2._Solicitation_Guidelines__-_ADDENDUM_1_CLEAN.pdf

Office of Planning and Research Solicitation #: CV23-119

RFP SECONDARY – SOLICITATION GUIDELINES AND INSTRUCTIONS

Table of Contents

A. SOLICITATION GUIDELINES & INSTRUCTIONS

B. NOTICE OF STATE MANDATED SB/DVBE PROGRAM REQUIREMENTS

1. Disabled Veterans Business Enterprise (DVBE) Participation

2. Small Business (SB) Participation

C. MINIMUM QUALIFICATIONS

D. SCOPE OF WORK

1. Project Management Plan

2. Methodology/Approach to Work

3. Work Plan and Work Schedule

E. TITLE PAGE

F. TABLE OF CONTENTS

G. LETTER OF COMMITMENT*

H. PROPOSAL CHECKLIST

I. FORMAT REQUIREMENTS

J. KEY PERSONNEL

K. SUBCONTRACTORS

L. QUESTIONS / WEBINAR

1. Questions

2. Webinar (Optional Attendance)

M. GENERAL PROPOSAL REQUIREMENTS

1. SUBMISSION OF PROPOSALS

2. MODIFICATION AND/OR WITHDRAWAL TO SUBMISSION

3. PROPOSER RESPONSIBILITIES

4. SIGNATURES

5. DISPOSITION OF PROPOSALS

N. REFERENCES

O. BUDGET DETAIL

P. EVALUATION

1. Phase 1: Administrative Evaluation (Pass/Fail)

2. Phase 2: Reference Check/Minimum Qualifications Evaluation (*See RFP document)

3. Phase 3: Technical Score Evaluation (100 Possible Points)

4. Phase 4: Cost Score Evaluation (50 Possible Points)

Q. SOCIO-ECONOMIC PREFERENCE AND INCENTIVE PROGRAMS

1. Small Business (SB) Preference Program

2. Disabled Veteran Business-Owned Enterprise (DVBE) Program

3. Target Area Contract Preference Act (TACPA) Program

4. Applying the Preference and Incentives

5. Locating Subcontractors

R. REJECTION

S. SELECTION

T. NOTICE OF INTENT TO AWARD AND PROTEST

U. POST-AWARD REQUIREMENTS

V. STANDARD CONDITIONS OF SERVICE

W. GOVERNMENT ALLIANCE ON RACE & EQUITY (GARE)

X. ECONOMIC SANCTIONS

Y. Generative Artificial Intelligence (GenAI)

Z. ATTACHMENTS

ATTACHMENT 1: PROPOSAL REQUIREMENT CHECKLIST

ATTACHMENT 2: PROPOSAL CERTIFICATION SHEET

ATTACHMENT 3: PROPOSER REFERENCES FORM

ATTACHMENT 4: BIDDER DECLARATION (GSPD 05-105)

ATTACHMENT 5: DVBE SUBCONTRACTOR AGREEMENT

ATTACHMENT 6: COMMERCIALLY USEFUL FUNCTION (CUF) CERTIFICATION

ATTACHMENT 7: PAYEE DATA RECORD

ATTACHMENT 8: CONTRACTOR CERTIFICATION CLAUSES (CCC 04/2017)

ATTACHMENT 9: CA CIVIL RIGHTS LAW CERTIFICATION

ATTACHMENT 10: DARFUR CONTRACTING ACT CERTIFICATION

ATTACHMENT 11: IRAN CONTRACTING ACT CERTIFICATION

ATTACHMENT 12: CA DVBE BID INCENTIVE INSTRUCTIONS

ATTACHMENT 13: DVBE DECLARATION (STD 843)

ATTACHMENT 14: TACPA PREFERENCE REQUEST (STD 830)

ATTACHMENT 15: DGS PD 525 FORM FOR TACPA

ATTACHMENT 16: DGS PD 526 FORM FOR TACPA

ATTACHMENT 17: GSPD 12-002 REPORT TEMPLATE FOR TACPA

ATTACHMENT 18: CONFLICT OF INTEREST AND CONFIDENTIALITY STATEMENT

ATTACHMENT 19: SAMPLE STANDARD AGREEMENT (STD 213)

ATTACHMENT 20: GenAI Disclosure & Factsheet Form STD 1000

EXHIBIT A – SCOPE OF WORK

ATTACHMENT A1 – PROPOSER SCOPE OF WORK RESPONSE

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

ATTACHMENT B1 – CONTRACTOR COST SHEET

EXHIBIT C – GENERAL TERMS AND CONDITIONS

EXHIBIT D – SPECIAL TERMS AND CONDITIONS

THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK

A. SOLICITATION GUIDELINES & INSTRUCTIONS

This Solicitation Guidelines & Instructions contains information for the submission of your proposal.

It is the responsibility of the Proposer to carefully read and follow all proposal requirements within this solicitation. Compliance with the instructions within this solicitation is mandatory for your proposal to be considered for award. Failure to comply with the instructions may cause your proposal to be deemed non-compliant and non-responsive, thus ineligible for award.

