STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF WATER RESOURCES

715 P STREET, 7th FLOOR P.O. BOX 942836

SACRAMENTO, CA 94236-0001

Rev. 12-10-2025

REQUEST FOR PROPOSAL

SECONDARY

Notice to Prospective Firms

January 27, 2026

You are invited to review and respond to this Request for Proposal Secondary (RFP) number 10214450 for Outreach and Engagement Services. The anticipated term of this agreement is 3 years. In submitting your proposal, you must comply with these instructions.

Note that all agreements entered into with the Department of Water Resources, hereinafter referred to as the “State”, incorporates, by reference, the State’s General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) that may be viewed and downloaded at the Department of General Services (DGS) website:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language

If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

The CCC package contains clauses and conditions that may apply to your Agreement and to anyone doing business with the State of California. The Certification will be kept on file in a central location.

Inquiries regarding the processing of this proposal should be referred to Ian Clark at 916-902-5318.

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to this solicitation.

Sincerely, Brianna Shoemaker Administrative Supervisor

Attachment(s)

TABLE OF CONTENTS

Page

Purpose and Description of Services 4 Proposing Firm Minimum Qualifications 4 Proposal Requirements and Information 4 Proposal Key Action Dates 4 Questions and Answers 5 Work Plan and Work Schedule/Technical Proposal 5 Cost Proposal Format and Requirements 5 Submission of Proposal 5 Proposal Evaluation and Selection Process 8

Tax Delinquent Status Verification 19

Generative Artificial Intelligence (GenAI) Disclosure 19

Notice of Intent to Award and Protest 20

Disposition of Proposals 21

Standard Conditions of Service 21

Payee Data Record (Std. 204) 21 Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contractors) (DWR 9524a) 21

Economic Incentive Program 21

Small Business Program 22

Disabled Veteran Business Enterprise Program 24

Pending Small Business or Disabled Veteran Business Enterprise Certification Application 25 Proposal Checklist 29 Attachment I – Cost Proposal Worksheet 30

Attachment II - Proposal/Proposing firm Certification Sheet 33

Proposal/Proposing firm Certification Sheet Instructions 34

Attachment III – Proposing firm References 35

Attachment IV - Darfur Contracting Act Certification 36

Attachment V – Generative Artificial Intelligence (Gen AI) Disclosure (DWR 9834) 37 Attachment VI – Bidder Certification of DVBE Participation (DWR 9526) 38

Attachment VII- DVBE Declaration (DGS PD 843) 39

Attachment VIII – Bidder Declaration (DGS PD 05-105) 40

Attachment IX – California Civil Rights Laws Attachment 41 Sample Contract – Standard Agreement (Std. 213) 42

Exhibit A – Scope of Work 43

RFP No. 10214450

Exhibit B – Budget Detail and Payment Provisions 47

Exhibit C – General Terms and Conditions 48 Exhibit D – Special Terms and Conditions for Department of Water Resources – Over

$10,000 Standard Payable (DWR 9544) 49

Attachment 1 – Recycled Content Certification Form (DWR 9557) 52

Exhibit E – Additional Provisions 54

Attachment 1 – Protection of Confidential and Sensitive Information 58

Attachment 2 – Non-disclosure Certificate 60

Attachment 3 – Small Business Subcontractor Payment Certification (DWR 9683) 61

A. Purpose and Description of Services The Contractor will support the Commission’s outreach, engagement, and communications activities, as well as provide meeting facilitation services, as needed. Activities will include managing the development of a new outreach and engagement plan for the Commission’s work, developing outreach and communications plans for specific Commission activities, supporting the coordination and management of the Commission’s outreach efforts, and facilitating meetings and workshops on an as-needed basis, including facilitation support for the Water Storage Investment Program.

B. Proposing Firm Minimum Qualifications

A Proposing Firm may demonstrate meeting or exceeding the minimum qualifications by providing resumes for key staff or links to online portfolios. The Proposing Firm should describe in the Work Plan how the experiences demonstrated link to the required minimum qualifications.

1. The Department has determined that Proposers responding to this solicitation must comply with Disabled Veteran Business Enterprise (DVBE) Program participation requirements, which is a minimum of three percent (3.0%) commitment. Proposers must complete and submit the following forms: Attachment VI, Bidder Certification of DVBE Participation (DWR 9526), Attachment VII, DVBE Declaration (DGS PD 843); Attachment VIII, Bidder Declaration (DGS PD 05-105) and DVBE proposer’s and/or subcontractor(s) Department of General Services Office of Small Business and Disabled Veteran Business Enterprise Services (DGS/OSDS) certification(s). Failure to fulfill the DVBE requirement will render your bid non-responsive and shall be cause for proposal rejection.

2. The Proposing Firm’s assigned staff must have demonstrated experience developing at least five

(5) long-term (covering three or more years) plans for outreach, engagement, and/or communication for public agencies.

3. The Proposing Firm’s assigned staff must have demonstrated experience developing at least five

(5) short-term (covering six months to two years) plans for outreach, engagement, and/or communication for public agencies.

4. The Proposing Firm’s assigned staff must have demonstrated experience developing plans or supporting outreach, engagement, and/or communication activities for at least two (2) public agencies within the water sector in California.

