Dear Firm Representative: Invitation for Bids for Armed and Unarmed Security Guard Services ADDENDUM NO. 1 ACKNOWLEDGEMENT NOTICE Included with this cover page please find Addendum No. 1 Modification to the September 18, 2007 Invitation for Bids for Armed and Unarmed Security Guard Services (IFB). Except as expressly modified by the attached Addendum No. 1, all other terms and conditions of the abovereferenced IFB are unchanged. Bidders must acknowledge receipt of this addendum by signing below and faxing this cover page as soon as possible to the SFMTA at 415-701-4736, attention: Lorraine Fuqua. Bidders must also submit the signed original of this addendum acknowledgement notice with their Bid. Failure to submit this signed original addendum acknowledgement notice with a Bid will result in the Bid being deemed non-responsive. If you have questions about this addendum acknowledgement notice, please send them by fax as indicated above, or by e-mail to lorraine.fuqua@sfmta.com. By signing below, I hereby acknowledge that I have received Addendum No. 1, consisting of this addendum acknowledgement notice and the pages that are attached hereto. Date received: Signature Print Name and Title Print Name of Firm One South Van Ness Avenue Seventh Fl. San Francisco, CA 94103 Tel: 415.701.4720 Fax: 415.701.4502 www.sfmta.com
SENT VIA ELETRONIC MAIL DATE: October 5, 2007 TO: FROM: SUBJECT: Prospective Bidders IFB-Armed and Unarmed Security Guard Services Lorraine Fuqua, Analyst, SFMTA Addendum No. 1 to Armed and Unarmed Security This Addendum is issued in response to issues raised by prospective Bidders regarding the September 18, 2007 IFB for Armed and Unarmed Security Guard Services. The IFB shall be modified as follows (new text is underlined, deleted portions are shown by strikethrough text): MODIFICATIONS TO IFB In response to issues raised by prospective Bidders, the IFB terms are hereby modified as set forth below: Modification No. 1: IFB BID DUE DATE AND BID OPENING DATE. (Page 1 of 50): Bid due date has been extended from October 15 at 12 Noon until October 19 at 12 Noon. Bid Opening has been postponed from October 16 at 2 p.m. until October 22, at 2 p.m. Modification No. 2: IFB MINIMUM QUALIFICATIONS Item #68A (Page 31 of 50) shall be modified to read as follows: A. Minimum Qualifications Each Bid that does not demonstrate compliance with the minimum qualifications listed in this Section 69 68 will be deemed non-responsive and will not be scored. 1. Documented Experience: The Bidder must have at least five (5) years direct experience managing both armed and unarmed security services for at least 15,000 7,500 hours per month for one organization. 2. Financial Solvency: Bidder must demonstrate $10 million to $15 at least $5 million per year of combined annual revenue or liquid current assets for the past three (3) years. a. Bidder must submit audited certified financial statements for the last five (5) years. If the Bidder s firm is a subsidiary of a larger organization, this information should be provided for both the parent and the Proposing entity. San Francisco Municipal Transportation Agency San Francisco Municipal Railway Department of Parking & Traffic One South Van Ness Avenue, Seventh Fl. San Francisco, CA 94103 Tel: 415.701.4500 Fax: 415.701.4430 www.sfmta.com
b. Five (5) years of financial statements demonstrating compliance with these financial solvency requirements will also be required from any subcontractor that is identified in a Bid with an anticipated level of participation in the Contract that would entitle them to payment of 30% or more of services provided. 3. The Contractor shall be licensed under the State of California, Private Investigators and Patrol Operators Adjustor's Act. The Contractor's license must not be currently under probation or suspension as set forth by the State of California, Department of Consumer Affairs. 