B. NOTICE OF STATE MANDATED SB/DVBE PROGRAM REQUIREMENTS

1. Disabled Veterans Business Enterprise (DVBE) Participation

Per the State Contracting Manual, Volume 1, Section 8.12(B), “unless statutorily exempt, all contracts, regardless of amount, are subject to the DVBE requirement. Agencies may waive the requirement for an individual contract; however, agencies are still expected to meet the overall DVBE goal [3% of all dollars spent in a fiscal year] attainment at the end of the year. When an awarding agency decides to waive the DVBE requirement, this must be noted in the solicitation.”

The Request For Proposal will indicate if either the DVBE participation requirement and DVBE incentive will be waived required for this solicitation.

If the 3% DVBE participation is not waived above, then proposers must have a minimum of 3% participation as a part of their proposal. An incentive valued between 3% and 5% may be added to their scores.

If the 3% DVBE participation is waived above, then a 1% to 5% incentive may be added to the proposer’s score that do have DVBE participation.

If both the 3% DVBE Participation and the DVBE Incentive are waived, then no DVBE incentive points will be added to scores.

Proposals that have at least 3% participation by certified DVBE or is subbing out at least 3% of the work to a certified DVBE, would fulfill the 3% DVBE participation requirement.

2. Small Business (SB) Participation If the 25% Small Business participation is not waived above, then proposers must have a minimum of 25% participation as a part of their proposal.

If the 25% Small Business participation is waived above, then a 5% preference may be added to the proposer’s scores that do have a minimum of 25% Small Business participation.

Proposals that have at least 25% participation by certified SB or is subbing out at least 25% of the work to a certified SB, would fulfill the 25% SB participation requirement.

See the Socio-Economic Preference and Incentive Programs in Section Q for more information on these programs.

Refer to the Notice to Bidders Attachment to determine if DVBE or SB participation is required for this solicitation.

C. MINIMUM QUALIFICATIONS

Refer to the requirements identified in the Request For Proposal to determine if you or your entity meets the minimum qualifications for this project.

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting

Entities submitting a proposal must meet the minimum qualifications to be further evaluated and considered for award. Proposals that do not meet the minimum qualifications will be determined non-responsive and ineligible for award.

The Proposer must provide evidence to show that members of the Proposer’s project team possess the specific qualifications, competence, experience, resources, and business integrity necessary to carry out the work under the contract as expected. Examples of evidence include, but are not limited to:

resumes, letters of reference, and project summaries that highlight the team’s specific experience.

Proposer’s must complete and submit Attachment 3, Proposer References Form. OPR’s project manager for this solicitation will confirm that the Proposer meets the minimum qualifications by performing a reference check and checking the validity of remaining specified qualifications as part of the evaluation of proposals.

D. SCOPE OF WORK

The scope of work of your proposals must be written in response to the tasks and deliverables that are needed and identified in Attachment 19, Exhibit A - Scope of Work. Your Scope of Work must identify how you will meet the project needs by filling out Attachment A-1, Proposer Scope of Work Response.

1. Project Management Plan The Proposer shall provide a project management plan including the management structure of the team, and project organization. The Proposer shall designate, by name, the Project Manager/Principle Investigator to be employed. The selected Proposer shall not cause the substitution of the Project Manager/Principle Investigator without prior written approval of the State. The Proposer must demonstrate the logic and feasibility of the methodology and proposal. The Proposer must spell out the sequence and relationships of major steps and methods for performing the actual work. The project management plan shall include methods to measure project progress against the plan.

2. Methodology/Approach to Work The Proposer shall provide their methodology and approach to the work, identifying specific research methods that will be used as well as administrative and operational management expertise that will be employed in order to accomplish the tasks, deliverables, and milestones. The Proposer shall indicate the manner in which the skills developed in the Proposer’s previous related work experience will be applied to the work described in this project.

3. Work Plan and Work Schedule The scope of work shall clearly identify a work plan and work schedule that will identify all major milestones, tasks, deliverables, and/or reports by which progress can be measured and payments made. The number of hours and dollars shall be identified next to each item. The completion timeframe for those items must also be identified. The work plan shall indicate how the supervision and oversight will be conducted to ensure that the project will remain on schedule and that the distribution of the workload is appropriate.

E. TITLE PAGE

The purpose of the title page is to provide in one location, information needed by OPR administrative staff. It must contain the following information:

• Request For Proposal Solicitation Number

• Project Name

• Date of Submission

• Proposer Name

• Subcontractor Names, if applicable

• Proposer Address

• Proposer Email

• Proposer Phone

F. TABLE OF CONTENTS

The proposal must have a table of contents at the beginning of the proposal to easily navigate.

G. LETTER OF COMMITMENT*

A one-page Letter of Commitment is required to be submitted before the deadline established in the Key Dates Table. The purpose of the letter of commitment is to summarize your interest in the project.

It must contain the following information:

• No more than two pages written on company letterhead

• The name and address of your organization (NOTE: You may use a Post Office box, but please provide your company’s physical street address for our records)

• The name, title, email, and signature of a company official who has the authority to sign a legal binding contract

• A brief synopsis of your organization’s interest in doing this work

• Confirmation that your company plans to submit a proposal in response to this solicitation

H. PROPOSAL CHECKLIST

This is Attachment 1 – Proposal Checklist. The checklist must be filled out completely, signed, and submitted with your proposal.