5. The Proposing Firm’s assigned staff must have at least five (5) years of demonstrated experience facilitating a combination of public workshops, multi-party meetings, and bilateral meetings;

experience facilitating each type of workshop or meeting must be demonstrated.

C. Proposal Requirements and Information

1. PROPOSAL KEY ACTION DATES

All proposing firms must adhere to the following time schedule.

RFP available to prospective proposing firms on January 27, 2026 at 3:00 P.M.

Technical questions must be submitted by February 5, 2026 at 3:00 P.M.

Answers to technical questions will be disseminated by February 10, 2026 at 3:00 P.M.

Proposals must be received by February 19, 2026 at 3:00 P.M.

Anticipated start date of agreement is April 2026

2. LOCATION WHERE WORK WILL BE PERFORMED:

Remote, with meetings via Microsoft Teams or Zoom and/or

715 P Street Sacramento, CA 95814 and/or

Additional locations throughout California, as needed

3. QUESTIONS AND ANSWERS

Technical questions must be submitted in writing to ian.clark@water.ca.gov and received by DWR on or before February 5, 2026 at 3 P.M. DWR will provide answers in writing to all potential proposing firms by February 10, 2026 at 3 P.M.

4. WORK PLAN AND WORK SCHEDULE/TECHNICAL PROPOSAL REQUIREMENTS

Proposing Firm must submit a Work Plan titled “Response to Department of Water Resources RFP II # 10214450 CWC Engagement Services and include the following:

a. Describe how the Contractor’s experience addresses or exceeds the Proposing Firm Minimum

Qualifications. Description should include the start and end dates of projects and/or describe the timeframe during which work was performed.

b. Describe the Contractor’s overall approach, methodology, functions, and activities that will be used to perform the services and deliverables.

c. Describe how the expertise of the Contractor’s proposed staff individuals will accomplish the tasks/deliverables identified in the Scope of Work, including experience of Contractor’s key staff working on similar projects.

5. COST PROPOSAL FORMAT AND REQUIREMENTS

The proposing firm will use the attached Cost Proposal Worksheet (Attachment 1) to provide their cost proposal. The Cost Proposal Worksheet will be submitted in the same envelope as the proposal.

6. SUBMISSION OF PROPOSAL

a. Proposals must be submitted by United States Postal Services (USPS) mail, hand delivery, United Parcel Service (UPS), express mail, or Federal Express to:

i. Proposals by USPS must be submitted to:

Department of Water Resources Attn: Ian Clark

P.O. Box 942836 715 P Street, 7th Floor

Sacramento, California 94236-0001

ii. Proposals by hand delivery, must be submitted to Contract Specialist Ian Clark on or before the bid due date and time. Please coordinate a day and time via e-mail: ian.clark@water.ca.gov.

iii. Proposals submitted by UPS, express mail, or Federal Express must be addressed to:

Department of Water Resources Contract Services

Attn: Ian Clark 715 P Street, 7th Floor

Sacramento, California 95814

a) Proposals should provide straightforward and concise descriptions of the proposing firm’s ability to satisfy the requirements of this RFP.

b) If the proposal is made under a fictitious name or business title, the actual legal name of the proposing firm must be provided.

c) Due to limited storage space, the proposal package should be prepared using the least expensive method (i.e. cover page with staple in upper left-hand corner, no fancy bindings).

d) All proposals must include original signatures on the following documents:

Proposal/Proposing firm Certification Sheet and any other documents specified in the Proposal Checklist.

e) Proposals not including the documents identified in the Proposal Checklist shall be deemed non-responsive and will be rejected.

f) All proposals are to be sent to DWR within the time frame indicated in the Time Schedule.

Proposals received after the due date and time will be returned unopened to the prospective proposing firm.

g) All proposals must be submitted under sealed cover. The sealed cover must contain all documents listed in the Proposal Checklist. The outside of the sealed cover must be plainly marked with the RFP title and number, must show your firm’s name and address, and must be marked with “DO NOT OPEN.”

h) Proposals not submitted under sealed cover will be rejected. A minimum of two signed proposals must be submitted. One proposal must be submitted in hardcopy. One proposal must be submitted in an electronic format (Word and/or PDF File) on a USB Drive. Both proposals must be signed and submitted in the same envelope. USB Drives can be returned at the request of the proposing firm once the solicitation is concluded.

i) Proposals not submitted under sealed cover will be rejected. A minimum of two original signed proposals must be submitted. Both proposals must be submitted in the same envelope.

RFP No. 10214450 mailto:ian.clark@water.ca.gov

j) Proposals must be submitted for the entire service described within the Scope of Work.

