1_RFP_25-0148501_MMBI_M_O_Services.pdf

REQUEST FOR PROPOSAL (RFP)

RFP NUMBER 25-0148501

For:

Maintenance and Operations of Middle Mile Broadband Network (MMBN)

Released On:

2025-10-16

Issued by:

State of California

California Department of Technology

P.O. Box 1810

Rancho Cordova, CA 95741

Part 1 of the solicitation contains the response instructions (including responsibilities of the Proposer), response form instructions, and all other instructional or compliance information that the Proposer must meet to be considered responsive and responsible to the solicitation.

Part 2 of the solicitation contains all forms a Proposer must complete and return with its Final Proposal, including the CDT version of the Standard Agreement (STD 213), Statement of Work (SOW), administrative forms, qualification forms, requirement responses, and all exhibits or attachments discussed in Part 1.

Disclaimer: The original version and any subsequent solicitation addenda released by the Procurement Officer of this solicitation remain the official version.

In the event of any inconsistency between the Proposer’s versions, articles, attachments, specifications or provisions (which constitute the Agreement), the official State version of the solicitation in its entirety shall take precedence.

Table of Contents

PART 1 PROPOSER INSTRUCTIONS

1 INTRODUCTION

1.1 Purpose of This Request for Proposal

1.2 Background

1.3 Agreement Term

1.4 Current Environment

1.5 Americans With Disabilities Act (ADA)

2 PROPOSER INSTRUCTIONS

2.1 Proposer Admonishment

2.2 Communications and Contacts

2.3 Key Action Dates

2.4 Rules Governing Competition

2.5 PROPOSAL Steps

2.6 Protests

2.7 Negotiations

3 ADMINISTRATIVE REQUIREMENTS

3.1 Administrative Requirements (M)

3.2 Ability to Perform (M)

3.3 Primary Proposer (M)

3.4 Contractor Responsibility (M)

3.5 Subcontractors (M)

3.6 Proposer Declaration Form (M)

3.7 Amendment (M)

3.8 Financial Responsibility Information (M)

3.9 General Provisions (M)

3.10 Cover Letter (M)

3.11 Sample STD 213, Standard Agreement (M)

3.12 Statement of Work (M)

3.13 Insurance Requirements (M)

3.14 Confidentiality Statement (M)

3.15 Secretary of State Certification (M)

3.16 Payee Data Record (M)

3.17 Iran Contracting Act of 2010

3.18 California Civil Rights Laws (M)

3.19 FEDERAL DEBARMENT CERTIFICATION FORM (M)

3.20 BYRD ANTI-LOBBYING AMENDMENT FORM (M)

3.21 Socioeconomic Programs

4 PROPOSAL REQUIREMENTS

4.1 Qualification Requirements (M)

4.2 Understanding and Approach (MS)

5 COST

5.1 Cost Worksheet Completion Instructions

State of California RFP Number 25-0148501 California Department of Technology Proposer Instructions

