00_RFP-26-801_Application_Manual_ADA.docx

REQUEST FOR PROPOSALS

FOSSIL GAS RELATED TECHNICAL ASSISTANCE

RFP-26-801

www.energy.ca.gov/contracts/ State of California California Energy Commission August 2026

Table of Contents

Attachments

1. Contractor Status Form

2. Darfur Contracting Act

3. DVBE Declarations Form (Std. 843)

4. Bidder Declaration Form (GSPD-05-105)

5. Contractor Certification Clauses

6. Client References

7. Budget Forms

8. Sample Standard Agreement

9. Iran Contracting Act Form

10. California Civil Rights Laws Certification

August 2026 Page ii RFP-26-801 Fossil Gas Related Technical Assistance I. Introduction Purpose of RFP

The California Energy Commission’s (CEC) Natural Gas Unit paves the way for California’s reliable, affordable, and low-carbon energy future by providing transparent, data-driven, and actionable insights into the natural gas market and system. The Natural Gas Unit is seeking qualified technical consultants to assist our team with tasks on an as-needed basis. It is envisioned that the consultant would work with the Natural Gas Unit to scope and price a work authorization associated with the relevant task, which would be billed on a time and materials basis. Tasks may be related to the following topics: scenario modeling for clean fuels (RNG, hydrogen), scenario modeling for fossil gas pipeline decommissioning, gas supply and demand forecasting, gas rate modeling and forecasting, gas revenue requirement modeling, hydraulic modeling, or other relevant topics.

Key Activities and Dates Key activities including dates and times for this RFP are presented below. An addendum will be released if the dates change for the asterisked (*) activities.

Available Funding and How Award is Determined There is up to $600,000, $300,000 per year over the course of two years available for the contract resulting from this RFP. This is an hourly rate plus cost reimbursement contract and the award will be made to the responsible Bidder receiving the highest points.

Of this amount $300,000 is immediately available. The remaining balance of $300,000 from fiscal year (FY) 2027-2028 may be available contingent upon approval of the CEC’s 2027-2028 Budgets. Funding shall be subject to the appropriation and availability for that purpose in the 2026-2027 Governor’s Budget. In the event funds are not available, the CEC shall have no further liability with regard to the agreement.

The CEC reserves the right to reduce the contract amount to an amount deemed appropriate in the event the budgeted funds do not provide full funding of Energy Commission contracts. In this event, the Contractor and Commission Agreement Manager (CAM) shall meet and reach agreement on a reduced scope of work commensurate with the level of available funding.

Eligible Bidders This is an open solicitation for public and private entities. Each agreement resulting from this solicitation includes terms and conditions that set forth the Contractor’s rights and responsibilities. Private sector entities must agree to use the attached standard terms and conditions (Attachment 8). The University of California, California State University, or U.S. Department of Energy National Laboratories must use either the standard or the pre-negotiated terms and conditions located at: (DGS Lab Terms). The Energy Commission will not award agreements to non-complying entities. The Energy Commission reserves the right to modify the terms and conditions prior to executing agreements.

All corporations, limited liability companies (LLCs), limited partnerships (LPs) and limited liability partnerships (LLPs) that conduct intrastate business in California are required to be registered and in good standing with the California Secretary of State (SOS) prior to its project being recommended for approval at an Energy Commission business meeting. If not currently registered with the California Secretary of State, bidders are encouraged to contact the Secretary of State’s Office as soon as possible to avoid potential delays in beginning the proposed project(s) (should the application be successful). For more information, visit the SOS website at https://www.sos.ca.gov/. Sole proprietors using a fictitious business name must be registered with the appropriate county and provide evidence of registration to the Energy Commission prior to their project being recommended for approval at an Energy Commission Business Meeting.

Pre-Bid Conference There will be one (1) Pre-Bid Conference. Participation in this meeting is optional but encouraged. The Pre-Bid Conference will be held remotely through Zoom at the date, time, and location listed below.

Applicants may attend the workshop via the Internet (Zoom, see instructions below), or via conference call on the date and at the time listed below. Please contact the Commission Agreement Officer (CAO) listed on the next page or refer to the CEC’s website at https://www.energy.ca.gov/funding-opportunities/solicitations to confirm the date and time.

Date: September 4, 2026 Time: 10:00 a.m. – 11:30 a.m.

(Pacific Standard Time) Zoom Instructions:

To join the Zoom Meeting, go to https://zoom.us/join and enter the Meeting ID below. Select “join from your browser.” Participants will then enter the meeting password listed below and their name. Participants will select the “Join” button.