Deviations from the specifications will not be considered and will be cause for rejection of the proposal.

k) The State does not accept alternate language from a proposing firm. A proposal with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

l) A proposal may be rejected if conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may waive any immaterial deviation in a proposal. The State's waiver of immaterial defect shall in no way modify the RFP document or excuse the proposing firm from full compliance with the objectives if awarded the Agreement.

m) Costs for developing proposals and preparation of award of the Agreement are entirely the responsibility of the proposing firm and shall not be chargeable to the State of California.

n) This RFP must be signed by an individual who is authorized to bind the proposing firm contractually. The signature must indicate the title or position that the individual holds in the firm. An unsigned proposal will be rejected.

o) A proposing firm may modify a proposal after its submission by withdrawal and resubmission before the proposal due date. Modification of a proposal offered in any other manner, oral or written, will not be considered.

p) A proposing firm may withdraw their proposal by submitting a written request to the State for its withdrawal, signed by the proposing firm or an agent authorized in accordance with paragraph p above. A proposing firm may thereafter submit a new proposal before the proposal submission deadline. Proposals may not be withdrawn after the proposal due date. Proposals received after the due date and time will be returned unopened to the prospective proposing firm.

q) DWR may modify the RFP prior to the date fixed for submission of proposals by the issuance of an Addendum to all parties who received a proposal package. This Addendum will also be posted on the State’s eProcurement website found at www.Cal eProcure.com.

r) If all proposals are too high, DWR is not required to award an Agreement.

s) The State may reject all proposals if deemed necessary.

t) The proposals submitted, including costs, will become public when DWR has completed its evaluation and announces the responsible proposer who has been given the highest score.

u) Proposing firms are cautioned not to rely on the State during the evaluation to discover and report all defects and errors in the proposal documents. Proposing firms should carefully proof read documents for errors and adherence to the RFP requirements prior to proposal submittal.

v) Where applicable, the proposing firm should carefully examine the worksite and specifications. Proposing firm shall investigate the conditions, character, quality of surface, subsurface materials, or obstacles to be encountered. No additions to the Agreement amount will be made because of failure to thoroughly examine the worksite and specifications.

RFP No. 10214450 http://www.bidsync.com/

w) More than one proposal from an individual, firm, partnership, corporation or association under the same or different names, will not be considered. Reasonable grounds for believing that any proposing firm has submitted more than one proposal for the work contemplated herein will cause the rejection of all proposals submitted by that proposing firm. If there is reason for believing that collusion exists among the proposing firm, none of the participants in such collusion will be considered in this or future procurements.

7. EVALUATION AND SELECTION PROCESS

a. The State will put each proposal through a process of evaluation to determine the responsiveness of proposing firms to the State's needs. The final selection will be made on the basis of the highest scoring proposal meeting the specifications.

b. Proposals containing false or misleading statements or providing references that do not support an attribute or condition claimed by the proposing firm may be rejected. If, in the opinion of the State, information was intended to mislead the State in its evaluation of the proposal, and the attribute, condition, or capability is a requirement of this RFP, it will be the basis for rejection of the proposal.

c. If there are tied proposals, DWR will draw straws to pick the winning proposing firm. The drawing will be witnessed and documented by two or more DWR employees.

d. The evaluation process will consist of three phases.

i. In Phase One, proposals are reviewed to ensure that all documentation has been submitted in compliance with the requirements of this RFP. DWR will review all of the following documents to determine that each is enclosed and properly completed. Failure to meet these administrative requirements shall cause a proposal to be deemed non-responsive and therefore ineligible for the next step of the RFP evaluation process.

1. Cost Proposal Worksheet (Attachment I)

2. Proposal/Proposer Certification Sheet (Attachment II)

3. References (Attachment III)

4. Darfur Contracting Certification (Attachment IV)

5. Bidder Declaration (DGS PD 05-105, Attachment VIII)

6. California Civil Rights Laws (Attachment IX)

7. Small Business Certification (when applicable)

8. Completion of DVBE compliance documentation or Completion of DVBE

Incentive documentation DWR 9526 (Attachment VI)

a) Bidder Certification of DVBE Participation-Page 2 of DWR 9526

(Attachment VI)

b) DVBE Declaration – DGS PD 843 (Attachment VII)

c) Bidder Declaration – DGS PD 05-105 (Attachment VIII)

d) DVBE Certification from DGS/OSDS

e) DWR SB/DVBE Program Manager’s Notification of Compliance (if obtained in advance)

9. Work Plan and Work Schedule/Technical Proposal

10. Resumes for all personnel

ii. Phase Two will consist of an evaluation of the Work Plan and Work Schedule/Technical Proposal and Cost Proposal based on the criteria below.

Rating/Scoring Criteria Maximum Possible Points Proposing Firm’s Minimum Qualifications 15 Experience 30 Work Plan 25 Cost Proposal 30 Total Possible Points 100

Proposing Firm’s Minimum Qualifications (15 possible points)

A Proposing Firm may demonstrate meeting or exceeding the minimum qualifications by providing resumes for key staff or links to online portfolios. The Proposing Firm should describe in the Work Plan how the experiences demonstrated link to the required minimum qualifications.

1. The Proposing Firm’s assigned staff must have demonstrated experience developing at least five (5) long-term (covering three or more years) plans for outreach, engagement, and/or communication for public agencies.

2. The Proposing Firm’s assigned staff must have demonstrated experience developing at least five (5) short-term (covering six months to two years) plans for outreach, engagement, and/or communication for public agencies.

3. The Proposing Firm’s assigned staff must have demonstrated experience developing plans or supporting outreach, engagement, and/or communication activities for at least two

(2) public agencies within the water sector in California.

4. The Proposing Firm’s assigned staff must have at least five (5) years of demonstrated experience facilitating a combination of public workshops, multi-party meetings, and bilateral meetings; experience facilitating each type of workshop or meeting must be demonstrated.