I. FORMAT REQUIREMENTS

Size 12 font for body text. Times New Roman, Arial, or Calibri for typeface.

The pages of the proposal shall include a header in the top righthand corner of each page. The name of the proposer on the top line; the solicitation number on the middle line; and the page count on the bottom line. See the following example:

ABC Consulting Company

RFP #OPR12345

Proposals must be written from a third person point of view. Do not use first person terminology including, but not limited to: my, I, mine, our, we, we’re, we’ve, us. Instead, be more exact and use specific terms such as [Office of Planning and Research] or [OPR], or the [Proposer’s Name] or [Proposer’s Acronym] to clearly distinguish who it is that is being mentioned.

J. KEY PERSONNEL

The proposer must provide a detailed response, outlining information as to how the proposer meets each of the minimum qualifications listed, and to what extent if any, the minimum qualifications have been exceeded. Submit all applicable documentation and work samples, as appropriate.

The proposer shall list all key personnel (i.e., Project Manager) and other personnel who will be working on the project. Include their titles, qualifications, a summary of similar work or studies performed, a resume for each professional, a statement indicating how many hours each professional will be assigned to the technical assistance project and what tasks each professional will perform. The proposer should create a table that shows how the minimum qualifications are met with assigned key personnel to each category of minimum qualification.

Substitute personnel must meet the same minimum qualifications as described in the Minimum Qualifications of this Request For Proposal. If a contract agreement is awarded to the Proposer, and substitutions are needed - OPR must be notified in advance of personnel being substituted and the notification must come in the form of a request for OPR approval.

K. SUBCONTRACTORS

1. If subcontractors are to be used, the Proposer must have a section within the proposal that identifies the subcontractor(s) as well as the work to be performed by the subcontractor(s). Subcontractor(s) shall also be listed on the Attachment 4 - Bidder Declaration Form (GSPD 05-105). The cost of the subcontractors work is to be included and itemized in the Attachment B1 - Contractor Cost Sheet. If the subcontractor is a certified Small Business (SB) or Disabled Veteran Business Enterprise (DVBE), then the proposal must include copies of the certifications. Any certified SB or DVBE subcontractors are subject to performing a commercially useful function.

Any Subcontractor that the Proposer chooses to use in fulfilling the requirements of this solicitation must also meet all the requisites of this RFP, including the minimum qualifications and insurance requirements.

Subcontractors must be identified prior to the time of proposal submission. Proposals that list subcontractors as To Be Determined will be rejected.

2. Proposer may not substitute any proposed Subcontractor without advance written consent of OPR.

3. Nothing contained in the Agreement or otherwise shall create any contractual relationship between OPR and any Subcontractors, and no Subcontractor shall relieve the Contractor of its responsibilities and obligations hereunder. The Contractor agrees to be fully responsible to OPR for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its Subcontractors is an independent obligation from the obligation of OPR to make payments to the Contractor. As a result, OPR shall have no obligation to pay or to enforce the payment of any moneys to any Subcontractor.

L. QUESTIONS / WEBINAR

1. Questions

All questions and/or concerns to the solicitation requirements must be directed to the e-mail address identified on the Request For Proposal solicitation and not through the Cal eProcure system.

Questions must be submitted referencing the solicitation number in the subject line of the e-mail .

Refer to the Key Dates Table in Request For Proposal of this solicitation for deadline of question submittals.

Questions must be received by the date and time specified in the Key Action Dates. Answers to all questions will be shared via the same method that this solicitation was advertised for. For example, if this solicitation posting was advertised through the Cal eProcure system, the Questions and Answers document will be shared to that posting. If this solicitation was advertised via e-mail, the Questions and Answers document will be shared via e-mail.

2. Webinar (Optional Attendance) Participation in the webinar meeting identified in Request For Proposal of this solicitation is optional but highly encouraged. The webinar is an opportunity for potential proposers to inquire about the specifications of the project or the solicitation itself. During the webinar, staff will walk through the key components of the solicitation and respond to any questions.

Refer to the Key Dates Table in the Request For Proposal of this solicitation for webinar information regarding date, time, and how to register.

Any verbal communication with an OPR employee concerning this solicitation is not binding on the State and shall in no way alter a specification, term, or condition of the solicitation. Therefore, all communication should be directed in writing to the e-mail address identified in the Request For Proposal of this solicitation.

M. GENERAL PROPOSAL REQUIREMENTS

Proposals must provide straightforward and concise descriptions of the Proposer’s and any subcontractors’ ability to satisfy the requirements of this solicitation. The proposal must be complete and accurate. Omissions, inaccuracies, or misstatements will be sufficient cause for rejection of a proposal.

Proposals must be submitted for the performance of all services described within this solicitation. Any deviation from the work specifications contained in this Attachment 19, Exhibit A - Scope of Work , may cause a proposal to be rejected.