6 PROPOSAL FORMAT AND SUBMISSION REQUIREMENTS

7 EVALUATION

7.1 Evaluation Team

7.2 Final Proposal Evaluation

7.3 Receipt of Preliminary Review

7.4 Validation Against Requirements

7.5 Evaluation Questions

7.6 Errors in the Final Proposal

7.7 Administrative Requirements

7.8 Proposal Requirements

7.9 Calculate Proposer Proposal Non-Cost Score

7.10 Non-Negotiable Requirements

7.11 Cost Evaluation

7.12 Socioeconomic Programs

7.13 Final Proposal Results

7.14 Submission of Amended Final Proposals

7.15 Negotiation Phase

8 INFORMATIONAL DOCUMENTS

8.1 Template for Question Submittal

PART 2 PROPOSER RESPONSE

SOLICITATION FORMS

ATTACHMENT 1: RESPONSE TO ADMINISTRATIVE REQUIREMENTS

ATTACHMENT 2: PROPOSER DECLARATION GSPD-05-105

ATTACHMENT 3: RESPONSIBILITY CERTIFICATION

ATTACHMENT 4: CONFIDENTIALITY STATEMENT

ATTACHMENT 5: SECRETARY OF STATE CERTIFICATION

ATTACHMENT 6: PAYEE DATA RECORD

ATTACHMENT 7: IRAN CONTRACTING ACT

ATTACHMENT 8: CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

ATTACHMENT 9: PROPOSING PREFERENCES AND INCENTIVES

ATTACHMENT 10: DVBE DECLARATIONS

ATTACHMENT 11: COMMERCIALLY USEFUL FUNCTION CERTIFICATION

ATTACHMENT 12: TACPA REFERENCE REQUEST FORMS

ATTACHMENT 13: PROPOSER QUALIFICATION

13.1 Proposer Qualification Instructions

13.2 Proposer Qualification Form

13.3 Proposer Reference Instructions

13.4 Proposer Reference Form

ATTACHMENT 14: KEY STAFF QUALIFICATION

14.1 Key Staff Qualification Instructions

14.2 Program Manager Qualification Form

14.3 Network Operations Center (NOC) Manager Qualification Form

14.4 Optical And Routing Engineer Qualification Form

14.5 Key Staff Reference Instructions

14.6 Key Staff Reference Form

ATTACHMENT 15: UNDERSTANDING AND APPROACH

15.1 Services and Scope

15.2 Operational Processes

ATTACHMENT 16: BYRD ANTI-LOBBYING AMENDMENT FORM

EXHIBIT A – STATEMENT OF WORK

EXHIBIT B-1 – BUDGET DETAIL AND PAYMENT PROVISIONS

EXHIBIT B-2 – COST WORKSHEET

PART 1 PROPOSER INSTRUCTIONS

1 INTRODUCTION

This solicitation is being conducted under the policies and procedures developed by the California Department of Technology (CDT) as provided under Public Contract Code (PCC) §6611 et seq. This solicitation contains the instructions governing the requirements for a proposal to be submitted by interested Proposers. The format that proposal information is to be submitted and the material to be included therein follows. This solicitation also addresses the requirements that Proposers must meet to be eligible for consideration, as well as addressing the Proposer’s responsibilities before and after award of an Agreement.

1.1 PURPOSE OF THIS REQUEST FOR PROPOSAL

The purpose of this Request for Proposal (RFP) (hereafter referred to as “solicitation”) is to obtain proposals to provide Maintenance and Operations Services of the Middle Mile Broadband Network (MMBN) for use by the State of California (hereafter referred to as “State”). Refer to Exhibit A – Statement of Work, for more information on the services to be procured through this RFP.

The Agreement Award, if made, will be in accordance with the methodology defined in Section 7, Evaluation.

1.2 BACKGROUND

The State is building a fiber optic network to bring affordable high-speed broadband internet access to unserved and underserved communities across the State.

The initiative, created by Senate Bill 156 (2021-2022 Reg.Sess) and Government Code section 11549.50 et seq., and managed by the CDT, is designed to create an open-access, middle-mile network. Any last-mile service providers can connect to the fiber optic infrastructure to offer internet services to homes, businesses, and community institutions. The project is part of Governor Newsom's "Build More, Faster" agenda, aiming to close the digital divide and improve access to education, healthcare, and employment opportunities.

MMBN is a state-led effort to expand broadband infrastructure across California, ensuring that more communities have access to reliable and affordable high-speed internet.

1.3 AGREEMENT TERM

Effective upon approval of the CDT “Effective Date,” the term of this Agreement will be a three (3) year Base Term, with an estimated Agreement execution date of April 1, 2026.

The State, at its sole discretion, may authorize up to two (2), one (1) year options to extend for a maximum Agreement term of five (5) years (includes Base Term plus all optional extensions) at the originally agreed-upon rates specified in this Agreement.

The Contractor shall not be authorized to commence performance of services described in this Agreement prior to the Effective Date. Any performance of services by the Contractor that is commenced prior to the Effective Date shall be at no cost to the State.

1.4 CURRENT ENVIRONMENT

The MMBN, when completed, will be composed of approximately 8,000 miles of fiber optic cables and 139 inline amplification (ILA) huts located throughout California. Each ILA hut contains active and passive electronics that comprise the MMBN. Additionally, the MMBN colocates in two commercial data centers, and anticipates either colocation or connectivity into additional data centers over time.

1.5 AMERICANS WITH DISABILITIES ACT (ADA)

To comply with the nondiscrimination requirements of ADA, it is the policy of the State of California to make every effort to ensure that its programs, activities, and services are available to all persons, including persons with disabilities.

For persons with a disability needing a reasonable accommodation to participate in the procurement process or for persons having questions regarding reasonable accommodations of the procurement process, you may contact the Procurement Officer identified in Section 2.2.1, Procurement Officer. You may also contact the State of California at the numbers listed below.

To ensure that we can meet your need, it is best that we receive your request for reasonable accommodations at least ten (10) working days before the scheduled event, e.g., meeting, conference, workshop, etc., or deadline due date for procurement documents.

The California Relay Service Telephone Numbers are:

TTY/VCO/HCO to Voice

English, 1-800-735-2929

Spanish, 1-800-855-3000

Voice to TTY/VCO/HCO

English, 1-800-735-2922

Spanish, 1-800-855-3000

From or to Speech-to-Speech

English & Spanish, 1-800-854-7784

2 PROPOSER INSTRUCTIONS

2.1 PROPOSER ADMONISHMENT

This procurement contains multiple phases designed to increase the likelihood of a successful Final Proposal and Proposer eligibility for Invitation to Negotiation.

These phases:

1. Ensure that the Proposer clearly understands the State’s requirements before attempting to develop its Final Proposal.

2. Ensure that the State clearly understands what each Proposer intends to propose before those proposals are finalized.

3. Provide an opportunity for the State and each Proposer to discuss weaknesses or potentially unacceptable elements of a Proposer’s proposal and give the Proposer an opportunity to modify its proposal to correct such problems.

The Proposer should refer to Section 2.5, Proposal Steps, to understand the phases applicable to this solicitation and Section 7, Evaluation, to understand the evaluation process of each phase. It is the Proposer’s responsibility to:

1. Carefully read the entire solicitation.

2. Ask appropriate questions in a timely manner, if clarification is necessary.

3. Ensure understanding of the State’s requirements before attempting to develop its Final Proposal.

4. Submit all required responses by the required dates and times.

5. Make sure that all procedures and requirements of the solicitation are accurately followed and appropriately addressed.