Contractor Minimum Qualifications Mandatory Requirement

(For DWR Use only) Evaluation Criteria Scoring

Qualification/Experience Points Awarded Notes

The Proposing Firm’s assigned staff must have demonstrated experience developing at least five

(5) long-term (covering three or more years) plans for outreach, engagement, and/or communication for public agencies.

Pass or Fail

Additional experience:

Meets minimum qualifications = 1 point Exceeds minimum qualifications by 1-2 plans = 2 points Exceeds minimum qualifications by 3 or more plans = 3 points

The Proposing Firm’s assigned staff must have demonstrated experience developing at least five

(5) short-term (covering six months to two years) plans for outreach, engagement, and/or communication for public agencies.

Pass or Fail

Additional experience:

Meets minimum qualifications = 1 point Exceeds minimum qualifications by 1-2 plans = 2 points Exceeds minimum qualifications by 3 or more plans = 3 points

The Proposing Firm’s assigned staff must have demonstrated experience developing outreach plans or supporting outreach, engagement, and/or communication activities for at least two (2) public agencies within the water sector in California.

Pass or Fail

Meets minimum qualifications = 1 point Exceeds minimum qualifications by 1-2 instances working with public agencies in the water sector = 2 points Exceeds minimum qualifications by 3 or more instances = 3 points

The Proposing Firm’s assigned staff must have at least five (5) years of demonstrated experience facilitating a combination of public workshops, multi-party meetings, and bilateral meetings;

facilitation of each type of workshop or meeting must be demonstrated.

Pass or Fail

Additional years of experience:

Meets minimum qualifications = 1 point Exceeds minimum qualifications by 1-2 years = 2 points Exceeds minimum qualifications by 3 or more years = 3 points

The Proposing Firm’s assigned staff must have demonstrated experience facilitating meetings and/or supporting outreach regarding at least two

(2) contentious or politically sensitive matters. Pass or Fail

Meets minimum qualifications = 1 point Exceeds minimum qualifications by 1-2 instances working on contentious or politically sensitive matters = 2 points Exceeds minimum qualifications by 3 or more instances = 3 points

Contractor’s Minimum Qualifications Maximum Possible Points 15

Total Points

Proposing Firm’s Experience and Work Plan (55 possible points)

1. Proposing Firm must submit a Work Plan titled “Response to Department of Water Resources RFP II # 10214450 CWC Engagement Services and include the following:

A. Describe how the Contractor’s experience addresses or exceeds the Proposing Firm

Minimum Qualifications. Description should include the start and end dates of projects and/or describe the timeframe during which work was performed.

B. Describe the Contractor’s overall approach, methodology, functions, and activities that will be used to perform the services and deliverables.

C. Describe how the expertise of the Contractor’s proposed staff individuals will accomplish the tasks/deliverables identified in the Scope of Work, including experience of Contractor’s key staff working on similar projects.

Full scoring criteria can be found in Table 2: Proposing Firm’s Experience and Work Plan.

Table 2: Proposing Firm's Experience and Work Plan

Item Maximum Possible Points

Evaluation Criteria Scoring

Qualification/Experience Points

Awarded Notes

Outreach and Engagement Planning – Breadth and relevance of firm’s and proposed staff’s experience and expertise developing outreach, engagement, and/or communications plans for external clients. Looking for activities of similar scope to tasks and deliverables described in the Scope of Work and demonstration of a wide variety of relevant experience. Experience performing these tasks for public agencies is preferred, particularly State boards and/or commissions.

10 Outstanding = 10 points Excellent = 9 points Good = 8 points Fair = 7 points Poor = 3 points Non-Compliant = 0 points

Outreach and Engagement Coordination and Implementation – Breadth and relevance of firm’s and proposed staff’s experience facilitating one-on-one and group meetings and public workshops. Looking for demonstration of experience successfully facilitating meetings of various formats and sizes, including public workshops, multi-party meetings, and bilateral meetings. Experience performing these tasks for public agencies is preferred. Experience related to contentious or politically sensitive topics is preferred.

7 Outstanding = 7 points Excellent = 6.3 points Good = 5.6 points Fair = 4.9 points Poor = 2.1 points Non-Compliant = 0 points

Communications Support – Breadth and relevance of firm’s and proposed staff’s experience supporting or performing outreach and engagement coordination and implementation activities for external clients. Relevant experience includes but is not limited to project management and tracking activities; directly engaging with interested parties on external clients’ behalf;

scheduling and/or planning meetings, workshops, or other outreach events on external clients’ behalf;

planning and/or conducting surveys; and note taking.

Looking for demonstration of experience performing a wide variety of coordination and implementation activities for multiple external clients. Experience performing these tasks for public agencies is preferred.

8 Outstanding = 8 points Excellent = 7.2 points Good = 6.4 points Fair = 5.6 points Poor = 2.4 points Non-Compliant = 0 points

Facilitation – Breadth and relevance of firm’s and proposed staff’s experience providing communications support for external clients. Relevant experience includes but is not limited to drafting and/or editing news releases, social media posts, and other text-based communications; developing and producing graphics, flyers, or handouts; and ensuring public-facing online materials comply with Web Content Accessibility Guidelines. Looking for demonstration of experience performing a variety of communication support activities for multiple external clients. Experience performing these tasks for public agencies is preferred.

