23-20-008_ERAP_RFP_4.23.24_FINAL.pdf

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

ADMINISTRATION AND MANAGEMENT DIVISION

Business and Contract Services Branch, Contract Services Section 2020 West El Camino Avenue, Suite 130 Sacramento, CA 95833 www.hcd.ca.gov

REQUEST FOR PROPOSAL SECONDARY

Notice to Prospective Proposers

You are invited to review and respond to this Request for Proposal (“RFP”), entitled

RFP #23-20-008

Emergency Rental Assistance Program (ERAP) Subrecipient Compliance Assessments

April 23, 2024

The Housing and Community Development Department (HCD) invites you to review and respond to this Request for Proposal (RFP), entitled RFP #23-20-008 ERAP Subrecipient Compliance Assessments.

In submitting your proposal, Proposers agree that they have read, understood, and shall comply with the instructions found herein. Failure to comply with any of the requirements may result in rejection of a Proposer’s proposal. By submitting a response, Proposers agree to the terms and conditions stated in this RFP and any resulting agreement.

This RFP is published online at the California State Contracts Register (CSCR) Cal eProcure web site at: https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx.

In the opinion of HCD, this RFP is complete. However, if you have questions, or need clarifying information, the contact person for this RFP is:

Danielle Ochoa

HCD Contract Administrator

Danielle.Ochoa@hcd.ca.gov and

ServiceContracts@hcd.ca.gov

Please refer below for dates applicable for questions and needed clarifications.

http://www.hcd.ca.gov/ https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx mailto:Danielle.Ochoa@hcd.ca.gov mailto:ServiceContracts@hcd.ca.gov

Department of Housing and Community Development Request for Proposal No. 23-20-008 ERAP Subrecipient Compliance Assessments

Table of Contents

Contents Table of Contents

Schedule Of Events: *

1. QUESTIONS AND CLARIFICATIONS REGARDING THE RFP:

2. ADMINISTRATIVE INFORMATION

3. PURPOSE, TERM, AND SCOPE OF WORK

4. PROPOSER’S MANDATORY QUALIFICATIONS AND REQUIREMENTS:

5. PROPOSAL CONTENT

6. TECHNICAL PROPOSAL (Max 800 Points)

7. COST PROPOSAL (Max 385 Points)

8. ORAL INTERVIEWS, IF REQUIRED (Max 50 Points)

9. RFP SUBMISSION GUIDELINES:

10. EVALUATION AND SCORING PROCESS

11. AWARD AND PROTEST

12. TAX DELINQUENCY DISCLAIMER

13. OTHER CRITERIA

14. REQUIRED ATTACHMENTS

Attachment 1: Required Attachment Checklist

Attachment 2: Proposal/Proposer Certification Sheet

Attachment 3: Mandatory Qualifications Response

Attachment 4: Proposer References

Attachment 5: Cost Proposal

Attachment 6: Byrd Anti-Lobbying Certification

Attachment 7-16

15. PROPOSED CONTRACT WITH SAMPLE EXHIBITS & ATTACHMENTS ………………………………..36

Schedule Of Events:* All Proposers are hereby advised of the following schedule and will be expected to adhere to the required dates and times. If HCD finds it necessary to change any of these dates, it shall be accomplished via an addendum to this RFP. Any dates that follow the final date for proposal submission are only approximate and may be adjusted as conditions indicate without addendum to this RFP.

Event: Date: Time (PST):

RFP Available to Prospective Proposers1 4/23/2024 N/A

Deadline to Submit Written Questions 4/30/2024 3:00 PM Deadline to Post Responses to Written Questions 5/3/2024 4:00 PM Deadline to Request Access to Vendor RFP Uploads Portal 5/7/2024 5:00 PM

Final Date for Proposal Submission 5/14/2024 2:00 PM

Oral Interview (If needed) 5/20/2024 –

5/22/2024 TBD

Anticipated Notice of Intent to Award 5/27/2024 5:00 PM

Anticipated Agreement Start Date 6/28/2024 N/A

Proposed Contract Term 2 Years - optional one (1) year extension

¹ RFP is available to prospective Proposers via the eProcurement System webpage at https://caleprocure.ca.gov/pages/index.aspx. Proposers must register with Cal eProcure to receive addendums that may be issued, or responses to questions in a Question & Answer document.

1. QUESTIONS AND CLARIFICATIONS REGARDING THE RFP:

Proposers that have questions or require clarifications of the intent and content of this RFP may request clarification only by submitting questions via electronic mail to:

ServiceContracts@hcd.ca.gov and Danielle.Ochoa@hcd.ca.gov

Please reference 23-20-008 ERAP Subrecipient Compliance Assessment in the subject line.