6. Carefully re-read the entire solicitation before submitting a Final Proposal.

2.2 COMMUNICATIONS AND CONTACTS

The State uses an online procurement system known as Cal eProcure to communicate with prospective Proposers and suppliers. Information and ongoing communications for this solicitation will be posted by the State on the Cal eProcure website, www.caleprocure.ca.gov.

Oral communications by Agency/state entity officers and employees concerning this solicitation shall not be binding on the State and shall in no way excuse the Proposer of any obligations set forth in this solicitation.

http://www.caleprocure.ca.gov/

2.2.1 PROCUREMENT OFFICER

The Procurement Officer is the State’s designated authorized representative regarding this procurement.

Proposers are directed to communicate, submit questions, deliver responses (Proposals), and submit all other correspondence regarding this procurement to the Procurement Officer at the contact information below.

California Department of Technology

Acquisition & IT Program Management Branch, MMBI

Nina Westphal, Procurement Officer

Phone: (916) 857-9639

Email: nina.westphal@state.ca.gov

2.2.2 QUESTIONS REGARDING THE SOLICITATION DOCUMENT

Proposers requiring clarification of the intent, terms and conditions, content of this solicitation, or on procedural matters regarding the competitive Proposal process may request clarification by submitting questions using Section 8.1, Template for Question Submittal, in an email (using the solicitation identification information from the solicitation title page) to the Procurement Officer listed in Section 2.2.1, Procurement Officer. To ensure a response, questions must be received in writing by the scheduled date(s) specified in Section 2.3, Key Action Dates. Question and answer sets will be provided to all Proposers without identifying the submitters. At the sole discretion of the State, questions may be paraphrased by the State for clarity.

Only questions submitted in writing and answered in writing by the Procurement Officer shall be binding and official. Written questions must be submitted by email to the Procurement Officer. All written questions submitted by the deadline specified in Section 2.3, Key Action Dates, will be responded to at the same time with all questions and answers posted to Cal eProcure in the form of a question-and-answer set.

If a Proposer who desires clarification or further information on the content of the solicitation, but whose questions relate to the proprietary aspect of its proposal and disclosure exposes its proposal to other Proposers, the question may be submitted using the same criteria above with the notation, “CONFIDENTIAL.” The Proposer must explain why the question is sensitive in nature. If the State concurs that the disclosure of the question or answer would expose the proprietary nature of the Proposal, the question will be answered and both the question and answer will be confidentially maintained. If the State does not concur with the proprietary aspect of the question, the question and answer will not be confidentially maintained and the Proposer will be so notified.

2.3 KEY ACTION DATES

The Key Action Dates below provide the key action dates and times by which actions must be taken or completed. If the State finds it necessary to change these dates or times, it will be accomplished via an addendum to this solicitation with the exception of dates listed after the Proposer’s submission of a Final Proposal. Dates listed after the Proposer’s submission of a Final Proposal are estimated and may be adjusted without addendum to this solicitation. All dates listed are for 5PM Pacific Time, unless otherwise specified, and use the ISO 8601 format, YYYY-MM-DD.

KEY ACTION DATES

Item Action Date and Time 1 Release of Solicitation 2025-10-16 2 Proposer’ Conference 2025-10-27 3 Last day to submit written questions1,2 2025-11-03 4 Last day to request proposal upload instructions and access to the States SharfePoint repository 3 2025-11-21 5 Last day to submit Final Proposal4,5 2025-12-19 2PM 6 Final Proposal Evaluation Period5,6 to be determined6 7 Confidential Negotiations with Proposer(s)7 to be determined6 8 Best and Final Offer submission to be determined6 9 Notification of Award to be determined6 10 Agreement Execution 2026-04-01

1 Refer to Section 8.1, Template for Question Submittal.

2 Or five (5) business days following the last addendum that changes the requirements of the solicitation.

3 Refer to Section 6, Proposal Format and Submission Requirements.

4 Refer to Section 2.5, Bidding Steps.

5 All dates after submission of Final Proposal are approximate and may be adjusted as conditions indicate without addendum to this solicitation.

6 Actual dates to be determined when the number of Proposers is known.

7 Refer to Section 7.2, Negotiation Phase.

2.4 RULES GOVERNING COMPETITION

This solicitation, the evaluation of responses, and the award of any resultant Agreement shall be made in conformance with current competitive proposing procedures as they relate to the procurement of information technology goods and services by public bodies in the State of California.

2.4.1 IDENTIFICATION AND CLASSIFICATION OF SOLICITATION

REQUIREMENTS

The State has established certain requirements with respect to Proposals to be submitted by prospective Contractors. The use of “shall,” “must,” or “will” (except to indicate simple futurity) in the solicitation indicates a requirement or condition which is mandatory.

A deviation of any non-negotiable requirement identified in Section 2.7, Negotiations, will disqualify a vendor from participating in Negotiations and Agreement Award.

A deviation of any mandatory requirement (other than the non-negotiable requirements identified in Section 2.7, Negotiations) must be resolved to the State’s satisfaction during negotiations and corrected in the Proposer’s best and final offer.

The words “should” or “may” in the solicitation indicate desirable attributes or conditions, but are non-mandatory in nature.

2.4.2 SOLICITATION DOCUMENTS

This solicitation document includes, in addition to an explanation of the State’s requirements which must be met, instructions which prescribe the format and content of Proposals to be submitted and the model of the Agreement to be executed between the State and the successful Proposer.