Webinar ID: 854 5954 0342 Meeting Passcode: 761365 Topic: Fossil Gas Related Technical Assistance Pre-Bid Conference Telephone Access Only:

Call +16692192599 (Toll-Free) or +12133388477 (Toll-Free). When prompted, enter the meeting number above. International callers may select a number from the Zoom International Dial-In Number List at https://energy.zoom.us/u/abEf4RINDr. To comment, dial *9 to “raise your hand” and *6 to mute/unmute your phone line.

Access by Mobile Device:

Download the application from the Zoom Download Center at https://energy.zoom.us/download.

Technical Support:

· For assistance with problems or questions about joining or attending the meeting, please call Zoom Technical Support at 1-888-799-9666 extension 2. You may also contact the Public Advisor’s Office by email at publicadvisor@energy.ca.gov or by telephone at 916-269-9595.

· System Requirements: To determine whether your computer is compatible, visit https://support.zoom.us/hc/en-us/articles/201362023-System-requirements-for-Windows-macOS-and-Linux.

· If you have a disability and require assistance to participate, please contact Erica Rodriguez by email at erica.rodriguez@energy.ca.gov or by telephone at 916-764-5705 at least five (5) days in advance of the Pre-Bid Conference.

Questions During the RFP process, questions of clarification about this RFP must be directed to the Contracts Officer listed in the following section. You may ask questions at the Pre-Bid Conference, and you may submit written questions via electronic mail. However, all questions must be received by 5:00 pm on the day of the Pre-Bid Conference.

The questions and answers will be posted on the Commission’s website at https://www.energy.ca.gov/funding-opportunities/solicitations.

Any verbal communication with a CEC employee concerning this RFP is not binding on the State and shall in no way alter a specification, term, or condition of the RFP. Therefore, all communication should be directed in writing to the Energy Commission’s Agreement Officer assigned to the RFP.

Contact Information Enrico Palo, Commission Agreement Officer California Energy Commission 715 P Street, MS-18 Sacramento, California 95814 E-mail: Enrico.Palo@energy.ca.gov Responses to this RFP Responses to this solicitation shall be in the form of an Administrative, Technical and Cost Proposal according to the format described in this RFP. The Administrative response shall include all required administrative documents. The Technical Proposal shall document the Bidder’s approach, experience, qualifications, and project organization to perform the tasks described in the Scope of Work, and the Cost Proposal shall detail the Bidder’s budget to perform such tasks.

II. Scope of Work and Deliverables About This Section This section describes the contract scope of work, deliverables and due dates under the direction of the CAM.

Background The chosen “Contractor” will assist the Natural Gas Unit by performing the tasks specified in this Scope of Work under the direction of the CEC’s CAM. The CAM will oversee the management and administration of the agreement. The resulting agreement will include defined tasks for Task 1. Additionally, Work Authorizations (WAs) can be used on an as-needed basis as described below. The specific activities and the degree of effort for each activity may vary. Work assigned through WAs will depend on availability of funding as well as the CEC’s demand for service as determined by the CAM.

WORK AUTHORIZATIONS

The Agreement that results from this solicitation shall be conducted as a “work authorization” Agreement except for Task 1 work. For Task 2, no work shall be undertaken unless authorized by the CAM through a specific written document called a “work authorization.” The CAM will prepare and issue the written work authorizations and shall set a maximum price, budget, and schedule for the work to be performed. The CAM will work, in consultation with the Contractor, to assign work to either the Contractor or a Subcontractor.

TASK LIST

General Requirements or Goals and Objectives

TECHNICAL TASKS

Task 1- Agreement Management The goal of this task is to provide for overall administrative management of the contract by the Contractor. In addition to the specific tasks below, the Contractor’s Program Manager (PM) is responsible for directing the work performed by the Contractor Team to meet the objectives of the contract. The PM is also responsible for ensuring the quality and timely delivery of all deliverables, both technical and administrative from the Contractor Team. The PM will be the primary point of contact for the Contractor Team and is responsible for oversight of all work under this contract. The PM is also responsible for managing all subcontractor work, including ensuring quality products, enforcing subcontractor Agreement provisions, and in the event of failure of the subcontractor to satisfactorily perform services, recommending solutions to resolve the problem.

Task 1.1 Kick-off Meeting The goal of this task is to establish the lines of communication and procedures for implementing this Agreement.

The Contractor shall:

· Attend a “kick-off” meeting with the CAM and a representative of the CEC Accounting Office. The meeting will be held via Zoom or teleconference. The Contractor shall include their Project Manager, Contracts Administrator, Accounting Officer, and others designated by the CAM in this meeting. The administrative and technical aspects of this Agreement will be discussed at the meeting.

· If necessary, prepare an updated Schedule of Deliverables based on the decisions made in the kick-off meeting.