1. SUBMISSION OF PROPOSALS

a. Proposals must be submitted electronically only via e-mail to the e-mail address identified in the

Request For Proposal.

b. Proposals must be submitted in the original format of Microsoft Word only. Any other formats may be cause for rejection of the proposal in its entirety.

c. Proposals must be submitted to, and received by OPR, by the receipt deadline identified in the Key Dates Table in Request For Proposal.. The deadline is strict. Proposals received one second passed the deadline will be considered late and will not be accepted.

If files are too large to be submitted in one e-mail, condense the files into a Zipped Folder to be submitted as an attachment. Additionally, you can submit your files through multiple e-mails, but all attachments and emails must be received by the deadline. There will be no exceptions.

d. Hand-delivered and mailed proposals will not be accepted.

e. OPR may modify the solicitation as needed. If modified, OPR will issue an addendum on the CaleProcure website listing where this solicitation is being advertised.

f. OPR reserves the right to reject all proposals. OPR is not required to make an award.

g. More than one (1) 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 Proposer has submitted more than one (1) proposal in response to this solicitation will cause rejection of all proposals submitted by that Proposer. If there is reason to believe that collusion exists among Proposers, none of the participants in such collusion will be considered in this or future acquisitions.

h. Proposals must include all required attachments.

2. MODIFICATION AND/OR WITHDRAWAL TO SUBMISSION

a. A proposer may modify a proposal after its submission by withdrawing its original proposal and resubmitting a new proposal prior to the proposal receipt deadline. Proposal modifications offered in any other manner, oral or written, will not be considered.

b. A Proposer may withdraw its proposal by sending an e-mail to the e-mail address identified in Request For Proposal requesting withdrawal. A Proposer may thereafter submit a new proposal prior to the proposal receipt deadline. Proposals may not be withdrawn without cause subsequent to proposal receipt deadline.

3. PROPOSER RESPONSIBILITIES

a. Proposer should carefully examine the entire solicitation and all attachments, with special attention to the tasks and deliverables. Proposer shall investigate obstacles that might be encountered. No additions or increases to the amount will be made due to lack of careful examination of the requirements, tasks, or deliverables.

b. Before submitting a response to this solicitation, Proposers should review their response, correct all errors, and confirm compliance with all requirements. It is the Proposer’s responsibility to complete and submit all required attachments.

c. Costs incurred for developing proposals and in anticipation of award of the Agreement are entirely the responsibility of the Proposer and shall not be charged to OPR.

d. It is the Proposer’s responsibility to notify OPR via the e-mail address listed in Request For Proposal, if the Proposer believes that the solicitation is unfairly restrictive, contains errors or discrepancies, or is otherwise unclear. Notification must be done immediately to ensure that the matter may be considered, and appropriate action taken by OPR prior to the proposal receipt deadline. Such notification must be submitted no later than the question-and-answer period referenced in the Key Action Dates table. All such correspondence received after the question-and-answer deadline may be considered at the discretion of OPR.

e. Proposer is responsible to review, read, understand, and comply in full with the State’s General Terms and Conditions GTC 04/2017 along with the Contractor’s Certification Clauses CCC 04/2017. For more information, visit the following online directory hyperlink:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language?search=contractor%20certification%20clauses.

f. Each proposal must constitute an irrevocable offer for a period of at least ninety (90) business days after proposal submission.

g. The Proposer must provide evidence to show that members of the Proposer’s project team possess the specific qualifications, competence, experience, resources, and business integrity necessary to carry out the work under the contract as expected. Examples of evidence include, but are not limited to resumes, biosketches, letters of reference, and project summaries that highlight the team’s specific experience. Proposer’s must complete and submit the Attachment 3 - Proposer References Form. OPR staff may contact references as part of the evaluation of proposals.

h. The Proposer must own and operate a legitimate business. Prior to the date of Agreement award, the Proposer must be registered and in good standing with the California Secretary of State, if such registration is required by California law. Evidence of registration shall be submitted with the proposal. A printout of the webpage showing the entity’s business is in good standing will suffice.

i. In the event that any license(s) and/or permit(s) expire at any time during the term of the Agreement, Proposer agrees to provide OPR a copy of the renewed license(s) and/or permit(s) within thirty (30) days following the expiration date. In the event the Proposer fails to keep in effect https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=contractor%20certification%20clauses https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=contractor%20certification%20clauses at all times all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate the Agreement upon occurrence of such event.

j. It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in section 17030 of the Business and Professions Code. A “loss leader” is any article or product sold at less than cost: (a) Where the purpose is to induce, promote or encourage the purchase of other merchandise; or (b) Where the effect is a tendency or capacity to mislead or deceive purchasers or prospective purchasers; or (c) Where the effect is to divert trade from or otherwise injure competitors.

k. When an award is made, the Contractor will be asked to fill out and return the Voluntary Statistical Data Sheet (VSDS) form number DGS PD 802. The completion of this form is strictly voluntary.

Public Contract Code 10111 requires that state agencies capture information on ethnicity, race, and gender (ERG) of business owners on all awarded contracts and procurements to the extent that the information has been voluntarily reported to the department. The awarding department is prohibited from using this data to discriminate or provide a preference in the solicitation or acceptance of bids, quotes, or estimates for goods, services, construction and/or information technology.