If a Proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in this solicitation document, the Proposer shall immediately notify the Procurement Officer identified in Section 2.2.1, Procurement Officer, of such error in writing and request clarification or modification of the document.

Modifications will be made by addenda issued pursuant to Section 2.4.6, Addenda. Such modifications shall be given by written notice to all parties who have identified themselves as Proposers to the Procurement Officer without divulging the source of the request. Insofar as practicable, the State will give such notices to other interested parties, but the State shall not be responsible therefore.

If the solicitation document contains an error known to the Proposer, or an error that reasonably should have been known, the Proposer shall bid at its own risk. If the Proposer fails to notify the State of the error prior to the date fixed for submission of Proposals, and is awarded the Agreement, the Proposer shall not be entitled to additional compensation or time by reason of the error or its later correction.

2.4.3 EXAMINATION OF THE WORK

The Proposer should carefully examine the entire solicitation document and any addenda thereto, and all related materials and data referenced in the solicitation document or otherwise available to the Proposer, and should become fully aware of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work. Specific conditions to be examined may be listed in Section 3, Administrative Requirements or Section 4, Proposal Requirements.

2.4.4 EXCLUSION FOR CONFLICT OF INTEREST

No consultant shall be paid out of State funds for developing recommendations on the acquisition of products or services or assisting in the preparation of the project documents, while in effect, if that consultant is to be a source of such acquisition or could otherwise directly or materially benefit from State adoption of such recommendations or the course of action recommended in the project documents. Further, no consultant shall be paid out of State funds for developing recommendations on the disposal of State surplus products if that consultant would directly or materially benefit from State adoption of such recommendations.

2.4.5 CONFIDENTIALITY

Proposer material becomes public only after the notice of Award is released. If material marked “confidential,” “proprietary,” or “trade secret” is requested pursuant to the Public Records Act, the State will make an independent assessment whether it is exempt from disclosure. If the State disagrees with the Proposer, the State will notify the Proposer and give them a reasonable opportunity to justify their position or obtain a court order protecting the material from disclosure.

The Proposer should be aware that marking a document “confidential” or “proprietary” in a Final Proposal may exclude it from consideration for award and will not keep that document from being released after notice of award as part of the public record, unless a court has ordered the State not to release the document. The content of all working papers and discussions relating to the Proposer’s proposal shall be held in confidence indefinitely, unless the public interest is best served by an item’s disclosure because of its direct pertinence to a decision, agreement or the evaluation of the proposal.

Any disclosure of confidential information by the Proposer is a basis for rejecting the Proposer’s proposal and ruling the Proposer ineligible to further participate.

Any disclosure of confidential information by a State employee is a basis for disciplinary action, including dismissal from State employment, as provided by Government Code §19570 et seq. Total confidentiality is paramount; it cannot be over emphasized.

2.4.6 ADDENDA

The State may modify the solicitation at any time prior to submission of Final Proposal by issuing an addendum. Addenda will be numbered consecutively.

A Proposer is allowed five (5) business days from the date the addendum is issued to submit written questions regarding the addendum according to the instructions contained in Section 2.2.2, Questions Regarding the Solicitation Document.

2.4.7 PROPOSER’S COST

Costs for developing Proposals are the responsibility entirely of the Proposer and shall not be chargeable to the State.

2.4.8 DISCOUNTS

In connection with any discount offered, except when a provision is made for a testing period preceding acceptance by the State, time will be computed from the date of delivery of the supplies or equipment as specified, or from date correct invoices are received in the office specified by the State if the latter date is later than the date of delivery. When a provision is made for a testing period preceding acceptance by the State, the date of delivery shall mean the date the supplies or equipment are accepted by the State during the specified testing period. Payment is deemed made, for the purpose of earning the discount, on the date of mailing the State warrant or check.

Cash discounts offered by Proposers for the prompt payment of invoices will not be considered in evaluating offers for award purposes; however, all offered discounts will be taken if the payment is made within the discount period, even though not considered in the evaluation of offers.

2.4.9 SIGNATURE OF PROPOSAL

A cover letter shall be considered an integral part of the Final Proposal and any proposal form requiring signature, must be signed by an individual who is authorized to bind the proposing firm contractually. The signature block must indicate the title or position that the individual holds in the firm. An unsigned Final Proposal may be rejected.

2.4.10 IRREVOCABLE OFFER

A Proposer’s Final Proposal is an irrevocable offer for one-hundred twenty (120) calendar days following the scheduled date for Agreement Award specified in Section 2.3, Key Action Dates. A Proposer may extend the offer in the event of a delay of Agreement award.

2.4.11 FALSE OR MISLEADING STATEMENTS

Proposals which contain false or misleading statements, or which provide references that do not support an attribute or condition claimed by the Proposer, may be rejected. If, in the opinion of the State, such information was intended to mislead the State in its evaluation of the Proposal, and the attribute, condition, or capability is a requirement of this solicitation document, it will be the basis for rejection of the Proposer’s bid.

2.4.12 BONDS

The State reserves the right to require a performance bond or other security document as specified in the solicitation from the Proposer in an amount not to exceed the amount of the Agreement. In the event the State requires a surety bond that has not been expressly required by the solicitation, the State will reimburse the Proposer as an addition to the purchase price in an amount not exceeding the standard premium on such bond.