4. Contractor shall be bonded and shall provide proof of bonding. Any bid that does not document that the Bidder meets these minimum requirements by the deadline for receipt of bids will be considered non-responsive and will not be scored. Modification No. 3: IFB TERMS RELATING TO BIDDING, Item #3 (page 2 of 50) shall be deleted from the document, as follows: 3. Bidding on Separate Services and in the Aggregate Bidders may bid separately for any service unless otherwise provided. Bidders may make an offer on one, some or all services, unless otherwise provided. Modification No. 4: IFB-TERMS RELATING TO BIDDING, Item #5 (page 3 of 50) shall be modified to read as follows: 5. Awards; Rejection of Bids SFMTA may make awards on one, some or all services in a bid. SFMTA reserves the right to reject any and all bids Modification No. 5: IFB SPECIAL CONDITIONS, Item #86 CPI Adjustment (page 41 of 50) shall be modified to read as follows: Commencing on the Effective Date of this Agreement and on each first anniversary of the Effective Date of the agreement (the "Anniversary Date") thereafter, rates for all categories listed in the bid document shall be adjusted on the first day of the month that immediately follows the Effective first Anniversary Date and on that same date in each succeeding year in direct proportion to the percentage increase in the Current CPI Index for Urban Wages Earners and Clerical Workers San Francisco-Oakland-San Jose Area for the month immediately preceding the applicable Anniversary Date ("Current Index") over the CPI index for the month of December 2007 ("Base Index"). In no case shall the rates, as adjusted, be less than the rates in effect immediately prior to the Anniversary Date. If the Current Index has increased over the Base Index, the adjusted Base Rate shall be determined Page 3 of 8
by multiplying the Base Rate by a fraction, the numerator of which is the Current Index and the denominator of which is the Base Index, as follows: Current Index Base Index X Base Rates = Adjusted Base Rates Modification No. 6: IFB GENERAL CONDITIONS, Item #30 (page 12 of 50) shall be modified to read as follows: 33. CONTRACT EXTENSION This contract may be extended, all or in part, for a period or periods of up to 2 years, either through 2 1-year extensions or through a 2-year extension, by mutual agreement in writing. The maximum contract period shall not be more than 4 5 years. Modification No. 7: IFB BID QUESTIONNAIRE, Item #3 (page 44 of 50) shall be modified to read as follows: 3. California Business License Number: PPO # (Private Patrol Operators number) Expiration Date: Modification No. 8: IFB SPECIAL CONDITIONS, Item #89 (page 42 of 50 shall be modified to read as follows: 89. BID SUBMITTAL INSTRUCTIONS Bids must be received at the SFMTA, #1 South Van Ness Avenue, 7 th Floor, San Francisco, CA 94103 by the time and date indicated on Page 1 of the Contract Proposal. Bids transmitted by FAX or any type of electronic mail will not be accepted. Bidders are to return the required documents, which include as follows: A. Page 1 of the Contract Proposal completed and signed B. One (1) sealed copy Bid Sheet(s) for items being bid (page 43 of 50). Bids must be submitted on the enclosed Bid Sheet. Prices should be clearly written by typewriter or pen and ink. C. Verification of Minimum Qualifications (See Special Condition No. 68, page 31 of 50). Bidder must complete Appendix 4 "Background Questionnaire" which is attached to this addendum. C. D. All additional questionnaires and forms completed and signed (See Standard Bid Forms, P-225 and Attestation Statements Appendices 1, 2 and 3 attached to this Contract Proposal) Page 4 of 8
i. Bid Questionnaire (IFB page 44 of 50) ii. Company Information (IFB page 45-6 of 50) iii. References (IFB page 47 of 50) iv. Standard Bid Forms as outlined (IFB, begins after "page 47 of 50") v. Appendices 1, 2 and 3 (IFB, begins after "Standard Bid Forms" listing Attestation and certification Documents) vi. HRC Attachment 3 (IFB, begins after Appendix 3; 22 pages, although pagination error caused last page to be numbered "22 of 24"). Corrected copy has been posted to the City's bids database at: http://mission.sfgov.org/ocabidpublication. D. E. Bid Security (See Special Condition No. 70) E. F. Bidders shall mail bid in an envelope clearly marked with the bid number "SFMTA SECURITY GUARD SERVICES" and due date in the lower left corner. F. G. Template Reports and Billing Formats in electronic and hard copy. H. Signed originals of any Addenda distributed regarding the Security Guard Services IFB. G. Reference Checks - 3 Bids must be submitted on the enclosed Bid Sheet(s). Prices should be clearly written by typewriter or pen and ink To receive full consideration, your bid should be unqualified and unconditional. Bids must be good for 180 days after Bid due date. For more information, e-mail lorraine.fuqua@sfmta.com or call 415-701-4678. Lorraine Fuqua, SFMTA (415) 701-4678 Page 5 of 8