The CAM shall:

· Arrange the meeting including scheduling the date and time.

· Provide an agenda to all potential meeting participants prior to the kick-off meeting.

Deliverables:

· An Updated Schedule of Deliverables (if applicable)

Task 1.2 Invoices The Contractor shall:

· Prepare invoices for all reimbursable expenses incurred performing work under this Agreement in compliance with the Exhibit B of the Terms and Conditions of the Agreement. Invoices shall be submitted with the same frequency as progress reports (task 1.3). Invoices must be submitted to the CEC’s Accounting Office.

Deliverables:

· Invoices

Task 1.3 Progress Reports The goal of this task is to periodically verify that satisfactory and continued progress is made towards achieving the objectives of this Agreement.

The Contractor shall:

· Prepare progress reports which summarize all Agreement activities conducted by the Contractor for the reporting period, including an assessment of the ability to complete the Agreement within the current budget and any anticipated cost overruns. Each progress report is due within 15 calendar days after the end of the reporting period. The CAM will provide the format for the progress reports.

Deliverables:

· Monthly Progress Reports Task 1.4 Work Authorizations The goal of this task is to develop and manage all technical and budgetary aspects of work authorizations (WA) in accordance with the requirements of this Agreement for work to be performed under Technical Task 2.

The Contractor shall:

· Help prepare WAs in accordance with the contract requirements.

· The WA format and content shall be specified by the CAM.

· The WA end date should be no later than 60 days prior to the term end date of the Agreement.

· Submit all required WA Documents to the CAM.

· Administer WAs.

· Establish and maintain contractual agreements with entities performing work.

· Develop project schedules.

· Manage Subcontractor activities in accordance with the Agreement terms and conditions.

· Provide oversight and first-level review of reports and documentation, and comment on the content of deliverables.

· Review and approve all WA invoices.

· Provide audit and accounting services for all WAs.

· Immediately report any significant variances affecting performance of WAs and recommend mitigation actions for consideration by the Project Manager and CAM. Examples of significant variances include the inability to submit deliverables by key WA due dates, unavailability of key personnel that will affect timely submittal of deliverables, and key technical issues that would require change in scope, redirection of the effort, or discontinuation of the project.

· Coordinate with the CAM to close out completed WAs and remaining unallocated balances.

· Monitor and track each WA and the overall agreement.

· Provide updated WA project schedules, as needed, and determine if each WA is on schedule and deliverables are satisfactory.

· Determine the fiscal status of each WA and the overall Agreement.

· Prevent cost overruns.

· Track the start, progress, and closure of each WA.

Deliverables:

· WA Documents Task 2 – Scenario modeling for clean fuels and fossil gas pipeline decommissioning The goal of this task is to provide technical expertise to the CEC’s Natural Gas Unit on scenario modeling for fossil gas pipeline decommissioning (eg: non-pipeline alternatives) and for clean and renewable hydrogen and fuels derived from biomass. This analysis will comply with state clean energy laws and requirements as outlined in legislation, notably SB 1075, SB 100, SB 1221, and SB 423.

At the direction of the CAM through a properly executed Work Authorization, the Contractor shall:

2.1 Provide expertise and analysis on the potential for fossil gas pipeline decommissioning opportunities driven by cost-effectiveness, equity, electrification propensity, feasibility, risk, and/or other factors as defined by the CAM. Working with the CAM, define various possible scenarios for fossil gas pipeline decommissioning. The analysis will be based on an assessment of existing customer and fossil gas pipeline data provided by the CAM and should include the impacts on gas system reliability, greenhouse gas emissions, utility revenue requirement and/or customer rates under different electrification pathways.

2.2 Provide expertise and analysis on pathways for serving “hard-to-electrify” customers with low carbon fuels (clean and renewable hydrogen and fuels derived from biomass). This analysis should provide the location and clean fuel needs for existing and expected “hard-to-electrify” customers. This analysis will assess various production technologies, feedstocks, storage, and delivery methods (e.g., dedicated pipelines, truck, ship) and compare costs (including local, state, and federal incentives and/or tax credits), technical feasibility, and impacts to existing fossil gas system reliability. This analysis should incorporate detailed characterization of hard-to-electrify customers, including load profiles.

Working with the CAM, define various possible scenarios for low carbon fuels. The analysis will be based on an assessment of existing customer and fossil gas pipeline data provided by the CAM and should include the impacts on gas system reliability, greenhouse gas emissions, utility revenue requirement and/or customer rates.

Documentation:

Provide support in developing models, calculations, reports and presentations on scenario analyses for audiences of different technical levels. Support may also be required with the development of dashboards in Tableau and/or GIS-based mapping for use by CEC internally or on the publicly available CEC website.

