Whistleblower Hotline

Agency:	City of Berkeley
State:	California
Type of Government:	State & Local
Category:	89 - Subsistence (Food)
Posted:	Oct 18, 2023
Due:	Nov 9, 2023
Solicitation No:	24-11630-C
Publication URL:	To access bid details, please log in.

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Finance Department

General Services Division

REQUEST FOR PROPOSALS (RFP)

Specification No. 24-11630-C

FOR

Whistleblower Hotline

PROPOSALS WILL NOT BE OPENED AND READ PUBLICLY

Dear Proposer:

The City of Berkeley is soliciting written proposals from qualified firms or individuals for whistleblower hotline

and case management software. As a Request for Proposal (RFP) this is not an invitation to bid and although price

is very important, other factors will be taken into consideration.

The project scope, content of proposal, and vendor selection process are summarized in the RFP (attached).

Proposals must be received no later than 2:00 pm, on Wednesday, November 8th, 2023. Proposals are to be

sent via email with the “Specification No. 24-11630-C and “Whistleblower Hotline” clearly indicated in the

subject line of the email. Please submit one (1) PDF of the technical Proposal with the filename saved as,

“Proposal Vendor Name - 24-11630-C Whistleblower Hotline.” Corresponding pricing proposal shall be

submitted as a separate document with the filename saved as, “Pricing Vendor Name - 24-11630-C

Whistleblower Hotline.”

Email Proposals to:

City of Berkeley

Finance Department/General Services Division

purchasing@berkeleyca.gov

Proposals will not be accepted after the date and time stated above. Incomplete proposal or proposals that do not

conform to the requirements specified herein will not be considered. Issuance of the RFP does not obligate the City

to award a contract, nor is the City liable for any costs incurred by the proposer in the preparation and submittal of

proposals for the subject work. The City retains the right to award all or parts of this contract to several bidders, to

not select any bidders, and/or to re-solicit proposals. The act of submitting a proposal is a declaration that the

proposer has read the RFP and understands all the requirements and conditions.

For questions concerning the anticipated work, or scope of the project, please contact Erin Mullin,

Whistleblower Program Manager, via email at EMullin@berkeleyca.gov no later than Wednesday, October

25th, 2023. Answers to questions will not be provided by telephone or email. Answers to all questions or any

addenda will be posted on the City of Berkeley’s site at Bid & Proposal Opportunities | City of Berkeley

(berkeleyca.gov). It is the vendor’s responsibility to check this site. For general questions concerning the submittal

process, contact purchasing at 510-981-7320.

We look forward to receiving and reviewing your proposal.

Sincerely,

Darryl Sweet

General Services Manager

2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7320 TDD: 510.981.6903

E-mail: purchasing@berkeleyca.org Website: cityofberkeley.info/finance/

City of Berkeley

Whistleblower Hotline

INTRODUCTION

Specification No. 24-11630-C

Page 2 of 20

Release Date 10/13/23

The City Auditor’s Office is seeking a qualified vendor to provide whistleblower hotline services for the general

public, employees, contractors, and other interested parties to report any activities of fraud, waste, or abuse

perpetrated by an employee or agent of the City which activities directly or indirectly have a detrimental effect on

the City. The whistleblower hotline will serve as an avenue for interested parties to voice their concerns via a web-

based platform or directly to a live person via phone in a confidential and if desired, anonymous manner.

II. BACKGROUND

State legislation encourages Cities to specifically focus on fraud, waste, and/or misuse of city resources through

whistleblower programs led by City Auditors. In 2009, California Government Code Section 53087.6 went into

effect, which enabled local government auditors to establish whistleblower programs and to provide whistleblower

protections. Local auditors are authorized under Section 53087.6 to create whistleblower programs with the

approval of their respective legislative bodies, and have discretion in how to operate their programs.

The City Council passed a resolution supporting the City Auditor’s plan to create and manage a whistleblower

program in the City of Berkeley on June 6th, 2023. The Berkeley City Auditor maintains a level of structural

independence well-suited for a whistleblower program, as they are elected by the public and do not report to the

City Manager or Council. The City Auditor is well-positioned due to their role in providing objective information

on the operations of government programs, assisting managers in carrying out their responsibilities, and helping

ensure full accountability to the public.

III. SCOPE OF SERVICES

The City Auditor’s Office will launch the whistleblower program in March of 2024. To assist with management of

the whistleblower program, the City Auditor’s Office is seeking a third-party vendor to provide whistleblower hotline

services.