To ensure a response, questions must be received by the date and time specified in the Schedule of Events listed above. Responses to questions received by this date will be posted to the Cal eProcure website, without identifying the source of the query, on or before the date specified in the Schedule of Events listed above.

https://caleprocure.ca.gov/pages/index.aspx

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

A. Errors and Omissions

1) If a Proposer discovers any ambiguity, conflict, discrepancy, omission or other error in this RFP, the Proposer should immediately notify HCD of such error in writing and request clarification or modification of the document. This notification must be submitted pursuant to the procedures described on page 3 above, Questions and Clarifications Regarding the RFP.

2) Modifications to the RFP will be made by addenda issued pursuant to the following Section B, Addenda. If a Proposer fails to notify HCD of a known error prior to the final dates of submission, or an error that reasonably should have been known, the Proposer will assume the risk of proposing. If awarded the contract, the Proposer will not be entitled to additional compensation or time by reason of the error or its later correction.

B. Addenda

1) HCD may modify any part of the RFP, prior to the date Proposals are due, by issuance of one (1) or more addenda. Addenda will be numbered consecutively and posted to the Cal eProcure website. HCD will not notify potential proposers of Addenda.

C. Proposer’s Costs

1) All costs for developing Proposals are entirely the responsibility of the Proposer and will not be chargeable to HCD.

2. ADMINISTRATIVE INFORMATION

A. Background On December 27, 2020, the Consolidated Appropriations Act, 2021 (Pub.L. No. 116-

260) (the “Act”) was signed into law. Section 501 of Division N of the Act established the federal Emergency Rental Assistance Program (“ERAP”) and authorized the direct allocation of emergency rental assistance funds to states, units of local governments, tribal communities, and territories. The ERAP funds are intended to assist households that are unable to pay rent and utilities due to the novel coronavirus disease (COVID-

19) pandemic.

California Senate Bill No. 91 (2021-2022 Reg. Sess.) (“SB 91”) established the State of California’s program for administering its share of ERAP funds (the “State Rental Assistance Funds”). SB 91 added Chapter 17 (commencing with Section 50897) to Part 2 of Division 31 of the Health and Safety Code. Health and Safety Code section 50897.1, subdivision (a)(1) authorizes HCD to administer the State Rental Assistance Funds in accordance with state and federal law.

On March 11, 2021, the American Rescue Plan Act of 2021 (Pub.L. No. 117-2) (“ARPA”) was signed into law. Section 3201 of Subtitle B of Title III of ARPA established the federal Emergency Rental Assistance Program (“ERA2”) and authorized the direct allocation of emergency rental assistance funds to states, units of local governments, territories, and high-need grantees. The ERA2 funds are intended to assist households that are unable to pay rent and utilities during or due to the novel coronavirus disease (COVID-19) pandemic.

California Assembly Bill No. 832 (Chapter 27, Statutes of 2021) (“AB 832”) established Round 2 of the State of California’s program for administering its share of ERA2 funds (the “State Rental Assistance Program – Round 2” or “SRA2 Funds”). AB 832 amended Sections 50897, 50897.1, 50897.2, 50897.3, and 50897.4 of, and added Sections

50897.2.1 and 50897.3.1 to, the Health and Safety Code. Health and Safety Code section 50897.1, subdivision (a)(1) authorizes HCD to administer the SRA2 Funds in accordance with state and federal law.

To promote the efficient disbursement of funds under both the ERAP and the State Rental Assistance Program, several localities chose to redirect their federal grant awards to HCD so that the Department could administer the localities’ direct federal allocations and proportionate State Rental Assistance shares (i.e., administrative Option A as described within Health and Safety Code section 50897). HCD sub-awarded grants to Option A localities to be expended on supplemental administrative costs incurred by the local governments in support of the State Rental Assistance Program.

HCD sub-awarded portions of the State Rental Assistance Funds and SRA2 Funds as subgrants to eligible localities that chose to operate their own rental assistance programs (i.e., administrative Option B as described within Health and Safety Code section 50897). By entering into subaward agreements with HCD, the localities agreed to utilize their direct federal allocations of ERAP funds and their state subawards in compliance with the state’s documented Program Requirements and with the terms and conditions of the subaward standard agreements. The localities further agreed not to institute additional programmatic requirements that might inhibit participation in the rental assistance program.

HCD is seeking the services of a contractor to conduct compliance reviews of all local government recipients of federal subgrants awarded by HCD (Option A and Option B).

The scope of the reviews will include all applicable state and federal regulations for fund use as described in the Code of Federal Regulations, Title 2, Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). In addition, the reviews must consider each subrecipient’s compliance with applicable federal statutes, state statutes, standard agreements, and other state and federal guidance relevant to the Emergency Rental Assistance Programs. The following describes the Objectives and Scope of the services sought.