2.4.13 UNFAIR PRACTICES ACT AND OTHER LAWS

Proposer warrants that its proposal complies with the Unfair Practices Act (Business and Professions Code §17000 et seq.) and all applicable state and federal laws and regulations.

2.4.14 CALIFORNIA CIVIL RIGHTS DEPARTMENT (CRD) REGULATIONS

(FORMERLY DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING (DFEH))

The California Government Code §12990 requires all state Contractors to have implemented a Nondiscrimination Program before entering into any Agreement with the state. The CRD randomly selects and reviews state contractors to ensure their compliance with the law. CRD periodically disseminates a list of contractors who have not complied. Any contractor so identified is ineligible to enter into any state Agreement.

2.4.15 PLASTIC TRASH BAG CERTIFICATION VIOLATIONS

Public Resources Code §42290 et seq. prohibits the state from contracting with any supplier, manufacturer, or wholesaler, and any of its divisions, subsidiaries, or successors that have been determined to be noncompliant to the recycled content plastic trash bag certification requirements. This includes award of a state Agreement or subcontract or renewal, extension, or modification of an existing Agreement or subcontract. Prior to award, the State shall ascertain if the intended awardee or proposed subcontractor is a business identified on the current California Department of Resources Recycling and Recovery (CalRecycle) noncompliant list(s). In the event of any doubt of the status or identity of the business in violation, the State will notify the CalRecycle of the proposed award and afford the CalRecycle the opportunity to advise the State. No award will be made when either the Proposer or a subcontractor has been identified either by published list or by advice from the CalRecycle, to be in violation of certification requirements.

2.4.16 AIR OR WATER POLLUTION VIOLATIONS

Unless the Agreement is less than $25,000 or with a non-competitively bid contractor, Government Code §4477 prohibits the State from entering into any Agreement for the purchase of supplies, equipment, or services from any person, including a corporation or other business association who is in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district, or is subject to a cease and desist order not subject to review issued pursuant to Water Code §13301 for violation of waste discharge requirements or discharge prohibitions, or is finally determined to be in violation of provisions of federal law relating to air or water pollution.

2.5 PROPOSAL STEPS

This solicitation contains a final phase as further described in this section. Refer to Section 2.3, Key Action Dates to determine due dates and times for each phase and mandatory steps included in this solicitation.

2.5.1 FINAL PHASE

The purpose of the final phase is to obtain complete final proposals that are responsive in every respect. The Final Proposal is a mandatory step for all Proposers.

The Final Proposal must be complete, and include all cost information, required signatures, and any changes issued by the State via an addendum.

Proposers that submit Final Proposals meeting the criteria identified in Section 2.7, Negotiations, will be eligible to receive an invitation to negotiate with the State.

The State, at its sole discretion, may request a Best and Final Offer (BAFO) from those Proposers that participated in the Negotiation Process as identified in Section 7.15, Negotiation Phase.

2.5.2 WITHDRAWAL AND RESUBMISSION OR MODIFICATION OF

PROPOSALS

A Proposer may withdraw its Final Proposal at any time prior to the Final Proposal submission date and time specified in Section 2.3, Key Action Dates, by submitting a written notification of withdrawal signed by an authorized representative of the Proposer in accordance with Section 2.4.9, Signature of Proposal. The Proposer may thereafter submit a new or modified proposal prior to the respective proposal submission date and time specified in Section 2.3, Key Action Dates. Modification offered in any other manner, oral or written, will not be considered. Other than as allowed by law, Final Proposals cannot be changed or withdrawn after the deadline date and time designated for receipt, except as provided in the solicitation.

2.5.3 DISPOSITION OF PROPOSALS

All materials submitted in response to this solicitation will become the property of the State of California and will be returned only at the State’s option and at the Proposer’s expense. At a minimum, the master copy of the Final Proposal shall be retained for official files and will become a public record after the Notification of Award is posted. However, materials the State considers as confidential information (such as confidential financial information submitted to show Proposer responsibility) will be returned upon request of the Proposer.

2.6 PROTESTS

This solicitation is being conducted under (PCC) §6611 et seq; protests are not applicable to this solicitation.

2.7 NEGOTIATIONS

The State will conduct negotiations under PCC §6611. The purpose of the negotiation process is to maximize the State’s ability to obtain a value effective solution. The State will use the following three (3) non-negotiable items to determine if a Proposer’s Final Proposal response is successful and the Proposer is eligible for Negotiations in accordance with Section 7.15, Negotiation Phase:

1. Must agree to all terms and conditions with no exceptions as stated in accordance with Section 3.9, General Provisions (M).

2. Must use the specific technical requirements as stated in Exhibit A – Statement of Work.

3. Must meet mandatory minimum points as stated in Section 7.8.6, Understanding and Approach.

Negotiated items will be determined by the State after Final Proposals are evaluated. If a Proposer’s proposal deviates from any of the non-negotiable requirements above, the proposal will be rejected and not considered for negotiation or Agreement Award. Any deviation of any requirement other than the mandatory non-negotiable requirements above, must be resolved to the State’s satisfaction during negotiations and corrected in the Proposer’s Best and Final Offer.