SCHEDULE OF DELIVERABLES AND DUE DATES

Note: Actual deliverables will be specified in each Work Authorization

· Summary of the kickoff to be included in the monthly progress report.

Monthly

III. Proposal Format, Required Documents, and Delivery About This Section This section contains the format requirements and instructions on how to submit a proposal. The format is prescribed to assist the Bidder in meeting State bidding requirements and to enable the CEC to evaluate each proposal uniformly and fairly. Bidders must follow all Proposal format instructions, answer all questions, and supply all requested data.

Required Format for a Proposal All proposals submitted under this RFP must be typed using a standard 11‑point font, single-spaced and a blank line between paragraphs. Pages must be numbered and sections titled. Section 2, Technical and Cost Proposal subsections A, B, and C should be no more than 20 pages. The page limit does not apply to Previous Work Products, client references, Budget forms or associated attachments.

Method for Delivery The method of delivery for this solicitation is the Energy Commission Grant Solicitation System, available at: https://gss.energy.ca.gov/. This online tool allows applicants to submit their electronic documents to the CEC prior to the date and time specified in this solicitation. Electronic files must be in Microsoft Word and Excel Office Suite formats unless originally provided in the solicitation in another format. Attachments requiring signatures may be scanned and submitted in PDF format. Completed Budget Forms, Attachment 7, must be in Excel format.

The deadline to submit applications through the CEC’s GSS is 11:59 p.m. The GSS system automatically closes at 11:59 p.m. If the full submittal process has not been completed before 11:59 p.m., your application will not be considered. NO EXCEPTIONS will be entertained.

The CEC strongly encourages Applicants to upload and submit all applications by 5:00 p.m. because CEC staff will not be available after 5:00 p.m. or on weekends to assist with the upload process. And please note that while we endeavor to assist all would-be Applicants, we can’t guarantee staff will be available for in-person consultation on the due date, so please plan accordingly.

Please give yourself ample time to complete all steps of the submission process: do not wait until right before the deadline to begin the process. Due to factors outside the CEC’s control and unrelated to the GSS system, upload times may be much longer than expected. For example, some past Applicants experienced unexpected issues on their end, causing long delays that prevented timely submission. They spent significant time and resources on applications the CEC will not consider. Please plan accordingly. For instructions on how to apply using the GSS system, please see the How to Apply document available on the CEC website at: https://www.energy.ca.gov/media/1654.

First time users must register as a new user to access the system. Applicants will receive a confirmation email after all required documents have been successfully uploaded. A tutorial of the system is available on the Energy Commission website under General Funding Resources. You may contact the Commission Agreement Officer identified in the Contact Information section of this solicitation for more assistance.

Hard copies or submissions via email or fax will not be accepted for this solicitation.

Organize Your Proposal As Follows SECTION 1, Administrative Response

Cover Letter Table of Contents

SECTION 2, Technical and Cost Proposal

Approach to Tasks in Scope of Work Organizational Structure Relevant Experience and Qualifications Client References Attachment 6 Previous Work Products Budget Forms Attachment 7. See also E below.

A. Approach to tasks in Scope of Work Describe the Bidder’s approach to providing services listed in the Scope of Work, highlighting any outstanding features, qualifications and experience.

B. Organizational Structure

1. Describe the organizational structure of the Bidder, including providing an organizational chart of the entire contract team.

2. Provide a short description of each firm and key members on the team. Describe the relationship between the Contractor and Subcontractors on your team.

3. Identify the location of the Bidder’s and Subcontractor’s headquarters and satellite office(s) and proposed methods of minimizing costs to the State.

4. Provide a current resume for all key team personnel, including job classification, relevant experience, education, academic degrees and professional licenses.

C. Relevant Experience and Qualifications Document the project team’s qualifications as they apply to performing the tasks described in the Scope of Work. Describe recently completed work as it relates to this Scope of Work.

Identify and list all Bidder staff and Subcontractors (all team members) who will be committed to the tasks and describe their roles.

D. Client References Each bidder shall complete Client Reference Forms. Three client references are required for the Contractor and three for each subcontractor (optional for subcontractor).

E. Previous Work Products Each bidder shall provide at least two examples of a similar work product for the services to be provided. If subcontractors will be providing technical support in a task area, each subcontractor shall also submit one example work product that demonstrates experience in potential work assignments described in this RFP.

It is not necessary to provide more than one copy of each work product example. Web links are acceptable.

F. Budget Forms

The Bidder must submit information on all of the attached budget forms and this will be deemed the equivalent of a formal Cost Proposal.

Detailed instructions for completing these forms are included at the beginning of Attachment 7.

