

1. Able to provide services in and for allAlamedaCounty residents;

1. Able to demonstrate at least two years experience in administering and operating dispute resolution services.

1. A nonpartisan, nonprofit corporation or component thereof that can provide evidence that it:

1. Is exempt from federal taxation under Internal Revenue Code Section 501(c)(3) (see Exhibit M, Financial Requirements #2), or

1. Has an application for section 501(c)(3) status currently pending before the Internal Revenue Service (see Exhibit M, Financial Requirements #3).

E.SPECIFIC REQUIREMENTS

All potential vendor(s) must meet the following criteria:

1. Demonstration of Appropriate Organizational Qualifications and Overview

Bidder’s organization must have a history in the provision of dispute resolution services.

1. An Acceptable Program Description

Bidder(s) must be capable of administering and operating dispute resolution program (DRP) services;describing what DRP service activities will be provided and what they aim to accomplish. The DRP service provider must provide:

1. Programs with services for disputants through binding or non-binding resolutions. The various types of disputes may have restrictions. The disputants will be screened and go through an intake procedure. Of these areas, the program needs to look at the approaches to the general need of alternatives to formal processes and thus meet the need for DRP outlet for any grievances or conflicts. The program should address the specific approaches versus identifying specific needs.

1. Programs that can meet one or more of AlamedaCounty's priorities for funding, including the following:

1)Programs must demonstrate or encourage collaboration among organizations and agencies and creativity in developing new programs that will fill gaps in the County's dispute resolution services in underserved communities.

2)Programs must encourage more extensive use and better coordination of dispute resolution services in the County and the integration of dispute resolution techniques into existing processes within the courts, cities, County agencies, schools and other institutions throughout the County.

3)Programs must demonstrate the ability to effectively publicize, encourage and educate the public as to the availability, desirability and use of alternatives to formal court procedures.

4)Programs must demonstrate an ability to obtain the cooperation, support and active use of their program by County agencies, local courts, justice and judicial agencies within the community to be served. Development of a collaborative process for direct referrals from these agencies is encouraged.

1. Programs for target populations (i.e., neighborhood conflict, human relations, consumer issues, juvenile issues, landlord/tenant disputes, etc.)

1. Programs with the ability to serve the language needs of the disputants and the ability of staff to provide culturally competent services.

1. Programs with the ability to serve the target geographic area including advertising and education.

1. Programs that will impact on and have participation and support of the community.

1. Programs that will include client follow-up so disputants may obtain service for unresolved disputes for a period of time.

1. Programs that have a plan for recruiting and training of staff and volunteers.

1. Programs that have methods for self-monitoring and evaluation.

1. Programs that can provide key funding sources which will further the organizations goals.

1. Programs that have a presence on the internet including e-mail capability and electronic links with other organizations.

1. An Appropriate Proposed Budget

To satisfy the primary purpose requirement of section 407.2(g) of the Act, a minimum of 51% of the applicant’s estimated budget for the contract period shall be encumbered/ expended for the provision of dispute resolution services, as defined in Section 3602 of the California Code of Regulations

Thecounty's share of the funding pursuant to this chapter shall not exceed 50 percent of the approved estimated cost of the program. (B&PC 470.2)

1. Funding Policies

1)To the extent possible, funds available under this RFP will be allocated to ensure the greatest possible public access to dispute resolution programs and services within the County.

2)Funding for any contracts will consist entirely of Dispute Resolution Programs Act Fund dollars collected from a fee imposed on specified court filings. The anticipated total funding available from this source is estimated to be $355,000 per year. This funding level is provided for informational purposes and should be used as a guideline only. Actual funding will be dependent on revenues collected. If, during the term of the award, the funds appropriated for the purpose of the grant award are reduced or eliminated, the County of Alameda may immediately terminate or reduce the award by written notice to the grantee.

3)An applicant’s estimated annual dispute resolution operating budget must reflect that at least fifty-one percent (51%) of its anticipated revenues will be derived from sources other than those requested from the County pursuant to the Act. In-kind donations may be credited toward such other revenues.

4)The applicant shall agree to the right of the County to inspect and audit the prospective grantee's financial records and financial statements to determine the potential grantee's financial condition.

1. Applicants will be required to provide supporting documentation (see Exhibit M., L. Supporting Document List)

1. Programs must address specific areas of needs within AlamedaCounty. A balance of services available throughout AlamedaCounty will be sought. Priority in the selection of proposals for funding will be given to those programs which meet the County program goals, as described in the above #2, b.