4. SIGNATURES

All documents requiring signatures can be signed by either using a wet signature or electronically using Adobe or DocuSign. If using a wet signature, print the document the requires signature, sign it using blue or black ink, and scan it in color.

Only an individual who is authorized to bind the proposing firm (“Firm”) contractually shall sign in the necessary areas that require signature. “Firm” is defined as the business entity. The signature must indicate the title or position that the individual holds in the Firm. A proposal that is missing signatures where they are required may cause rejection of the proposal.

5. 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 6250, et seq.) and subject to review by the public. The State cannot prevent the disclosure of public documents.

N. REFERENCES

Each proposer and subcontractor must provide one (1) reference form. Each form asks for three (3) references with a brief description of services provided.

References must be provided using the Attachment 3 - Proposer References Form. Submission of this attachment is mandatory. Failure to fully complete and return this attachment with your proposal may cause your proposal to be rejected and deemed non-responsive.

A reference check will be conducted after the submission deadline, as a part of the evaluation process.

O. BUDGET DETAIL

1. Proposer may not submit a proposal with a budget that exceeds the total amount of this project identified in the scope of work.

2. Proposer may not substitute more than forty-nine percent (49%) of the work to subcontractors.

3. Proposals shall include a complete budget breakdown detailing the anticipated expenses for this project. The Attachment B1 - Contractor Cost Sheet is provided, which must be submitted with proposals. Proposer must fill out all worksheet tabs within this Excel file. One worksheet is for Cost by Task and the other is for General Cost. Identify any subcontractor expenses as well.

4. Submit a detailed budget itemizing proposed costs by task, subtask, and staff hours attributed to each component for the proposer and any subcontractors.

5. Proposals shall include all anticipated costs for completion for the Work Plan, such as:

• Identification of position/classification titles funded; do NOT list names.

• Labor hourly/salary rates

• Percentage/number of hours of time devoted to the work

• Operating expenses

• Travel and per diem expenses shall be at the rates currently in effect as established by the

California Department of Human Resources (CalHR) – California Code of Regulations, Title 2, Division 1, Subchapter 2, DPA Rule 599,619 (meals and lodging) and DPA Rule 599.631 (mileage). Travel rates can be found at the following online directory:

https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx.

• Subcontractors with the same type of cost details

• Other direct costs (except labor; i.e. educational materials, supplies, research)

**NOTES**

*Labor rates shall include indirect costs (such as overhead, fringe, and administrative costs), fee/profit and any other applicable costs to be charged to this project.

*Tips, gratuities, stipends, honorariums, and food for events are not allowable expenses. DO NOT include these items in the proposed budget.

P. EVALUATION

OPR will convene a panel to conduct an evaluation of the technical areas of the proposal, by an evaluation panel consisting of OPR staff. If deemed necessary, other subject matter experts in civil service, independent academic, technical or policy experts may be called upon to be a part of the evaluation team. Proposals that met the solicitation requirements will be rated by the evaluation panel using a consensus process for determining final scores. Evaluation will be scored using whole points. The cost scoring evaluation phase will be the only phase where decimal points are allowed.

This RFP is using the secondary method also known as the high-score method. In this method, technical quality of the services that are sought after is more important than cost alone. See the chart below that compares the differences between the RFP Primary method and the RFP Secondary method.

https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx

CONSIDERATIONS RFP PRIMARY RFP SECONDARY

When is this method typically used?

To obtain complex services in which professional expertise is needed and may vary. Where different methods and approaches may be applied during performance.

To obtain very complex and/or unique services in which professional expertise and methods may vary greatly. Creative or innovative approaches are needed.

Cost/value of services

$5,000 or more $5,000 or more

Is public eProcure advertising required?

Required Required

How award is made

Lowest-priced qualified responsible proposer

Highest-scored qualified responsible proposer

How the small business preference is applied

The bid of a certified small business is reduced for evaluation purposes only by 5% of the lowest cost offered by a non-small business proposer.

Certified small business will have its points increased by 5% of the total points awarded to the highest cored non-small business proposer.

For more information, refer to the State Contracting Manual, Volume 1, Section 5.06. You can access the State Contracting Manuals at the following online directory hyperlink:

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List- Folder/State-Contracting-Manual.

For this RFP Secondary solicitation there will be four phases of evaluation of proposals:

• Phase 1: Administrative Evaluation (Pass/Fail)

• Phase 2: Reference Evaluations/Minimum Qualifications (25 Possible Points)

• Phase 3: Technical Score Evaluation (100 Possible Points)

• Phase 4: Cost Score Evaluation (50 Possible Points)

After the four phases have been evaluated, any applicable preference and/or incentive amounts will be calculated as well. See next section regarding additional information on preference and incentive programs.

During the evaluation meeting with OPR staff, there will be no individual notes or scoring sheets. The staff member facilitating the evaluation meeting will document and maintain one final score sheet.