3 ADMINISTRATIVE REQUIREMENTS

Section 3, Administrative Requirements contains the mandatory administrative requirements that must be met in order to be considered responsive to this solicitation. The administrative requirements listed in this section are denoted as follows:

1. (M) – All sections labeled as “Mandatory” or “M” must be responded to in order to be considered responsive and responsible to these requirements.

The responses will be evaluated in accordance with Section 7, Evaluation.

2. (O) – All sections labeled as “Optional” or “O” are not required to be offered by the Proposer in order to be compliant to the solicitation requirements. A Proposer may choose whether to meet administrative requirements labeled as (O) such as those relating to preference points.

However, if a Proposer offers any of these (O) requirements, the Proposer must meet the minimum requirements as stated in the section. The State will review responses to optional requirements and apply points, if applicable, per criteria stated in Section 7, Evaluation.

3.1 ADMINISTRATIVE REQUIREMENTS (M)

The Proposer must indicate its willingness and ability to satisfy these requirements by marking “Yes” on the “Proposer Agrees Yes/No” column on Attachment 1:

Response to Administrative Requirements. Answering “No” to any of the mandatory administrative requirements or not submitting the required documents with its Final Proposal will be considered a deviation in accordance with Section 2.4.1, Identification and Classification of Solicitation Requirements. If a Proposer fails to submit documents to meet the Optional requirements, the Proposer is deemed to have not met the Optional requirements and no points will be awarded.

3.2 ABILITY TO PERFORM (M)

Prior to award of the Agreement, the State must be assured that the Proposer selected has all of the resources to successfully perform under the Agreement.

This includes, but is not limited to, personnel in the numbers and with the skills required; ability to obtain staff for the optional classifications at a time when the State may choose to utilize them; equipment of appropriate type and in sufficient quantity; financial resources sufficient to complete performance under the Agreement; and experience in similar endeavors. If, during the evaluation process, the State is unable to assure itself of the Proposer’s ability to perform the

Agreement, based on the information provided in response to the requirements, the State has the option of requesting from the Proposer any additional information that the State deems necessary to determine the Proposer’s responsibility. If such additional clarifying information is required, the Proposer will be so notified and will be permitted up to five (5) state business days to submit the information requested in writing. Examples of the type of financial responsibility information requested may include annual reports and current audited balance sheets for the Proposer’s firm.

3.3 PRIMARY PROPOSER (M)

An award, if made, will be to a primary Proposer. The awarded primary Proposer will be referred to as “the Contractor”. The Contractor will be responsible for successful performance of all subcontractors and support services offered in response to this solicitation. All State policies, guidelines, and requirements that apply to the primary Proposer also apply to subcontractors, as applicable to the products and services they provide and to their role as a subcontractor.

Furthermore, the State will consider the primary Proposer to be the sole point of contact regarding contractual matters for the term of the resulting Agreement.

The primary Proposer shall not assign financial documents to a third-party without prior written approval by the State, and an amendment to the resulting Agreement.

3.4 CONTRACTOR RESPONSIBILITY (M)

The awarded Contractor shall be responsible for successful performance of all Subcontractors and support services offered in response to this solicitation. All State policies, guidelines, and requirements that apply to the awarded Contractor also apply to subcontractors, to the extent applicable to their role as a subcontractor or the products and services they provide. Furthermore, the State will consider the Contractor to be the sole point of contact regarding contractual matters for the term of the resulting Agreement. The Proposer shall not assign financial documents to a third-party without prior written approval by the State, and an amendment to the resulting Agreement.

3.5 SUBCONTRACTORS (M)

Using subcontractors to provide the products and services required by this RFP may enable Proposers to expand their ability to meet the needs of the State. It is the Proposer’s responsibility to ensure any subcontractor that the Proposer chooses to use in fulfilling the requirements of this solicitation, also meets all administrative and proposal requirements of the solicitation that are applicable to the products and services provided by the subcontractor.

Nothing contained in the resulting Agreement shall create any relationship between the State and any subcontractors, and no subcontract shall relieve the Proposer of its responsibilities and obligations. The Proposer is fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them.

The awarded Contractor shall not change subcontractor(s) or DVBE subcontractor(s) if such changes conflict with the work to be performed under this Agreement. For DVBE subcontractor changes, the Contractor shall utilize another DVBE subcontractor. The State recognizes that changes to subcontractor(s) may become necessary; however, the Contractor must notify the State of a contemplated change and the reasons for such change no less than seven (7) business days prior to the existing subcontractor’s termination, substitution or replacement, and the CDT Contract Administrator or designee must approve any changes to the subcontractor(s). This also includes any changes made between submittal of the Final Proposal and actual start of the Agreement. The State will not compensate the Contractor for any of the Contractor’s time or effort to educate or otherwise make the new subcontractor(s) ready to begin work on the Agreement.

The Proposer’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to pay or to enforce the payment of any money to any subcontractor. Contractor is solely responsible for any payments to or claims made by subcontractors.