Rates and personnel shown must reflect rates and personnel you would charge if you were chosen as the Contractor for this RFP. Bidder must include all people anticipated who will provide service on the Agreement. The Energy Commission may consider adding a person that the Bidder did not include in its Proposal. However, because the additional person might affect the Bidder's score or take additional time that the Energy Commission does not have or does not want to spend, the Energy Commission reserves the right to do any of the following, along with any other existing rights:

· Assess how the new person might affect the Bidder’s score, including possibly rescoring the Proposal

· Refuse to add the new person

· Add the new person.

Bidders are cautioned that they should include all team members in their Proposal. The Energy Commission does not want to be in the position of assessing additional persons after the Notice of Proposed Award.

The salaries, rates, and other costs entered on these forms become a part of the final agreement. The entire term of the agreement and projected rate increases must be considered when preparing the budget. The rates bid are considered capped and shall not change during the term of the contract. The Contractor shall only be reimbursed for their actual rates up to these rate caps. The labor rates shall be unloaded (before fringe benefits, overheads, general & administrative (G&A) or profit).

All budget forms are required because they will be used for the contract prepared with the winning Bidder.

NOTE: The information provided in these forms will not be kept confidential.

IV. Evaluation Process and Criteria About This Section This section explains how the proposals will be evaluated. It describes the evaluation stages, preference points, and scoring of all proposals.

Proposal Evaluation A Bidder’s proposal will be evaluated and scored based on their response to the information requested in this RFP. The entire evaluation process from receipt of proposals to posting of the Notice of Proposed Award is confidential.

To evaluate all Proposals, the Energy Commission will organize an Evaluation Committee. The Evaluation Committee may consist of Energy Commission staff or staff of other California state entities.

The Proposals will be evaluated in two stages:

Stage One: Administrative and Completeness Screening The Contracts Office will review Proposals for compliance with administrative requirements and completeness. Proposals that fail Stage One shall be disqualified and eliminated from further evaluation.

Stage Two: Technical and Cost Evaluation of Proposals Proposals passing Stage One will be submitted to the Evaluation Committee to review and score based on the Evaluation Criteria in this solicitation.

During the evaluation and selection process, the Evaluation Committee may schedule a clarification interview with a Bidder that will either be held by telephone or in person at the Energy Commission for the purpose of clarification and verification of information provided in the proposal. However, these interviews may not be used to change or add to the contents of the original Proposal.

The total score for each Proposal will be the average of the combined scores of all Evaluation Committee members.

After scoring is completed, Proposals not attaining a score of 70 percent of the total possible points will be eliminated from further competition.

All applicable Preferences will be applied to all Proposals attaining a minimum of 70 percent of the total possible points. The agreement shall be awarded to the responsible Bidder meeting the requirements outlined above, who achieves the highest score after application of Preferences.

Scoring Scale Using this Scoring Scale, the Evaluation Committee will give a score for each criterion described in the Evaluation Criteria Worksheet.

Notice of Proposed Award The Commission will post a Notice of Proposed Award (NOPA) on the Commission’s Web Site and will email the NOPA to all parties that submitted a proposal.

Scoring Criteria Maximum Points

1. Approach to Tasks in Scope of Work 40

The proposal provides the following in response to each of the criteria listed below:

Task 2. Scenario modeling for clean fuels and fossil gas pipeline decommissioning

a) Demonstrated understanding of the existing California fossil gas system, including an understanding of system supply, demand, reliability, storage, and transportation and correlation to utility rate-making.

b) Demonstrated understanding and experience with evaluating fossil gas pipeline decommissioning scenarios, including the impacts on factors such as gas system reliability, greenhouse gas emissions, utility revenue requirement and/or customer rates.

c) Demonstrated understanding and experience with evaluating low carbon fuels (clean and renewable hydrogen and fuels derived from biomass) scenarios, including the impacts on factors such as gas system reliability, greenhouse gas emissions, utility revenue requirement and/or customer rates.

d) Demonstrated ability and experience with gas hydraulic modeling, including the analysis of impacts to gas system reliability of various decommissioning and/or clean fuels scenarios.

e) Demonstrated breadth and depth of knowledge of utility rate making and the impacts of various scenarios upon utility rate requirements.

f) Demonstrated breadth and depth of knowledge of and experience with a range of low carbon fuel technologies, feedstocks, resources, and end uses (including hard to electrify sectors).

g) Demonstrated ability to generate high quality written reports and presentations to audiences of different technical levels, including the ability to create visual data to explain complex trends and issues and develop dashboards in Tableau and/or GIS-based maps.

h) Demonstrated experience applying scenario-based analysis to evaluate system transitions, including the ability to assess changes in system utilization, infrastructure needs, and system configuration under different pathways.

i) Demonstrated ability to evaluate and communicate tradeoffs across scenarios, including cost, feasibility, emissions, and system impacts, to support planning and policy decision-making.