1. Phase 1: Administrative Evaluation (Pass/Fail) The Administrative Evaluation phase will determine whether the Proposer meets the administrative requirements of this solicitation to be deemed responsible and responsive. Only the proposals that are deemed responsive and responsible will be evaluated in subsequent Phases. The following is included but not limited to evaluation to determine if the proposal will pass or fail the administrative phase:

• Completeness of proposal

• Receipt of proposal by OPR by the receipt deadline

• Proof of minimum qualifications https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/State-Contracting-Manual https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/State-Contracting-Manual

• Title page, letter of commitment, table of contents, checklist

• Completeness and submission of required attachments

• DGS certification status printouts

• Secretary of State status printouts

• Completeness of budget cost sheet within maximum project dollar amount

Any proposals submitted that are over the maximum amount budgeted for this project will be deemed non-responsive and will not be considered. Any proposals received after the Receipt by OPR Deadline will not be considered. One second past the deadline is considered late.

During this administrative evaluation phase, if an item is unclear or needs further clarification, Proposers may be requested by OPR staff to provide additional clarification and/or documentation, except for the Bidder’s Declaration form; this form cannot be submitted after the submission deadline as this has the potential to affect the scoring of the evaluation. If the Bidder’s Declaration form is not provided, the proposal will be deemed non-responsive for the material deviation and will not continue in the evaluation process. This phase will be scored on a pass or fail basis. Proposals who pass the administrative evaluation phase will proceed to the next phase.

2. Phase 2: Reference Check/Minimum Qualifications Evaluation (*See RFP document) This phase will consist of a reference check and a measurement of experience to determine if the proposer meets the minimum qualifications. The value of points for this Phase 2 is determined by the specific Minimum Qualifications that have been identified in the Request For Proposal document. Only the top 3 proposers will proceed to the next phase.

3. Phase 3: Technical Score Evaluation (100 Possible Points) The Technical Evaluation phase will determine whether the Proposer has the technical expertise for this project. This phase has a point value of 100 possible points.

Refer to the Request For Proposal for additional information on the criteria for the technical scoring phase. Proposals must score a minimum of 70 points out of 100 points on the Technical Score Evaluation phase in order to move to the Cost Score Evaluation phase.

The Technical Score Evaluation phase will be scored using whole points, no half or decimal points will be allowed.

4. Phase 4: Cost Score Evaluation (50 Possible Points) The Cost Score Evaluation phase will evaluate the total cost of the proposal for each proposer. The lowest cost proposal will receive the maximum of 50 cost points. This phase allows staff to evaluate and compare the budgets of each proposal.

Each Proposer’s cost score will be calculated based on the formula ratio of the lowest cost proposal, multiplied by the maximum number of cost points available, and divided by the Proposer’s cost. See formula calculation below:

(Lowest Total Cost Proposal) x (50 Total Cost Points Possible) ÷ Proposer Total Cost

Example: To help illustrate this process, refer to table below, for an example of the cost score calculation process. Cost figures in the example below explain the calculations and have no other significance. Cost points with a decimal value, will be calculated up to two values after the decimal and will be rounded up or down to the nearest hundredth. If there are three or more values after the decimal, the thousandths values of ‘5’ and over will be rounded up, and values with ‘4’ and under will be rounded down. For example, if the cost point total came out to be 44.5678 it will be rounded up become

44.57. If the total came out to be 44.5648 it will be rounded down to become 44.56.

EXAMPLE: Cost Evaluation (50 Points Possible)

BIDDER TOTAL PROPOSAL $ CALCULATION COST POINTS

AWARDED

A $40,000 $30,000 X 50 / $40,000 37.5

B $35,000 $30,000 X 50 / $35,000 42.86

C $30,000 $30,000 X 50 / $30,000 50.0

After the four phases have been completed, and the evaluation committee has adjourned, the Contracts Office staff will finalize the scoring by calculating for any preference and/or incentive preference programs.

In the event that there was a tied score between the top two proposals, OPR will conduct a coin toss as a tiebreaker. The coin toss will be witnessed and documented by at least two OPR employees. The tiebreaker will occur after all scoring has been completed, inclusive of the socio-economic preferences and incentives, if applicable.

Q. SOCIO-ECONOMIC PREFERENCE AND INCENTIVE PROGRAMS

The State of California requires that each fiscal year, all State agencies spend a minimum of 25% of all funding with a Small Business (SB), and 3% of all funding with a Disabled Veteran Business-Owned Enterprise (DVBE). To become a certified SB or DVBE, entities must obtain certification with the State of California’s Department of General Services.

For more information on becoming certified, visit the following hyperlink online directory:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise.

Questions regarding the certification approval process should be directed to the Department of General Services, Procurement Division at (800) 559-5529 or (916) 375-4940. For the 24-Hour Recording & Mail Request call (916) 322-5060.

1. Small Business (SB) Preference Program This solicitation may or may not require a minimum percentage of participation by a certified SB. Refer to the first two pages of this solicitation to determine if participation is required.

Government Code section 14835, et seq., requires a preference be given to Proposers who are a California Certified Small Business (SB). The rules and regulations of this law, including the definition of https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise a SB for the delivery of goods and services, are contained in California Code of Regulations, title 2, section 1896, et seq.