3.6 PROPOSER DECLARATION FORM (M)

The Proposer must complete and submit Attachment 2: Proposer Declaration GSPD-05-105, with its Final Proposal. When completing the declaration, the Proposer must identify all subcontractors proposed for participation in the Agreement. The Proposer awarded the Agreement is contractually obligated to use the subcontractors for the corresponding work identified, unless the Agency/state entity agrees to a substitution and it is incorporated, in writing. If the Proposer is not using subcontractors, the Proposer must still complete Attachment 2: Proposer Declaration GSPD-05-105 answering the applicable questions on the form, and submit it with its Final Proposal. The form is available at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

3.7 AMENDMENT (M)

Any Agreement executed as a result of this solicitation may be amended consistent with the terms and conditions of the Agreement and by mutual consent of both parties, subject to approval by the CDT under PCC §12100.

3.8 FINANCIAL RESPONSIBILITY INFORMATION (M)

3.8.1 FINANCIAL STABILITY (M)

In order to minimize the potential risk of default due to financial issues, the State reserves the right to request additional documentation throughout the life of the awarded Agreement.

The State must be assured that the Proposer continues to have the financial resources to sustain its operations during system development and implementation phases including the time required for the State to pay the Contractor after system acceptance.

3.8.2 RESPONSIBILITY CERTIFICATION (M)

The Proposer must certify in writing, to the best of its knowledge and belief that the Proposer, the Proposer’s subcontractor(s) and any personnel related to the Agreement to be awarded are not presently debarred, suspended, proposed for debarment or declared ineligible for the award of Agreements by any state or federal agency. The Proposer must submit its certification as Attachment 3:

Responsibility Certification.

3.9 GENERAL PROVISIONS (M)

The General Provisions in this Section are applicable to this solicitation and will be incorporated in the Agreement awarded as a result of this solicitation.

3.9.1 BROADBAND TERMS AND CONDITIONS

As applicable, the Agreement awarded as a result of this solicitation shall automatically incorporate by reference Exhibit C: Broadband Terms and Conditions.

3.10 COVER LETTER (M)

The Proposer must submit a cover letter with its Final Proposal containing the following:

1. On company letterhead.

2. Include the legal name of the Proposer’s company.

3. Include the address of the Proposer’s company.

The body of the cover letter must include the following:

1. A statement the proposal response is the Proposer’s binding offer, good for one hundred twenty (120) calendar days from scheduled Agreement award date, as noted in Section 2.3, Key Action Dates.

2. A statement indicating the Proposer agrees to the terms and conditions of this solicitation including but not limited to Section 3.9, General Provisions

(M) of this solicitation and accepts responsibility as the prime Contractor if awarded the Agreement resulting from this solicitation.

3. A statement indicating the Proposer has available staff with the appropriate skills to complete the Agreement for all services and provide all deliverables as described in this Solicitation and SOW.

4. Be signed by an individual who is authorized to bind the proposing firm contractually. The individual’s name must also be typed, and include the title or position that the individual holds in the firm. An unsigned cover letter in the Proposer’s Final Proposal will be considered a deviation in accordance with Section 2.4.1, Identification and Classification of Solicitation Requirements.

5. The email and phone number of the person signing the letter.

6. The date signed.

7. A statement indicating agreement to Exhibt C, Broadband Terms and Conditions, or identify if negotiations are needed.

The Proposer shall not add additional language within the Cover Letter.

Conditional statements and exception language within the Cover Letter, will be considered a deviation in accordance with Section 2.4.1, Identification and Classification of Solicitation Requirements.

3.11 SAMPLE STD 213, STANDARD AGREEMENT (M)

There is a sample of CDT’s STD 213, Standard Agreement form. Once the Notification of Award is issued, the State will enter all required information into the STD 213 prior to moving forward to signature. The Proposer will be contacted to designate the name and title of the party authorized to bind the Proposer contractually. The State will send the completed finalized STD 213, Standard Agreement, to the Proposer for signing and return to the State for signature, approval, and Agreement execution.

3.12 STATEMENT OF WORK (M)

Exhibit A – Statement of Work identifies and describes the tasks and responsibilities of the Contractor and the responsibilities of the State during the term of the Agreement. The Proposer must agree to Exhibit A – Statement of Work in its entirety. No modifications to the State’s SOW are acceptable and doing so will be considered a deviation in accordance with Section 2.4.1, Identification and Classification of Solicitation Requirements.

3.13 INSURANCE REQUIREMENTS (M)

The Contractor must furnish insurance certificate(s) evidencing required insurance coverage acceptable to the State, including endorsements showing the State as an “additional insured” if required under the Agreement. Any required endorsements requested by the State must be separately provided;

merely referring to such coverage on the certificates(s) is insufficient for this purpose. The Contractor is required to meet the Insurance Requirements as stated in Exhibit A – Statement of Work. The prime Contractor shall agree to furnish the State satisfactory evidence of insurance within ten (10) calendar days of Agreement award or upon mutual agreement between the Contractor and the State.

3.14 CONFIDENTIALITY STATEMENT (M)

The Proposer must agree to the State’s confidentiality requirements by submitting a signed Attachment 4: Confidentiality Statement, for the Proposer’s company.

The Proposer engaging in services pertaining to this solicitation, requiring contact with confidential State information or State customer information will be required to exercise security precautions for all such data that is made available and must accept full legal responsibility for the protection of this confidential information.

This includes all statistical, personal, technical, or other confidential personal data and information relating to the State’s operations that are designated confidential by the State.