OBJECTIONS TO IFB TERMS Following are the SFMTA responses to concerns raised regarding provisions of the IFB. Issue: Minimum Qualifications: As of October 4, 2007, three (3) bidders have submitted written statements regarding the minimum requirements of the contract, and have asked that these requirements be reviewed. These requests are attached. SFMTA Response to Issue: The Minimum Qualifications have been modified as stated in Modification No. 2 of Addendum 1. * * * Should a Proposer object on any ground to any provision or legal requirement set forth in this Addendum No.1, the Proposer must, not more than five (5) calendar days from the date of this Addendum, provide written notice to SFMTA setting forth with specificity the grounds for the objection to the contact person listed in Section VI.B of the IFB. The failure of a Proposer to object in the manner set forth in this paragraph shall constitute a complete and irrevocable waiver of any such objection. Thank you for your input and participation in this process. Page 6 of 8
Bidder A (submitted October 3, 2007) BIDDER LETTERS SUBMITTED "This is just a follow up on the issue we touched on in yesterdays meeting. On page 31 of 50 No 68. It quotes BIDDER'S / CONTRACTOR'S QUALIFICATIONS. Each Bid that does not demonstrate compliance with the minimum qualifications listed in this Section 69 will be deemed non-responsive and will not be scored. 1. Documented Experience: 5 yrs direct experience managing both armed and unarmed security services for at least 15,000 hours per month for one organization. 2. Financial Solvency: Bidder must demonstrate $10 million to 15 million per year of combined annual revenue or liquid current assets for the past three (3) years. Under these restrictions over half of the bidders are disqualified. Also when this contract was initially awarded (1998-1999 time-line) the Contractor was a small company with revenues less than 1 million per year. So the requirements contradict the goal of supporting local small to medium companies. Just an issue for us and many others. I understand we are all under a bit of a time constraint at this time as well to get the bids in or not. Any information you may come across would be a great help. Thank you for your time." Bidder B (Submitted October 4, 2007) "***** is a Minority owned, Small Disadvantaged Business, SBA certified 8(a) firm. We would like to request a reconsideration of the minimum qualification requirements of contractor s for the San Francisco Municipal Transportation Agency. Documented Experience and Financial Solvency Requirements on pg. 31 of the Bid and Contract Conditions almost exclude all small businesses. If the experience requirement may be amended to one to two years direct experience and if the limitation of services to one organization be amended to two or three, that will allow us and many other competitors to submit their proposals. In addition, if the financial statements requirement may be changed to a maximum of $ 10 million per year for the past three years, or an average of $10 million per year for the past three years, we would truly appreciate it. Thank you for considering our request." Page 7 of 8
Bidder C (submitted October 4, 2007) "This email is written to address the issues and concerns mentioned in the Pre-Bid meeting on October 2, 2007 regarding Contractor s Qualifications. I am responding as a Local Business Enterprise and Small Business Enterprise. We meet the qualifications documenting five (5) years of direct experience. However, we lack in financial solvency. SFMTA invites small businesses to respond to their Request for Proposal but makes it unrealistic to meet the qualifications as an SBE and LBE. Our combined revenue will not meet the $10-$15 million qualification. As well, because of the cost of an audited financial statement we have elected to do without this luxury. I hope you will take into consideration the concerns of all LBE s and adjust these qualifications." Page 8 of 8