2. Organizational Structure 10

a) Team composition demonstrated breadth and depth of experience with scope of work areas.

b) Demonstrated expertise of program manager to lead a cross-functional team relative to scope of work requirements.

c) Clearly defined functions to be performed by key team members and how the staffing pertains to this contract.

d) Resume provided for all key personnel (Bidder and Subcontractors) as defined by Bidder.

e) Demonstrates strong capability to manage personnel and sub-contractors effectively and efficiently.

f) Each Bidder shall complete Client Reference Forms for current (within the past three years) references. Three client references are required for the Contractor and three for each Subcontractor. References will be checked and scored accordingly.

3. Previous work products 20

a) Quality of example(s) of similar project(s) that were managed by the Bidder.

BUDGET AND COST EFFECTIVENESS

1. Total Expected Labor Cost 30

2. See Formula Below

Disabled Veteran Business Enterprise Preference Small/Micro Business Preference Non-Small Business Preference Target Area Contract Preference Act

TOTAL FINAL SCORE: 100

Cost Criteria Total Expected Labor Costs (30/30 Cost Points)

Step 1 Calculate each Individual’s Loaded Hourly Rate = DL + FB + Indirect + Profit (Separately for the Prime and each Subcontractor). This is documented on Attachment 7a in each workbook.

Step 2 The Bidder (Prime Contractor) will complete the Attachment 7b of the budget workbook. This form will calculate the Total Expected Labor Costs portion of the cost criteria.

Total Expected Labor Cost Points:

Lowest Proposal Total Expected Labor Cost = 100% of total possible points for this criteria All other proposals get a lower percentage of the possible points based on how close their proposal Total Expected Labor Cost is to the lowest proposal Total Expected Labor Cost as follows:

Lowest Proposal Total Expected Labor Cost / Other Proposal Total Expected Labor Cost = Other Proposal % of Possible Points Example:

Proposal A Total Expected Labor Cost: $85,347; Proposal B Total Expected Labor Cost: $90,242; Proposal C Total Expected Labor Cost: $87,249.

Proposal A: Lowest Proposal Total Expected Labor Cost = 100% possible points Proposal B: $85,347/$90,242 = 94.57% possible points Proposal C: $85,347/$87,249= 97.82% possible points Points Allocation (30 possible points):

Proposal A: 100% possible points = 30 points Proposal B: 94.57% possible points = 28.37 points Proposal C: 97.82% possible points = 29.35 points

V. Business Participation Programs (Preferences/Incentives) A Bidder may qualify for preferences/incentives as described below. Each Bidder passing Stage One screening will receive the applicable preference/incentive.

This section describes the following business participation programs:

· DVBE Participation Compliance Requirements

· Small Business/Microbusiness Preference

· Non-Small Business Preference

· Target Area Contract Act Preference

Disabled Veteran Business Enterprise (DVBE) Compliance Requirements

DVBE Participation Required This RFP is subject to a mandatory certified DVBE participation of at least three percent (3%).

Bidder or Subcontractor Suspension The Energy Commission shall reject a Proposal and shall not enter into a Contract if a Bidder or Subcontractor used by Bidder is currently suspended for violating DVBE law.

Two Methods to Meet DVBE Participation Requirement

· If Bidder is a DVBE, then Bidder has satisfied the participation requirements if it commits to performing at least 3% of the contract with the Bidder’s firm, or in combination with other DVBE(s).

· If Bidder is not a DVBE, Bidder can satisfy the requirement by committing to use certified DVBE Subcontractors for at least 3% of the contract.

Required Forms Bidders must complete Attachments 1, 3 and 4 to document DVBE participation. If Bidder does not include these forms, the Bid is considered non-responsive and shall be rejected.

· Contractor Status Form (Attachment 1).

Under the paragraph entitled: “Disabled Veteran Business Enterprise Participation Acknowledgement”, make sure to check the “yes” “DVBE Participation” box.

· DVBE Declarations Form (Std. 843) (Attachment 3)

· Bidder Declaration Form (GSPD-05-105) (Attachment 4) DVBE Definition For DVBE certification purposes, per Military & Veterans Code section 999(b)(6), a "disabled veteran" is:

· A veteran of the U.S. military, naval, or air service of the United States, including but not limited to, the Philippine Commonwealth Army, the Regular Scouts (“Old Scouts”), and the Special Philippine Scouts (“New Scouts”);

· The veteran must have a service-connected disability of at least 10% or more; and

· The veteran must be domiciled in California.