3.15 SECRETARY OF STATE CERTIFICATION (M)

If required by law, the Prime Contractor must submit a certificate of status from the California Secretary of State, showing that the Prime Contractor is certified with the California Secretary of State to do business in the State of California. If the Proposer does not currently have this certification, the firm must be certified before an Agreement award can be made, and must provide information in the

Proposal Submission to support the status of its application to be certified to do business in the State of California.

Domestic and foreign corporations, Limited Liability Companies (LLCs), Limited Liability Partnerships (LLPs) and Limited Partnerships (LPs) must be registered with the California Secretary of State to be awarded the Agreement. The California Secretary of State Certificate of Status must be included with the proposal. The required document(s) may be obtained through the California Secretary of State, Certification and Records Unit at (916) 657-5448 or through the following website:

https://businesssearch.sos.ca.gov/. The Proposer must complete and submit the required documentation as Attachment 5: Secretary of State Certification, with its Proposal Submission.

3.16 PAYEE DATA RECORD (M)

The Payee Data Record (STD.204) indicates the Proposer is subject to state income tax withholdings pursuant to California Revenue and Taxation Code §18662.

The Proposer must complete and submit the Payee Data Record (STD 204) with its Final Proposal as Attachment 6: Payee Data Record. The Proposer must provide the company’s Federal Employer Identification Number (Business IRS Number) on this form. The form can be searched for and located at the following website:

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

3.17 IRAN CONTRACTING ACT OF 2010

Division 2, Chapter 2.7 of the PCC is the Iran Contracting Act of 2010. This Act §2203 requires that no one shall submit a proposal for an Agreement, or enter into or renew a contract, with a public entity for goods or services valued at $1,000,000 or more if that person (i.e., Proposer or contractor) engages in investment activities of $20,000,000 or more as described in PCC §2202.5 pursuant to all provisions of the Iran Contracting Act of 2010. The Iran Contracting Act of 2010, at §2204 requires Proposers to certify at the time the proposal is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of PCC §2203 as a person engaging in investment activities in Iran described in subdivision (a) of PCC §2202.5, or as a person described in subdivision

(b) of PCC §2202.5, as applicable.

The Proposer must complete and submit Attachment 7: Iran Contracting Act, with its Final Proposal, and, if the Proposer is selected, again each time their awarded contract is renewed.

https://businesssearch.sos.ca.gov/ http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

3.18 CALIFORNIA CIVIL RIGHTS LAWS (M)

For contracts over $100,000 executed or renewed after 2017-01-01, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

For contracts over $100,000 executed or renewed after 2017-01-01, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

The Proposer must complete and submit Attachment 8: California Civil Rights Laws Certification with its Final Proposal, and, if the Proposer is selected, again each time their awarded contract is renewed.

3.19 FEDERAL DEBARMENT CERTIFICATION FORM (M)

Proposer must complete, sign and return the Federal Debarment Certification Form. It can be accessed at this link:

https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_2.pdf.

All instructions are contained in the form.

3.20 BYRD ANTI-LOBBYING AMENDMENT FORM (M)

Proposer must complete, sign and return the Byrd Anti-Lobbying Amendment Form, Attachment 16.

3.21 SOCIOECONOMIC PROGRAMS

3.21.1 PROPOSER’S PREFERENCE AND INCENTIVE DECLARATION (M)

The Proposer must complete and submit Attachment 9: Proposal Preferences and Incentives with its Proposal. The Proposer must indicate on Attachment 9: Proposal Preferences and Incentives whether it is or is not claiming each preference or incentive.

3.21.2 SMALL BUSINESS PREFERENCE (O)

California Government Code §14835 et seq. requires that a five percent (5%) preference be given to Proposers who qualify as a Small Business (SB). The rules and regulations of this law, including the definition of a SB, or qualifying non-small business, are contained in Title 2, California Code of Regulations, §1896 et seq.

https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_2.pdf

The definition of nonprofit veteran service agencies qualifying as a SB is contained in §999.50 et seq. of the Military and Veterans Code.

If the Proposer is claiming a SB Preference, the Proposer must complete and submit the following with its Final Proposal for each SB:

1. Attachment 2: Proposer Declaration GSPD-05-105

2. Attachment 9: Proposal Preferences and Incentives

3. Attachment 11: Commercially Useful Function Certification

3.21.3 NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCE (O)

A five percent (5%) preference is available to Proposers who qualify as a non-small business claiming at least 25 percent (25%) California-certified small business subcontractor participation. If claiming the non-small business subcontractor preference, the Proposer’s response must include a list of the small businesses with which the firm commits to subcontract in an amount of at least 25 percent (25%) of the net response price with one (1) or more California-certified small businesses.

Each listed certified small business must perform a “commercially useful function” in the performance of the Agreement as defined in Government Code §14838(b)(1)(2).

Proposers claiming the five percent (5%) preference must commit to subcontract at least 25 percent (25%) of the net response price with one (1) or more California-certified small businesses. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5 p.m. of the response due date, and the OSDS must be able to approve the application as submitted. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

The preference to a non-small business firm that commits to small business or microbusiness subcontractor participation of 25 percent (25%) of its net response price shall be given five percent (5%) of the highest responsive, responsible firm’s total score. A non-small business that qualifies for this preference, may not take an award away from a certified small business.

If the Proposer is claiming a claiming a non-small business using small business subcontractors, the Proposer must complete and submit the…