Entities that are certified as a small business with DGS may receive additional points during the evaluation process. This preference will only apply when SB participation is not required.

The SB preference is worth 5%. If the Proposer is a certified SB or is subcontracting at least 25% of the work to certified SBs, then a 5% preference will be applied to that proposal during the scoring of proposals.

Proposers must claim participation. To claim participation, Proposers must complete and submit the Attachment 4 - Bidder’s Declaration (GSPD-05-105) attachment that lists out all certification information for the primary proser and any subcontractors, and attach a copy of the DGS certification of each certified SB.

Pursuant to Government Code section 14837, only a certified SB who performs a Commercially Useful Function (CUF) relevant to the scope of work included in this solicitation may qualify for a SB preference. All subcontractors must perform a Commercially Useful Function (CUF) for this project as defined in California Code of Regulations, Title 2, section 1896.61(l).

In the event of a precise tie between the low responsible bid of a certified small business and the low responsible bid of a certified disabled veteran owned business that is also a small business, the contract must be awarded to the disabled veteran owned small business. (GC § 14838 (f); 2 CCR 1896.8(f)).

Scoring of this preference is for evaluation purposes only. A contract will be awarded to the high-scored proposer, and the contract will be written for the dollar amount proposed by that awardee in their proposal.

2. Disabled Veteran Business-Owned Enterprise (DVBE) Program

a. DVBE Participation Program

This solicitation may or may not require the DVBE Participation requirement. The DVBE Participation requirement means a minimum of 3% participation by a certified DVBE. The 3% DVBE Participation requirement is standard unless it has been waived, per the State Contracting Manual Volume 1, Section 8.12.

If the winning proposer is confirmed to have one or more DVBE subcontractors, they must complete and submit an accurate Prime Contractor’s Certification – DVBE Subcontracting Report (STD 817) upon contract completion. Military and Veterans Code section 999.7 requires OPR to withhold $10,000, or full payment if less than $10,000, from the prime contractor’s final payment pending receipt of a complete and accurate STD 817.

Refer to the first two pages of this solicitation to determine if participation is required.

If the DVBE participation is not waived, this means that proposers are required to have at least 3% DVBE participation. The value of the incentive to be applied during the evaluation scoring phase for this participation will align with the amount of participation of work being done by a certified DVBE.

This will range from a minimum of 3% to a maximum of 5%. See chart below for example.

If the 3% participation requirement is not waived:

Confirmed DVBE Participation of: DVBE Incentive:

3% to 3.99% inclusive 3% 4% to 4.99% inclusive 4%

5% or higher 5%

If the 3% participation requirement is waived:

Confirmed DVBE Participation of: DVBE Incentive:

1% to 1.99% inclusive 1% 2% to 2.99% inclusive 2% 3% to 3.99% inclusive 3% 4% to 4.99% inclusive 4%

5% or higher 5%

For more information on this requirement and the DVBE Participation Program, see the State Contracting Manual Volume 1, Section 8.12 located at this online directory:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/State-Contracting.

b. DVBE Incentive Program This solicitation may or may not require the DVBE Incentive requirement. All competitive solicitations must contain a DVBE Incentive if the solicitation requires the DVBE Participation requirement unless an exemption for the incentive is approved. Competitive solicitations that have waived the DVBE Participation requirement may include the DVBE Incentive.

Refer to the first two pages of this solicitation to determine if participation is required.

If the DVBE incentive is not waived, this means that proposers may receive the DVBE incentive.

The value of the incentive to be applied during the evaluation scoring phase for this participation will align with the amount of participation of work being done by a certified DVBE. This will range from a minimum of 1% to a maximum of 5%. See chart below for example.

If both the DVBE Participation and DVBE Incentive programs have been waived for this solicitation, then there will be no DVBE incentive applied regardless if a DVBE is performing a portion of the work for this project.

Proposers must claim participation. To claim participation, Proposers must complete and submit the Attachment 4 -Bidder’s Declaration (GSPD-05-105) attachment that lists out all certification information for the primary proser and any subcontractors and attach a copy of the DGS certification of each certified DVBE.

Proposers claiming the DVBE incentive must also complete the Attachment 13 - Disabled Veteran Business Enterprise Declarations (STD 843). See Attachment 12 - CA DVBE Bid Incentive Instructions for more information, and you can also visit the following online directory at this https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting hyperlink: https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise.

Pursuant to Military and Veterans Code section 999, only a DVBE who performs a CUF relevant to the scope of work included in this solicitation may qualify the Proposer or be used to qualify the Proposer for a DVBE participation and/or DVBE incentive. All subcontractors must perform a Commercially Useful Function (CUF) for this project as defined in California Code of Regulations, Title 2, section 1896.61(l).

In the event of a precise tie between the low responsible bid of a certified small business and the low responsible bid of a certified disabled veteran owned business that is also a small business, the contract must be awarded to the disabled veteran owned small business. (GC § 14838 (f); 2 CCR 1896.8(f)).

Scoring of this incentive is for evaluation purposes only. A contract will be awarded to the high-scored proposer, and the contract will be written for the dollar amount proposed by that awardee in their proposal.