The scope of this project will include 1) Cloud based Software 2) Live hotline answer service 3) Implementation

services and 4) Ongoing support and software maintenance services.

The Software and hotline service should contain the following elements:

• Case management: the whistleblower hotline system shall be able to compile reports of fraud, waste, or

abuse into a central database. Audit staff shall be able to follow a whistleblower complaint from intake to

close, and follow up on reports if necessary. System shall notify staff of any new data submitted.

• Anonymous reporting capabilities: The system shall allow employees, members of the public, contractors,

and other interested parties to make anonymous reports. The system shall have procedures in place to protect

data privacy.

• Multiple reporting options: There shall be multiple avenues available to report allegations of fraud, waste,

or abuse. These shall include a web-based intake form and a telephone number with a live customer service

agent. Reporting methods shall also include translation services.

• Performance metrics and data analytics: the system shall allow internal users to generate reports on metrics

such as the number of open whistleblower cases, the number of whistleblower complaints made in a given

time period, and the average time it takes to close a whistleblower case.

• Data retention: All data captured by the system shall be Berkeley-owned. The city may request a copy of

all data at any time. All data must be privately secured. Data must adhere to some data compliances such as

HIPPA, local and state government policies, and possibly others.

• Availability: System shall be available at all times 24 hours a day, 7 days a week, with the exception of

maintenance windows.

RFP Revised Nov2022

City of Berkeley

Whistleblower Hotline

Specification No. 24-11630-C

Page 3 of 20

Release Date 10/13/23

• Infrastructure: System shall be cloud based off premises.

Contract work will commence in January 2024 to begin implementing the hotline software. The Auditor’s Office

anticipates a three to five-year contract for hotline services. Once the contract is approved, the project management

team expects a six to 12-week implementation period. Implementation will include onboarding staff members into

the system and providing basic training on the software.

The contractor will complete all services listed for a certain amount of payment.

IV. SUBMISSION REQUIREMENTS

All proposals shall include the following information, organized as separate sections of the proposal. The proposal

should be concise and to the point.

1. Contractor Identification:

Provide the name of the firm, the firm's principal place of business (see section VII, F. – Local Vendor

Preference), the name and telephone number of the contact person and company tax identification number.

2. Client References:

Provide a minimum of 3 client references. References should be California cities or other large public sector

entities. Provide the designated person's name, title, organization, address, telephone number, and the project(s)

that were completed under that client’s direction.

3. Software and Implementation Services Proposal:

a. Provide an overview of the software solution and details surrounding back-office, public portal, and reporting

services. Please highlight areas where the solution will address both the City’s requirements detailed in the

Scope of Services. Please include screenshots of the software where appropriate.

b. Provide an overview of the implementation services included as outlined in the Scope of Services above.

Key areas to include:

i) Project management

ii) Project timeline

iii) Resources required

iv) Configuration

v) Training

vi) Go Live support

c. Provide an overview of Hosting and Support services included as outlined in the Scope of Services above.

Please include specifics around:

i) Support services

ii) Ongoing maintenance including upgrades, enhancements, and patches

4. Price Proposal:

The proposal shall include pricing for all services. Pricing shall be all inclusive unless indicated otherwise. Pricing

proposals shall be a separate document. The Proposal shall itemize all services, including hourly rates for all

professional, technical and support personnel, and all other charges related to completion of the work shall be

itemized. Evaluation of price proposals are subject to the local vendor business preference (see section VII.F.)

RFP Revised Nov2022

City of Berkeley

Whistleblower Hotline

Specification No. 24-11630-C

Page 4 of 20

Release Date 10/04/23

5. Contract Terminations:

If your organization has had a contract terminated in the last five (5) years, describe such incident.

Termination for default is defined as notice to stop performance due to the vendor’s non-performance or poor

performance and the issue of performance was either (a) not litigated due to inaction on the part of the vendor,

or (b) litigated and such litigation determined that the vendor was in default.

Submit full details of the terms for default including the other party’s name, address, and phone number. Present

the vendor’s position on the matter. The City will evaluate the facts and may, at its sole discretion, reject the

proposal on the grounds of the past experience.

If the firm has not experienced any such termination for default or early termination in the past five (5) years, so

indicate.

V. SELECTION CRITERIA

The following criteria will be considered, although not exclusively, in determining which firm is hired.