DVBE Certification and Eligibility

· To be certified as a DVBE, your firm must meet the following requirements in Military & Veterans Code section 999(b)(7):

(i) It is a sole proprietorship at least 51 percent owned by one or more disabled veterans or, in the case of a publicly owned business, at least 51 percent of its stock is unconditionally owned by one or more disabled veterans; a subsidiary that is wholly owned by a parent corporation, but only if at least 51 percent of the voting stock of the parent corporation is unconditionally owned by one or more disabled veterans; or a joint venture in which at least 51 percent of the joint venture’s management, control, and earnings are held by one or more disabled veterans.

(ii) The management and control of the daily business operations are by one or more disabled veterans. The disabled veterans who exercise management and control are not required to be the same disabled veterans as the owners of the business.

(iii) It is a sole proprietorship, corporation, or partnership with its home office located in the United States, which is not a branch or subsidiary of a foreign corporation, foreign firm, or other foreign-based business.

· DVBE limited liability companies must be wholly owned by one or more disabled veterans. Public Contract Code section 10115.9.

· Each DVBE firm listed on the DVBE Declarations Form (Std. 843) (Attachment 3) and on the Bidder Declaration Form (GSPD-05-105) (Attachment 4) must be formally certified as a DVBE by the Office of Small Business and DVBE Services (OSDS). The DVBE program is not a self-certification program. Bidder must have submitted application to OSDS for DVBE certification by the Bid due date to be counted in meeting participation requirements.

Printing / Copying Services Not Eligible DVBE Subcontractors cannot provide printing/copying services. For more information, see Section VI Administration, which states that printing services are not allowed in proposals.

To Find Certified DVBEs Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD), online certified firm database at The State of California Certifications Webpage. Search by “Keywords” or “United Nations Standard Products and Services Codes” (UNSPSC) that apply to the elements of work you want to subcontract to a DVBE. Check for Subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at California State Contracts Register Webpage. For questions regarding the online certified firm database and the CSCR, please call the OSDS at (916) 375-4940 or send an email to: OSDCHelp@dgs.ca.gov.

Commercially Useful Function DVBEs must perform a commercially useful function relevant to this solicitation, in order to satisfy the DVBE program requirements. California Code of Regulations, Title 2, section 1896.71 provides:

“(a) A DVBE contractor, subcontractor or supplier of goods and/or services that contributes to the fulfillment of the contract requirements, shall perform a Commercially Useful Function (CUF) for each contract.

(b) A DVBE contractor, subcontractor, or a supplier of goods and/or of services is deemed to perform a CUF if the business does all of the following:

(1) Is responsible for the execution of a distinct element of work of the contract (including the supplying of services and goods);

(2) Carries out its obligation by actually performing, managing, or supervising the work involved;

(3) Performs work that is normal for its business services and functions;

(4) Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment;

(5) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

(c) A contractor, subcontractor or supplier will not be considered to perform a commercially useful function if its role is limited to that of an extra participant in the transaction, contract or project through which funds are passed in order to obtain the appearance of DVBE participation.

(d) Contracting/procurement officials of the awarding department must:

(1) Evaluate if a DVBE awarded a contract meets the CUF requirement as defined in subdivision (b), and

(2) During the duration of the contract, monitor for CUF compliance (See State Contracting Manual Volume 1 Chapter 8 and Volumes 2 and 3, Chapter 3).

(e) If a CUF evaluation identifies potential program violations, awarding departments shall investigate and report findings to OSDS, referring to §§ 1896.88, 1896.91 and the State Contracting Manual.”

Compliance with Law; Information Verified Bidder shall comply with all rules, regulations, ordinances, and statutes that apply to the DVBE program as defined in Military & Veterans Code sections 999 and 999.5(d). Information submitted by the Bidder to comply with this solicitation’s DVBE requirements will be verified. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of Public Contract Code section 10115, et seq., and Military & Veterans Code section 999 et seq., and follow the investigatory procedures required by California Code of Regulations Title 2, section 1896.90 et. seq. Contractors found to be in violation of certain provisions may be subject to loss of certification, penalties, sanctions, civil actions and/or contract termination.

DVBE Report Upon completion of the contract for which a commitment to achieve DVBE participation was made, the Contractor that entered into a subcontract with a DVBE must certify in a report to the Energy Commission: 1) the total amount the prime Contractor received under the contract; 2) the name and address of the DVBE(s) that participated in the performance of the contract and the contract number; 3) the amount and percentage of work the Contractor committed to provide to one or more DVBEs under the requirements of the Contract and the amount each DVBE received from the Contractor.; 4) that all payments under the contract have been made to the DVBE(s) (Energy Commission may require proof that payment was made); and 5) the actual percentage of DVBE participation that was achieved. If the Energy Commission does not receive the report, the Commission shall provide notice to the Contractor and if still not received, shall withhold $10,000 (or full payment if less than $10,000) from Contractor’s final payment. (For more details about the $10,000 withholding, see specific Agreement language in the Sample Agreement Example, Exhibit D, paragraph 4.) A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. Military & Veterans Code section 999.5(d).