F.DEBARMENT/SUSPENSION POLICY:

In order to prohibit the procurement of any goods or services ultimately funded by Federal awards from debarred, suspended or otherwise excluded parties, each bidder will be screened at the time of RFP response to ensure bidder, its principal and their named subcontractors are not debarred, suspended or otherwise excluded by the United States Government in compliance with the requirements of 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549.

• The County will verify bidder, its principal and their named subcontractors are not on the Federal debarred, suspended or otherwise excluded list of vendors located at and
• Bidders are to complete a Debarment and Suspension Certification form, Exhibit N attached, certifying bidder, its principal and their named subcontractors are not debarred, suspended or otherwise excluded by the United States Government.

G.DELIVERABLES/REPORTS

1. Required monthly statistical reports, will include, but are not limited to:

1. Referrals:

1)Number of referrals

2)From where referred

3)Dispositions of such referrals

1. Number of calls/inquiries for services and their disposition

1. Mediations:

1)Number of mediations

a)# of free mediations provided

b)# of fee based mediations provided

2)General topic area

3)City of participants

4)Duration range (less than 3hours, 3 to 6hours, more than 6hours)

5)Average duration

6)Disposition

1. Conciliations:

1)Number of conciliations

2)General topic area

3)City of participants

4)Duration range (less than 3hours, 3 to 6hours, more than 6hours)

5)Average duration

6)Disposition

1. Volunteers:

1)Number of volunteers

2)Cities of residence

3)Hours of training (less than 25hours, etc…)

1. Training Events:

1)Number of training events offered by vendor

2)Attendance

1. Number of consumer feedback forms returned

III.INSTRUCTIONS TO BIDDERS

H.COUNTYCONTACTS

GSA-Purchasing is managing the competitive process for this project on behalf of the County. All contact during the competitive process is to be through the GSA-Purchasing Department only.

The evaluation phase of the competitive process shall begin upon receipt of sealed bids until a contract has been awarded. Bidders shall not contact or lobby evaluators during the evaluation process. Attempts by Bidder to contact evaluators may result in disqualification of bidder.

All questions regarding these specifications, terms and conditions are to be submitted in writing, preferably via e-mail by12:00 Noon on Monday, March 22, 2010 to:

Jennifer Chan, Contracts Specialist II

AlamedaCounty, GSA-Purchasing

1401 Lakeside Drive, Suite 907

Oakland, CA 94612

E-Mail:

FAX: 510-208-9626

The GSA Contracting Opportunities website will be the official notification posting place of all Requests for Interest, Proposals, Quotes and Addenda. Go to to view current contracting opportunities.

I.CALENDAR OF EVENTS

Event / Date/Location
Request Issued / March 12, 2010
Written Questions Due / by12:00 Noon on March 22, 2010
Networking/Bidders Conference / March 25, 2010 @ 10:00 a.m. / at:General Services Agency
Room 201, 2ndFloor
1401 Lakeside Drive
Oakland, CA94612
Networking/Bidders Conference / March 26, 2010 @ 2:00p.m. / at: Fremont Main Library
Fukaya Room A
2400 Stevenson Boulevard
Fremont, CA94538
Addendum Issued / March 31, 2010
Response Due / April 14, 2010by2:00 p.m.
Evaluation Period / April 15 – May 7, 2010
Vendor Interviews / April 27-28, 2010
Board Letter Issued / May 7, 2010
Board Award Date / June 8, 2010
Contract Start Date / July 1, 2010

Note:Award and start dates are approximate.

It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition. By the submission of a Bid, theBidder certifies that if awarded a contract they will make no claim against the County based upon ignorance of conditions or misunderstanding of the specifications.

J.NETWORKING/BIDDERS CONFERENCE

Networking/bidders conferences will be held to:

• Provide an opportunity for small and local and emerging businesses (SLEBs) and large firms to network and develop subcontracting relationships in order to participate in the contract(s) that may result from this RFP.
• Provide an opportunity for bidders to ask specific questions about the project and request RFP clarification.
• Provide the County with an opportunity to receive feedback regarding the project and RFP.

Written questions submitted prior to the networking/bidders conference), in accordance with the Calendar of Events, and verbal questions received at the networking/bidders conferences, will be addressed whenever possible at the networking/bidders conferences. All questions will be addressed and the list of attendees will be included in an RFP Addendum following the networking/bidders conferences in accordance with the Calendar of Events.

Potential bidders are strongly encouraged, but not required, to attend a networking/bidders conference in order to further facilitate subcontracting relationships. Vendors who attend a networking/bidders conference will be added to the Vendor Bid List (see Exhibit L).

Failure to participate in a networking/bidders conference will in no way relieve the Contractor from furnishing goods and/or services required in accordance with these specifications, terms and conditions. Attendance at a networking/bidders conference is strongly encouraged and recommended but is not mandatory.