3. Target Area Contract Preference Act (TACPA) Program The Target Area Contract Preference Act (TACPA) promotes employment and economic development at designated distressed areas by offering 5 percent worksite and 1 percent to 4 percent workforce bidding preferences in specified state contracts. The TACPA preferences do not apply to contracts where the worksite is fixed by the contract terms. These preferences only apply to Bidder’s who are California based firms, and only when the lowest responsible bid and resulting contract exceed $1,000,000. Bidder must certify, under penalty of perjury, to perform either 50 percent of the labor hours required to complete a contract for goods, or 90 percent of the labor hours required to complete a contract for services in the Target Area Contract Preference Act zone(s) identified (Gov. Code § 4530 et seq., and Cal. Code Regs., tit. 2, § 1896.30).

The TACPA program was established in 1983 to stimulate economic growth and employment opportunities in designated distressed areas throughout the state of California. The Procurement Division (PD), Dispute Resolution Unit (DRU) within the Department of General Services (DGS) oversees the TACPA preference program and evaluates all TACPA applications.

a. Worksite: To qualify for a TACPA preference, the firm must be located directly in a California eligible distressed area(s), located directly adjoining/adjacent, or contiguous to a valid TACPA Census Tract & Block Group boundary (GC 4532). In evaluating proposals for contracts for services, the state shall award 5% preference submitted by California-based companies who demonstrate and certify under penalty of perjury that not less than 90% of the total labor hours requires to perform the contract shall be accomplished at an identified worksite(s) located in, adjacent, or contiguous to a distressed area (GC 4534).

b. Workforce: Bidders may also apply for an additional workforce preference of 1% to 4% if the bidder certifies under penalty of perjury to hire persons with high risk of unemployment equal to 5% to 20% of its workforce during the period of the contract performance (GC 4533.1).

c. Compliance and Enforcement: The DGS-PD-DRU monitors compliance of all contracts awarded based on the approval of TACPA worksite(s) and workforce preference. Bidders that have requested and have been given preference shall submit monthly performance reports https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise demonstrating compliance with worksite(s) and workforce requirements (if requested). Bidders who fail to comply may be assessed a penalty fee or may be ineligible to directly or indirectly transact with the state for a period up to 36 months (GC 4535.1). See the Attachment 17 – GSPD 12-002 Report Template for the TACPA Monthly Performance Report of Labor Hours (GSPD 12-002) or by clicking the following hyperlink: https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd12- 002.pdf.

For additional information see the following hyperlinks:

• California Government Code, Title I, Division 5, Chapter 10.5, Section 4530 et seq., (CHAPTER

10.5. Target Area Contract Preference Act [4530 - 4535.3])

• The Department of General Services (DGS), Procurement Division (PD), Dispute Resolution Unit’s (DRU), (TACPA Program)

• TACPA Location finder, (TACPA Map)

• TACPA preference, if applicable (GC § 4530, et seq. and 2 CCR § 1896.30):

Each IFB or RFP for goods or services, in which the cost is estimated to be in excess of $100,000, except when the work site is fixed by the terms of the contract, should contain a provision applying work site and hiring preferences, as applicable, to eligible California-based firms. Bidders and proposers may apply for such preferences by means of a Target Area Contract Preference Request

- STD 830S (for services) or STD 830G (for goods) (2 CCR § 1896 et seq., see also SCM 1, chapter 8). Contact DGS/Dispute Resolution/Preference Program Section for information on TACPA at (916) 375-4604 or (916) 375-4600.

For more information, see Attachment 14 - TACPA Preference Request (STD 830) form or by clicking the following hyperlink: https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf.

See also Attachment 15 - TACPA Manufacturer’s Summary of Goods (DGS/PD 525) attachment or by clicking the following hyperlink:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf.

Lastly, see Attachment 16 - TACPA Bidder’s Summary for Goods or Services (DGS/PD 526) attachment or by clicking the following hyperlink:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf.

To receive the preference, the bidder must complete the necessary forms and certify to perform the contract work as specified. This commitment must be enforced through conditions contained in the contract (GC § 4535). DGS’s Procurement Division’s Dispute Resolution Unit (DGS-PD-DRU) will review these preference forms to determine if preference will be applied, which can take an average of five (5) to ten (10) business days. For more information see the following link:

https://tacpa.dgs.ca.gov/Home/About.

4. Applying the Preference and Incentives

a. Preferences and incentives are used for bid tabulation purposes to determine the high point proposal. Strict adherence to the laws and regulations to apply the preferences and incentives will be followed. If awarded the contract, the preference and/or incentive does not alter the amount of the resulting Agreement. Be aware that contracts awarded with applied preferences or incentives will be monitored throughout the life of the Agreement for compliance to statutory, regulatory, and contractual requirements.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd12-002.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd12-002.pdf http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=5.&title=1.&part=&chapter=10.5.&article http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=5.&title=1.&part=&chapter=10.5.&article http://www.dgs.ca.gov/pd/Programs/DisputeResolution.aspx http://tacpa.dgs.ca.gov/ https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf https://tacpa.dgs.ca.gov/Home/About

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