5 Outstanding = 5 points Excellent = 4.5 points Good = 4 points Fair = 3.5 points Poor = 1.5 points Non-Compliant = 0 points

Meeting Attendance and Coordination – Work Plan appropriately addresses the tasks and deliverables outlined in the Scope of Work; expresses understanding of the Commission’s mission, work, and authorities;

includes assessment and consideration of relevant interested parties; and includes appropriate timelines within the anticipated contract term.

25 Outstanding = 25 points Excellent = 22.5 points Good = 20 points Fair = 17.5 points Poor = 7.5 points Non-Compliant = 0 points

Maximum Possible Points 55 Totals Points

Rating/Scoring Criteria Maximum Possible Points Proposing Firm’s Minimum Qualifications 15 Experience 30 Work Plan 25 Cost Proposal 30 Total Possible Points 100

The DWR Evaluation Team will score the submittals based on percentages for levels of quality for each scoring criterion. The percentages will then be translated to points based upon the weight of each factor. For example, under “Experience Part A,” if a proposing firm’s response is considered “Excellent,” it will receive 9 points (0.9 x 10). The same approach will be used for all categories, except the scoring of the Cost Proposal.

Percentage of maximum points Description

Non-Compliant 0%

Fails to address the component or the proposing firm does not describe any experience related to the component.

Poor 30%

Minimally addresses the section, but one or more major considerations of the component are not addressed, or so limited that it results in a low degree of confidence in the proposing firm’s response.

Fair 70%

The response addresses the section, but minor considerations may not be addressed. Acceptable degree of confidence in the proposing firm’s response.

Good 80%

The response fully addresses the section and provides a good quality solution. Good degree of confidence in the proposing firm’s response.

Excellent 90%

All considerations of the section are addressed with a high degree of confidence in the proposing firm’s response.

Outstanding 100%

All considerations of the section are addressed with the highest degree of confidence in the firm’s response or proposed solution. The response exceeds the requirements in providing superior experience for all categories and creative approach.

Cost Proposal (30 possible points)

Proposing firms shall submit their Cost Proposals on the attached Cost Proposal Worksheet (Attachment I). If no proposal contains a Cost Proposal, which in the opinion of DWR is a reasonable price, DWR is not required to award a contract (Public Contract Code section 10344(d)). Each firm’s Cost Proposal score will be based on the ratio of its total cost to the total cost associated with the lowest responsive proposal multiplied by the maximum number of cost points. The Cost Proposal score will be rounded to the nearest whole integer. An example of this calculation is shown below:

Lowest Firm’s Total Cost x 30 = Bidder’s Cost Score Firm’s Total Cost

Cost Score Sample

Firm Total Cost Proposal Calculation Cost Proposal

Score

A $200,000 $100,000 (Bidder B) X 30 $200,000 (Bidder A) 15

B $100,000 $100,000 (Bidder B) X 30 $100,000 (Bidder B) 30

C $150,000 $100,000 (Bidder B) X 30 $150,000 (Bidder C) 20

The DWR Evaluation Team will score the submittals based on percentages for levels of quality for each scoring criterion. The percentages will then be translated to points based upon the weight for each particular factor. For example, under “Effective Timeframes,” if a proposing firm’s response is considered “Excellent,” it will receive 9 points (0.9 x 10). The same approach will be used for all categories, except the scoring of the Cost Proposal.

Percentage of maximum points Description

Non-Compliant 0%

Fails to address the component or the proposing firm does not describe any experience related to the component.

Poor 30%

Minimally addresses the section, but one or more major considerations of the component are not addressed, or so limited that it results in a low degree of confidence in the proposing firm’s response.

Fair 70%

The response addresses the section, but minor considerations may not be addressed. Acceptable degree of confidence in the proposing firm’s response.

Good 80%

The response fully addresses the section and provides a good quality solution. Good degree of confidence in the proposing firm’s response.

Excellent 90%

All considerations of the section are addressed with a high degree of confidence in the proposing firm’s response.

Outstanding 100%

All considerations of the section are addressed with the highest degree of confidence in the firm’s response or proposed solution. The response exceeds the requirements in providing a superior experience and creative approach.

Proposing firms shall submit their Cost Proposals on the attached Cost Proposal Worksheet (Attachment I). If no proposal contains a Cost Proposal, which in the opinion of DWR is a reasonable price, DWR is not required to award a contract (Public Contract Code section 10344(d)). Each firm’s Cost Proposal score will be based on the ratio of its total cost to the total cost associated with the lowest responsive proposal multiplied by the maximum number of cost points. The Cost Proposal score will be rounded to the nearest whole integer. An example of this calculation is shown below:

Lowest Firm’s Total Cost x 30 = Firm’s Cost Score Firm’s Total Cost

Cost Score Sample

Firm Total Cost Proposal Calculation Cost Proposal

Score

A $175,000 $100,000 (Firm B) X 30 $175,000 (Firm A) 17

B $100,000 $100,000 (Firm B) X 30 $100,000 (Firm B) 30

C $150,000 $100,000 (Firm B) X 30 $150,000 (Firm C) 20

iii. In Phase Three, Small Business (SB) Preferences and DVBE Incentive calculations will be completed as necessary prior to contract award. The application of the SB Preference and DVBE Incentives may result in the displacement of a previously high scoring firm.

1. Proposing firms that are SB certified by DGS/OSDS may receive a five percent (5.0%) preference calculation. The SB Preference will be calculated by factoring five percent (5.0%) of the highest scored points and adding those points to that of the certified SB.