The Office of Small Business and DVBE Services (OSDS) OSDS offers program information and may be reached at:

Department of General Services Office of Small Business and DVBE Services 707 3rd Street, 1st Floor, Room 400 West Sacramento, CA 95605 DGS Website Phone: (916) 375-4940 E-mail: OSDSHelp@dgs.ca.gov DVBE Law

· Public Contract Code section 10115 et seq.

· Military & Veterans Code section 999 et. seq.

· California Code of Regulations Title 2, section 1896.60 et. seq.

DVBE Incentive The information below explains how the incentive is applied and how much of an incentive will be given.

How the Incentive is Applied:

The DVBE incentive is applied during the evaluation process and only to responsive Proposals/Bids from responsible Bidders. The incentive will vary in conjunction with the percentage of DVBE participation.

The Incentive is applied by adding the incentive to the Proposal/Bid for Bidders that include more than the minimum required 3.00% DVBE participation. In other words, if a Bidder includes 3.01% DVBE participation or greater, it will receive the DVBE incentive. If you include 3% DVBE participation, you will not receive the incentive. You will only receive the incentive, if you include 3.01% or greater DVBE participation.

The DVBE Incentive Program may be used in conjunction with the Small Business preference which gives a 5% preference to small business Bidders or 5% to non-small business Bidders committed to subcontracting 25% of the overall Bid with small businesses.

How Incentive Amount is Calculated:

Solicitations based on High Point will calculate the incentive as described below: Incentive points are included in the sum of non-cost points. The percentage is based on the total possible available points not including preference points for small/micro business, non-small business or TACPA. Incentive points cannot be used to achieve any applicable minimum point requirements.

DVBE

Participation Level DVBE Incentive Points

Required Forms:

· Contractor Status Form (Attachment 1).

· DVBE Declarations Form (Std. 843) (Attachment 3)

· Bidder Declaration Form (GSPD-05-105) (Attachment 4) DVBE Incentive Law

· Military & Veterans Code section 999.5(a)

· California Code of Regulations Title 2, section 1896.99.100 et.seq.

Small Business / Microbusiness / Non-Small Business NOTE on the Small / Microbusiness paragraph below:

Preference Bidders who qualify as a State of California certified small business will receive five percent (5%) preference points based on the highest responsible bidder's total score, if the highest scored proposal is submitted by a business other than a certified small business. Bidders qualifying for this preference must submit a copy of their Small Business Certification and document their status in Attachment 1, Contractor Status Form.

Required Forms

· Submit a copy of your Small Business Certification

· Contractor Status Form (Attachment 1)

· Complete the “Small Business Preference Claim” section Bidder Declaration Form (GSPD-05-105) (Attachment 4) Certification A business must be formally certified by the Department of General Services, Office of Small Business and DVBE Services (OSDS), in order to receive the small/microbusiness preference.

Non Profit Veteran Service Agency Bidders that qualify as a Non Profit Veteran Service Agency can be certified as a small business and are entitled to the same benefits as a small business.

Definitions

· Small business means a business certified by the Office of Small Business Disabled Veteran Services (OSDS) in which:

(1) It is independently owned and operated; and

(2) The principal office is located in California; and

(3) The officers of the business in the case of a corporation; officers and/or managers, or in the absence of officers and/or managers, all members in the case of a limited liability company; or the owner(s) in all other cases, are domiciled in California; and

(4) It is not dominant in its field of operation(s), and

(5) It is either:

(A) A business that, together with all affiliates, has 100 or fewer employees, and annual gross receipts of fourteen million dollars ($14,000,000) or less as averaged for the previous three tax years, as adjusted by the Department pursuant to Government Code § 14837(d)(3); or

(B) A manufacturer as defined herein that, together with all affiliates, has 100 or fewer employees.

· Microbusiness means a small business certified by OSDS, which meets all of the qualifying criteria as a small business, and is:

(1) A business that, together with all affiliates, has annual gross receipts of three million, five hundred thousand dollars ($3,500,000) or less as averaged for the previous three tax years, as adjusted by the Department pursuant to Government Code §14837(d)(3); or

(2) A manufacturer as defined herein that, together with all affiliates, has 25 or fewer employees.

· Non Profit Veteran Service Agency means an entity that:

(1) Is a community-based organization,

(2)…