1. Software and Services

30 points

2. Project Approach

25 points

3. Expertise & References

25 points

4. Costs*

15 points

5. Thoroughness, logic, and completeness of proposal

5 points

* Effective 1/1/2022. Local Vendor Preference. For the purposes of comparing pricing as part of this competitive

RFP for goods up to $100,000 or non-professional services up to $250,000, 5% shall be deducted from the bid price

proposal from any local Berkeley vendor.

A selection panel will be convened of staff to evaluate and score submittals.

VI. PAYMENT

Invoices: Invoices must be fully itemized, and provide sufficient information for approving payment and audit.

Invoices must be accompanied by receipt for services in order for payment to be processed. Email invoices to

Accounts Payable and cc’ EMullin@berkeleyca.gov; (List on invoice, Attn: Project Manager Erin Mullin/City

Auditor’s Office) and reference the contract number.

City of Berkeley

Accounts Payable

P.O. Box 700

Berkeley, CA 94710-700

Email: AccountsPayable@berkeleyca.gov

Phone: 510-981-7310

Payments: The City will make payment to the vendor within 30 days of receipt of a correct, approved and complete

invoice.

RFP Revised Nov2022

City of Berkeley

Whistleblower Hotline

Specification No. 24-11630-C

Page 5 of 20

Release Date 10/04/23

VII. CITY REQUIREMENTS

A. Non-Discrimination Requirements:

Ordinance No. 5876-N.S. codified in B.M.C. Chapter 13.26 states that, for contracts worth more than $3,000 bids

for supplies or bids or proposals for services shall include a completed Workforce Composition Form. Businesses

with fewer than five employees are exempt from submitting this form. (See B.M.C. 13.26.030)

Under B.M.C. section 13.26.060, the City may require any bidder or vendor it believes may have discriminated

to submit a Non-Discrimination Program. The Contract Compliance Officer will make this determination. This

applies to all contracts and all consultants (contractors). Berkeley Municipal Code section 13.26.070 requires that

all contracts with the City contain a non-discrimination clause, in which the contractor agrees not to discriminate

and allows the City access to records necessary to monitor compliance. This section also applies to all contracts

and all consultants.

Bidders must submit the attached Non-Discrimination Disclosure Form with their proposal.

B. Nuclear Free Berkeley Disclosure Form:

Berkeley Municipal Code section 12.90.070 prohibits the City from granting contracts to companies that

knowingly engage in work for nuclear weapons. This contracting prohibition may be waived if the City Council

determines that no reasonable alternative exists to doing business with a company that engages in nuclear

weapons work. If your company engages in work for nuclear weapons, explain on the Disclosure Form the nature

of such work.

Bidders must submit the attached Nuclear Free Disclosure Form with their proposal.

C. Oppressive States:

The City of Berkeley prohibits granting of contracts to firms that knowingly provide personal services to specified

Countries. This contracting prohibition may be waived if the City Council determines that no reasonable

alternative exists to doing business with a company that is covered by City Council Resolution Nos. 59,853-N.S.,

60,382-N.S., and 70,606-N.S. If your company or any subsidiary is covered, explain on the Disclosure Form the

nature of such work.

Bidders must submit the attached Oppressive States Disclosure Form with their proposal.

D. Sanctuary City Contracting Ordinance:

Chapter 13.105 of the Berkeley Municipal Code prohibits the City from granting and or retaining contracts with

any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs

Enforcement Division of the United States Department of Homeland Security (“ICE”).

Bidders must submit the attached Sanctuary City Compliance Statement with their proposal.

E. Conflict of Interest:

In the sole judgment of the City, any and all proposals are subject to disqualification on the basis of a conflict of

interest. The City may not contract with a vendor if the vendor or an employee, officer or director of the proposer's

firm, or any immediate family member of the preceding, has served as an elected official, employee, board or

commission member of the City who influences the making of the contract or has a direct or indirect interest in

the contract.

Furthermore, the City may not contract with any vendor whose income, investment, or real property interest may

be affected by the contract. The City, at its sole option, may disqualify any proposal on the basis of such a conflict

of interest. Please identify any person associated with the firm that has a potential conflict of interest.

RFP Revised Nov2022

This is the opportunity summary page. You are currently viewing an overview of this opportunity and a preview of the attached documentation. For more information, please visit the Publication URL Web page.

Whistleblower Hotline

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