Example: High Score: 95 points SB Score: 91 points

95 x 0.05 SB preference = 4.75 points

SB Score: 91 points SB Points: 4.75 points

95.75 points

In the example above, the SB would achieve a high point score and be in line for contract award.

2. The DVBE Program Incentive is applied during Phase Three and may result in the increase of a firm’s total points, placing them in line for award. Application of the DVBE Incentive is based on the number of total possible points specified.

The following example is based on 100 total possible points:

Confirmed DVBE Participation Possible Points Calculation 5.0% and Over 5.0% X 100 = 5 Points 4.0% - 4.99% inclusive 4.0% x 100 = 4 Points 3.0% - 3.99% inclusive 3.0% x 100 = 3 Points 2.0% - 2.99% inclusive 2.0% x 100 = 2 Points 1.0% - 1.99% inclusive 1.0% x 100 = 1 Point

a) Once all proposals are evaluated for the factors indicated under the Rating/Scoring Criteria above, the DVBE Incentive will be calculated and those points will be factored into the total points of those firms with lower scores that have identified DVBE participation levels as outlined in the above table. The points applied may result in a firm achieving high points placing them in line for the solicitation award.

b) A SB firm may be displaced by another firm achieving higher points as a result of the DVBE Incentive application.

c) An Evaluation Committee shall conduct the scoring and review the results submitted.

d) Only firms that are certified as an SB by DGS/OSDS, receive a five percent (5.0%) preference. The preference is applied by the Department before the contract is awarded.

3. DVBE Incentive Application – Allowable Incentive Amounts

a) When the DVBE program is a required component of the solicitation, the minimum acceptable commitment level is three percent (3.0%). Incentive amounts applied begin at three percent (3.0%) and will not exceed five percent (5.0%).

b) When the Department waives DVBE program compliance from a solicitation, a responding firm’s DVBE participation is optional. Firms proposing DVBE participation are eligible to receive a DVBE incentive calculation from one (1) to five percent (5.0%). The incentive applied will be at the level of proposed DVBE commitment.

Example scale using high score method:

Available points example using sliding scale:

Administrative: 200 points Technical proposal: 400 points Cost proposal: 600 points Total: 1200 points

In the example above, there are 60 maximum DVBE Incentive points possible.

Example results using high score method:

Proposing Firm A B C Responsive/Responsible Yes Yes Yes

Total Points 1050 1155 1125

Eligible Preference SB None SB SB Preference points achieved 57.75 0 57.75

Points Subtotal 1107.75 1155 1182.75

Rank 3 2 1

DVBE Participation No (0%) Yes (5.0%) Yes (2.0%)

Incentive Points Applied None 60 24

Adjusted Points 1107.75 1215 1206.75

New Rank 3 1 2

Confirmed DVBE Participation Possible Points Calculation:

1.0% - 1.99% inclusive 1.0% X 1200 = 12 2.0% - 2.99% inclusive 2.0.0% X 1200 = 24 3.0% - 3.99% inclusive 3.0% X 1200 = 36 4.0% - 4.99% inclusive 4.0% X 1200 = 48 5.0% and Higher 5.0% X 1200 = 60

4. Order of Evaluation

a) SB Preference is calculated by multiplying the highest total points achieved by 5% and adding the resulting calculation to the total points of the SB firm.

In this sample the calculation was based on 1155 points x .05 resulting in

57.75 additional points added to the certified SBs (A and C).

b) DVBE Incentive Points are factored by multiplying the DVBE participation (%) identified by the total possible points that could be awarded (1200). This amount is then added to the firm’s total points. In the sample above, Firm B had 60 additional points added (.05% x 1200 total points available) to their total points placing them first for award. Firm C received 24 Incentive points, but this was not enough to place them first for award.

c) Under the High Score Method, it is possible to displace a high point Certified SB with the Application of the DVBE Incentive.

8. TAX DELINQUENT STATUS VERIFICATION

a. Effective July 1, 2012 Public Contract Code 10295.4, requires state agencies to verify the tax delinquent status of bidders responding to state solicitations.

b. At the time of bid evaluation, prior to contract award and execution, the State will verify all proposing firms and identified subcontractors as not listed as tax delinquent by the Franchise Tax Board and the California Department of Tax and Fee Administration. Any proposing firms or subcontractor listed as tax delinquent shall result in a proposal rejection and will not be considered for contract award. Proposing firms wanting further clarification can refer to the statute above or to the web sites listed below for additional information.

