To: Board of Supervisors
From: Monica Nino, County Administrator
Report Title: Contract for State Advocacy Services
☐Recommendation of the County Administrator ☒ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with Nielsen Merksamer for State Legislative Advocacy Services, with an initial term of three (3) years, with two (2) one-year options for extension, with a three-year payment limit of $587,640. (100% General Fund)
FISCAL IMPACT:
The initial three-year contract term will include a payment limit of $587,640. (100% General Fund)
BACKGROUND:
The County currently contracts with Nielsen Merksamer to provide State advocacy services and related lobbying compliance services in Sacramento. The firm has served as the County’s State advocates since 2002. The current state advocacy contract currently expires on June 30, 2025.
In compliance with the County’s purchasing policies, and in an ongoing effort to ensure competition for the best value for services, a Request for Qualifications was issued under the direction of the Legislation Committee in April 2025 in order to ensure continuous representation.
The calendar of major events related to the RFQs is below:
|
Event |
Date/Location |
|
Request Issued |
April 16, 2025 |
|
Written Questions Due |
by 12:00 p.m. (noon) on April 28, 2025 |
|
Response Due (initial) |
by 12:00 p.m. (noon) on May 6, 2025 |
|
Response Due (extended) |
by 12:00 p.m. (noon) on May 12, 2025 |
|
Interviews |
Week of May 19, 2025 via Zoom |
|
Legislation Committee Recommendation |
June 12, 2025 |
|
Board Award Date |
June 24, 2025 |
|
Contract Start Date |
July 1, 2025 |
On Monday, May 12, 2025 at noon, the requests for qualifications (RFQs) for state and federal Legislative Advocacy Services closed, following a one-week extension provided in an effort to receive additional responses.
Two separate RFQs were posted to BidNet: one for State services, and one for Federal. The two RFQs were posted to BidNet on May 6 to four categories:
• 91826 Communications: Public Relations Consulting
• 91832 Consulting Services (Not Otherwise Classified)
• 91858 Governmental Consulting
• 91564 Media Clippings, Outtakes, Critiques, Summaries, Legislative Bill Tracking Services, etc. (Incl. State, Local, Out-of-State and International)
In addition, a list of approximately 50 emails from state and federal lobbying firms that work with other urban California counties was uploaded into the system. Through these lists, 1,448 subscribers were notified and there were 28 document takers for the state opportunity.
Responses Received
A sealed bid process was used, which kept the contents of submissions confidential until unsealed following the final closure. At the original scheduled bid close time on May 6, only one submission was received for State advocacy services. Under the County’s purchasing policy, efforts are to be made to receive three formal bids. The deadline was extended by six (6) days to May 12 in an effort to receive additional bids. On May 6, a notification was issued to the two lists to alert interested parties of the extension.
While additional document takers accessed the materials during the extension, it yielded no additional bids. On May 12, one bid was received for the State opportunity, from Nielsen Merksamer. The bid opportunity was closed at noon on May 12, and bids were unsealed later that afternoon. On May 13-14, staff reviewed materials to ensure that they were responsive, before coordinating interviews.
Each firm invited to interview was provided with the same instructions by email. Interviews were 30 minutes each in length, conducted by Zoom. Each applicant was provided with approximately five minutes for an oral presentation to introduce their firm, team, services, and approach. Following the oral presentation, panelists asked follow-up questions. Visuals or slides were not required, however, sharing screen for slides or materials was permitted.
Interviews and Evaluation
Interviews were scheduled for Wednesday, May 21, in alignment with the published calendar of events. A panel of five evaluators served. Four evaluators were internal, representing Health Services, Employment and Human Services, Contra Costa Water Agency (Department of Conservation and Development), and Supervisor Burgis, the Chair of the Legislation Committee. An outside evaluator, who is the Legislative Director for another large urban county, also served on the panel.
Outcome and Panel Recommendation
Each evaluator used a scoring matrix to evaluate each firm’s written proposal and interview on the same criteria:
• Understanding of Program and Contra Costa County
• Approach to service provision & strategy
• Innovation & Special Resources
• Relevant Experience/Expertise of Key Personnel
• Oral Presentation & Interview
Following evaluation of the written materials and independently scored interviews, a consensus-based approach was used to select the recommended proposals. The panel unanimously recommended Nielsen Merksamer to provide state advocacy services.
A summary of the process, responses, and panel evaluation was provided to the Legislation Committee at their June 12, 2025 meeting. The Legislation Committee was asked to consider advancing a recommendation for award to the full Board of Supervisors. The Legislation Committee considered this matter at its June 12, 205 meeting, and recommended that the Board award the state advocacy contract to Nielsen Merksamer. The recommended contract will start July 1, 2025 to ensure continuous representation.
The initial term is recommended to be three years, with two options for one-year extensions, providing a maximum term of five years. The three-year payment limit associated with the initial term is $587,640. The contract price includes related lobbying compliance reporting services.
The contract is to be invoiced and paid on a monthly basis, at the following monthly rates:
• Year 1: $16,000/month
• Year 2: $16,320/month
• Year 3: $16,650/month
Year 1 pricing constitutes an increase of 6.7% over the current rate. However, the current rate has not increased in more than five years, since the prior agreement was executed in January 2020.
CONSEQUENCE OF NEGATIVE ACTION:
The County’s current representation for state advocacy and lobbying reporting services will expire on June 30, 2025.
Without taking action, the County’s representation will lapse, leaving the County without representation during a critical time in the State Legislative session. Additionally, the related representation and compliance services are necessary to ensure that the County and its staff comply with related state lobbying disclosure and reporting requirements.