San Francisco Municipal Transportation Agency (SFMTA) Invitation for Bids-Security Services Appendix 4--Background Questionnaire EXPERIENCE AND FINANCIAL RESPONSIBILITY OF BIDDER THE COMPLETED BACKGROUND QUESTIONNAIRE MUST BE SUBMITTED WITH BID. The following statements as to experience and financial qualifications of the Bidder are submitted with the bid as a part thereof and the truthfulness and accuracy of the information are guaranteed by the Bidder: 1. NAME: (Print name of corporation, individual or firm name under which business is to be conducted, as it is to appear on the general services agreement. 2. MAILING ADDRESS: Street Address/P.O. Box City State Zip 3. BIDDER INTENDS TO DO BUSINESS AS A: Set forth with corporation, co-partnership, joint venture or individual.) 4. FULL NAME, TITLE AND ADDRESS of all the principal personnel of Bidder: If an individual, the name of the party proposing; if a co-partnership or joint venture the members of the co-partnership or joint venture; if a corporation the State of Incorporation, the president, vice president and secretary PERSONNEL 0F BIDDER: (Full name - Do not use initials) A. Contact Person: First Name Middle Name Last Name Title or Position (Co-Partner, joint venture, officer of corporation, or individual) Business Address City State Zip Code B. First Name Middle Name Last Name Title or Position (Co-Partner, joint venture, officer of corporation, or individual) Business Address City State Zip Code C. First Name Middle Name Last Name Title or Position (Co-Partner, joint venture, officer of corporation, or individual) Business Address City State Zip Code Attachment 4 Background Questionnaire Page 1 of 5
San Francisco Municipal Transportation Agency (SFMTA) Invitation for Bids-Security Services 5. List of organizations for which the bidder has managed both armed and unarmed security services, for the past five years*: Name of Client Organization Beginning and End date of service: Number of Guard hours assigned monthly Example: Smith Corporation 4/5/2000 to present 7,700 *Note: The minimum qualifications, as amended in Addendum No. I, state the Contractor must manage security guard services for at least 7,500 hours per month for one organization. 6. Provide a brief history of the organization submitting the Bid. Attachment 4 Background Questionnaire Page 2 of 5
San Francisco Municipal Transportation Agency (SFMTA) Invitation for Bids-Security Services NOTE: IF THE ANSWER TO ANY OF THE ITEMS 7-12 IS YES, PLEASE EXPLAIN. 7. Has the Bidder ever defaulted on a Security Contract? 8. Has the Bidder ever requested release from a Security Contract? 9. Has the Bidder ever had a Security Contract canceled? 10. Has the Bidder ever been a party to any legal action or proceeding relating to a Security contract or lease? 11. Is the Bidder now in arrears on payments due on any security business or operation? 12.. Does the Bidder have any claims or liens pending against it or has it ever been the subject of such action taken by any governmental body for the non-payment of taxes, law violations or violations of any city, county, state or federal codes? Attachment 4 Background Questionnaire Page 3 of 5
San Francisco Municipal Transportation Agency (SFMTA) Invitation for Bids-Security Services 13. The following banks or other financial institutions can provide information as to the financial responsibility of the bidder. By signing below the authorized representative of the bidder gives permission to such banks and institutions to disclose to the SFMTA s authorized representative any financial information contained in its files or records. Name of Bank: Address: City, State: Name of Bank: Address: City, State: Name of Bank: Address: City, State: 14. Prior to award or confirmation of the agreement the SFMTA may require the successful bidder to furnish further information to enable it to determine the responsibility or capability of the undersigned to perform the terms and conditions of the proposed personal services agreement and bidder agrees to provide such information. 15. The bidders must submit their certified financial statements for the last three (3) years. Statements of a parent company or a holding company will not be accepted where a bid is submitted in the name of a subsidiary company; the statement of the subsidiary company will be required. All financial statements should be marked as follows: PROPRIETARY FINANCIAL DATA" Attachment 4 Background Questionnaire Page 4 of 5
San Francisco Municipal Transportation Agency (SFMTA) Invitation for Bids-Security Services VERIFICATION: The following individual is the authorized contact for this IFB and the SFMTA should refer all questions and information related to the IFB to this individual: Name of Firm Contact: Email Address: Phone Number: Fax Number: Street Address: Dated: Authorized Representative of Bidder Attachment 4 Background Questionnaire Page 5 of 5