California Department of Tax and Fee Administration – Top 500 Sales Tax and Use Delinquencies in California https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

Franchise Tax Board – Top 500 Delinquent Tax Payers https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html

9. GENERATIVE ARTIFICIAL INTELLIGENCE (GEN AI) DISCLOSURE

a. The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

b. Proposer / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

c. Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

RFP No. 10214450 http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=10295.4.&lawCode=PCC https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html

d. Upon notification by a Proposer / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

e. Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

10. NOTICE OF INTENT TO AWARD AND PROTEST

a. A Notice of Intent to Award will be posted on Cal eProcure for five (5) business days. All proposing entities will be officially notified via Cal eProcure that the Notice of Intent to Award is posted.

b. Public inspection of all proposals and score sheets will be allowed after the Notice of Intent to Award has been posted.

c. Contracts shall be awarded only after a Notice of Intent to Award has been posted in a place accessible by the general public, including any internet site identified in this RFP, for five (5) business days.

d. Prior to the award, a proposing firm who claims he/she would have been eligible for the award of the contract, may protest the proposed award if DWR had scored his or her proposal correctly or if DWR had correctly followed the procedures specified in the Public Contract Code.

e. A protestant must meet the burden of proof that DWR has committed a material error in the conduct of the proposal award process.

f. Within five business days of filing the protest, the protestant must submit a detailed written statement of protest if the original protest did not contain the complete grounds for the protest.

g. Both the original protest and/or the detailed statement of protest, if any, must include the RFP number, the name of the State Agency involved, agency contact person, and protestant’s fax number, if any.

h. The protest documents may be sent by regular mail, email, courier, or personal delivery to:

Department of General Services Office of Legal Services

Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330

West Sacramento, CA 95605 Bid Protest Coordinator Email address: OLSProtests@dgs.ca.gov

AND

Department of Water Resources Contract Specialist Email Address: ian.clark@water.ca.gov

Upon receipt of the protest, Department of General Services (DGS) shall send the protestant an acknowledgement letter and thereafter communicate with the parties regarding further disposition of the protest.

RFP No. 10214450 mailto:OLSProtests@dgs.ca.gov mailto:ian.clark@water.ca.gov

11. DISPOSITION OF PROPOSALS

Upon proposal opening, all documents submitted in response to this RFP will become the property of the State of California and will be regarded as public records under the California Public Records Act (Government Code Section 7920 et seq.) and are subject to review by the public. The State cannot prevent the disclosure of public documents. However, the contents of all proposals, draft proposals, correspondence, agenda, memoranda, working papers, or any other medium that discloses any aspect of a proposing firm’s proposal, shall be held in the strictest confidence until the Notice of Intent to Award is posted. Proposals may be returned at the request and expense of the proposing firm.

D. Standard Conditions of Service

1. Service(s) shall not commence until the Agreement is fully executed and all approvals have been obtained.

2. All performance under the Agreement shall be completed on or before the termination date of the Agreement unless this Agreement is amended to extend the term.

3. No oral understanding or agreement shall be binding on either party.

E. Payee Data Record

1. The Contractor awarded this Agreement must have completed and submitted form STD 204, Payee Data Record, to determine if the Contractor is subject to a seven percent (7.0%) State Income Tax withholding pursuant to California Revenue and Taxation Code Sections 18662, 18805, and 26131.

2. No payment shall be made unless the Payee Data Record form has been completed and returned to DWR.

F. Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contactors)

The selected contractor awarded this Agreement must complete and submit the form DWR 9524a, Key Employee Policies and Guidelines Notice Acknowledgment, These policies and guidelines communicate expectations for contractors. Every contractor or subcontractors employee is expected to read and understand the material contained within. Primary contractor/subcontractors are responsible to ensure that their employees are aware of and adhere to the policies and guidelines.

G. Economic Incentive Program

Proposing firms may be eligible for additional preferences when their place of business is located within certain economic regions and when they hire persons living and working within those economic regions. Please access the following links to read information about this economic incentive program.

CONTRACT PREFERENCE

This solicitation contains Target Area Contract Preference Act (TACPA) preference request forms.

Please carefully review the forms and requirements. Proposers are not required to apply for these preferences. Denial of the TACPA preference request is not a basis for rejection of the bid.

The State as part of its evaluation process reserves the right to verify, validate, and clarify all information contained in the bid. This may include, but is not limited to, information from proposers, manufacturers, subcontractors and any other sources available at the time of the bid evaluation. Bidder refusal to agree to and/or comply with these terms, or failure to provide additional supporting information at the State's request may result in denial of preference requested.

Contracts awarded with applied preferences will be monitored throughout the life of the contract for compliance with statutory, regulatory, and contractual requirements. The State will take appropriate corrective action and apply sanctions as necessary to enforce preference programs. Links to forms and contact information are below.

• TACPA Preference Request (STD 830)

• Manufacturer’s Summary of Contract Activities and Labor Hours (DGS PD 525)

• Bidder’s Summary of Contract Activities and Labor (DGS PD 526)

Any questions regarding the TACPA preference should be directed to DGS, Procurement Division at

(916) 375-4609 or TACPA@dgs.ca.gov.

H. Small Business Preference Programs

1. The Small Business Procurement and Contract Act (Government Code (GC) Section 14838 et.

seq.) requires that a fair share of the State’s purchases and contracts for goods, information technology services and construction be placed with a certified SB or micro-business (MB). The Act mandates that state agencies:

a. Establish participation goals,

b. Provide a five percent (5.0%) SB calculation preference, and

c. Provide the opportunity for proposing firms to receive a five percent (5.0%) non-small business (NSB) calculation preference when achieving tenty-five percent (25.0%) SB participation through subcontracted efforts.

Proposing firm which is awarded the contract is committed to paying the stated percentage of the total contract amount (including contract amendments) to the SB subcontractor as declared on form DGS PD 05-105. SB proposers and subcontractors must be certified by DGS/OSDS to participate in SB Preference program.

2. SMALL BUSINESS PREFERENCE

The SB Preference provides certified SBs and MBs a calculation preference in the amount of five percent (5%) of the highest scored responsible and responsive proposal submitted by a proposing firm who is not a certified SB. The SB Preference is used as a calculation for determining the highest score and does not affect the actual price proposed.

The awarding department grants a certified SB a five percent (5%) SB Preference on a proposal evaluation when a responsible NSB has submitted the highest scored, responsive proposal pursuant to the evaluation solicitation method identified in a the proposal and the certified SB:

a. Includes in its bid a notification to the awarding department that it is a SB or that it has submitted to the DGS OSDS a complete application no later than 5:00 p.m. on the bid due date, and is subsequently certified by the Department of General Services as an SB; and

b. Submits a timely, responsive bid; and

c. Has been determined to be a responsible proposer.

RFP No. 10214450 https://www.dgs.ca.gov/PD/Search-Results?search=830&topicCategoryFilters=&divisionid=7bce8ca3ed8a4aedbdeaf52f5e77df36&audienceCategoryFilters=&contenttype=&sort=relevance&eventCategoryFilters=&resourceCategoryFilters=&serviceCategoryFilters=&activeFilters=&page=1 https://www.dgs.ca.gov/PD/Search-Results?search=525&topicCategoryFilters=&divisionid=7bce8ca3ed8a4aedbdeaf52f5e77df36&audienceCategoryFilters=&contenttype=&sort=relevance&eventCategoryFilters=&resourceCategoryFilters=&serviceCategoryFilters=&activeFilters=&page=1 https://www.dgs.ca.gov/PD/Search-Results?search=526&topicCategoryFilters=&divisionid=7bce8ca3ed8a4aedbdeaf52f5e77df36&audienceCategoryFilters=&contenttype=&sort=relevance&eventCategoryFilters=&resourceCategoryFilters=&serviceCategoryFilters=&activeFilters=&page=1 mailto:TACPA@dgs.ca.gov https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14838.&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14838.&lawCode=GOV

3. NON-SMALL BUSINESS PREFERENCE

The NSB Preference calculation may be applied when:

a. A responsible NSB has agreed to subcontract a minimum of 25% of the net price proposed with a certified SB,

b. The NSB firm is not the highest scored firm, and

c. The firm has submitted a responsive proposal.

NSB firms will be granted a five percent (5%) NSB Preference on a proposal evaluation by the awarding department if a responsible NSB has been ranked as the highest scored proposal pursuant to the evaluation of the solicitation under the following conditions:

a. The NSB firm has included in its bid a notification to the awarding department that it commits to subcontract at least twenty-five percent (25%) of its net bid price with one or more DGS/OSDS certified SBs; and

b. The NSB firm has submitted a timely, responsive bid; and

c. The NSB firm is determined to be a responsible proposer; and

d. The NSB firm identifies DGS/OSDS certified SBs it commits to subcontract with on required form DGS PD 05-105, Attachment VIII, of the DGS/OSDS certified SB subcontractor(s) with which it commits to subcontract a total of at least twenty-five percent (25.0%) of its net proposal price with one or more OSDS certified SB(s).

4. NON-SMALL BUSINESS PREFERENCE CALCULATION

The NSB calculation preference five percent (5.0%) is used for bid evaluation purposes when there is at least one competing NSB subcontracting at least twenty-five percent (25.0%) of its net price proposed to one or more certified SBs, and award of the contract is made on the basis of the highest scored responsive, responsible bidder. The preference shall be computed as follows:

Firm A - High Score: 1250 Points – Not a certified small business firm Firm B - Non-SB Proposal: 1195 Points – Prime firm includes 25% to certified

SB subcontractor participation

Preference Calculation: 1250 x .05 (5%) = 62.50

Firm B Non-SB Bidder Bid: 1195.00 Calculated preference +62.50

1257.50 points

Award is made to Firm B as the highest scored firm with 1257.50 points.

5. TIES BETWEEN CERTIFIED SMALL BUSINESSES AND DVBE BUSINESSES

In the event of a precise tie between the proposal score of an SB and the proposal score of a DVBE, the award shall go to the DVBE that is also an SB.

6. MAXIMUM ALLOWABLE PREFERENCES

In no event shall the amount of the SB or NSB subcontractor preferences awarded on a single proposal exceed $50,000, and in no event shall the combined cost of the SB or NSB subcontractor preference and preferences awarded pursuant to any other provision of law exceed $100,000. The five percent (5.0%) calculation preference is used for computation purposes only and does not alter or affect the actual proposal price or the amount of the executed contract. When a certified SB is responsive, responsible, and the highest scored firm, there is no need to compute the SB Preference as the SB is already the highest scoring firm.

7. COMMERCIALLY USEFUL FUNCTION (SBs) (Government Code (GC) section 14837(d) (4))

A certified SB, micro-business (MB) contractor, subcontractor or supplier, must meet commercially useful function (CUF) requirements under Government Code (GC) section 14837(d) (4). Selected firms must perform a CUF relevant to this contract.

The term “small business contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements in accordance with GC section 14837(d) (4) and provides services or goods that contribute to the fulfillment of the contract requirements by performing a CUF. A person or an entity is deemed to perform a CUF if that person or entity does all of the following:

a. Is responsible for the execution of a distinct element of the work of the contract.

b. Carries out contractual obligations by actually performing,…