HCD’s Mission is to promote safe, affordable homes and vibrant, inclusive, sustainable communities for all Californians. The Department of Housing and Community Development values diversity at all levels of the organization and is committed to fostering an environment in which employees and partners from a variety of backgrounds, cultures, and personal experiences are welcomed and can thrive. We believe the diversity of our employees and our partners bring their unique ideas and perspectives that inspire innovative solutions to further our mission.

1) The objectives of the compliance reviews are to determine the following:

a) Are all subrecipients of federal subawards provided by HCD (i.e., Option A and Option B awardees) using the grants for authorized purposes?

b) Are all subrecipients of federal subawards provided by HCD (i.e., Option A and Option B awardees) using the grants in compliance with state and federal statutes, regulations, and the terms and conditions of the subaward?

c) Do all subrecipients of federal subawards provided by HCD (i.e., Option A and Option B awardees) maintain adequate documentation to support the appropriate use of federal funds?

d) Are subrecipients of federal subawards provided by HCD for direct rent/utility assistance (i.e., Option B awardees) using the subaward(s) in conformity with state and federal laws, regulations, and guidance, and in alignment with the respective program’s guidelines?

e) Are all Option B subrecipients of federal subawards provided by HCD achieving the performance goals specified in state and federal statutes, award/subaward agreements, and associated guidance?

f) Do all Option B subrecipients of federal subawards provided by HCD have adequate processes and internal controls to ensure appropriateness of assistance payments issued, effective management of funds, and accurate financial reporting?

g) Do all Option B subrecipients have adequate processes to manage, review, and control any grants, subawards, and contracts they issued using the federal subaward funds provided by HCD?

B. Condition of Award

The awarded Contractor will not be authorized to commence performance of services or delivery of goods described in this Agreement prior to the Effective Date and execution of the contract. Any delivery of goods or performance of services by the awarded Contractor that is commenced prior to the Effective Date will be considered gratuitous on the part of the Contractor with no cost or obligation on the part of HCD.

C. No Guarantee of Quantities

The scope and quantities referenced in this RFP are estimated to be the amount needed based on current information available to HCD. HCD is not obligated to contract for or to accept more than the actual requirements needed during the period of this Agreement, as determined by actual needs and availability of appropriated funds.

HCD reserves the right to increase or decrease quantities and make adjustments between individual task budgets, as appropriate, at the prices stated in the Agreement resulting from this RFP.

D. Definitions

Contractor - Denotes the Proposer that is awarded a contract as a result of this procurement and will have full responsibility and liability for the completion of all deliverables.

Contractor’s Engagement Director and/or Engagement Manager - Contractor’s principal point of contact for HCD.

Department of General Services - California’s procurement authority.

ERAP - Emergency Rental Assistance Program.

HCD - Department of Housing and Community Development.

Proposal - A response to a RFP for Proposals.

Proposer - Denotes any organization that submits a Proposal responding to the RFP prior to award.

RFP - Request for Proposal; a RFP for Proposals

SOW - Scope of Work, which is used in this document to describe the services and tasks needed to perform compliance and assessment reviews of subrecipients.

Throughout this RFP the following terms will be used to designate mandatory and non-mandatory requirements:

Shall, Must, or Will - Denotes mandatory language; a requirement that must be met without alteration.

Should, Can, or May - Denotes desirable, non-mandatory language.

3. PURPOSE, TERM, AND SCOPE OF WORK

A. Purpose The Department of Housing and Community Development (HCD) is seeking the engagement of a contractor for compliance and assessment services related to the use of federal grant awards and state subawards. HCD would like to acquire services to perform compliance and assessment reviews of subrecipients to enhance monitoring and oversight of entities that received federal funds through subgrants issued by HCD.

B. Agreement Term:

June 28, 2024 or Upon approval by the Department of General Services (DGS), whichever later, through twenty-four months, with the option for HCD to extend the Agreement for one (1) additional year. No services will be provided before approval by DGS, or after the termination date. Any permitted amendment(s) would continue the services outlined in the original Scope of Work, as described in Section 15, Exhibit A of this RFP at the same terms and rates.

C. Scope of Work

Please refer to Exhibit A, Scope of Work of the proposed contract.

4. PROPOSER’S MANDATORY QUALIFICATIONS AND REQUIREMENTS:

A. In General

Proposals must describe the Proposer’s qualifications and expertise in the format outlined in the RFP. A proposal will not be considered complete unless it contains all of the items described below. Proposers are not to alter or modify the forms other than by providing the required information; please note, adding your firm’s logo or letterhead to the form is not considered a modification or alteration of the form. Failure to provide adequate evidence, documentation, forms, or any required information may cause the Proposal to be rejected. The proposer must demonstrate meeting the following mandatory qualifications. Failure to provide adequate evidence and/or documentation will cause the proposal to be rejected. The documentation provided will be scored on a pass/fail basis. Proposals that fail any mandatory qualifications or requirements will not be further evaluated and will be deemed nonresponsive at the discretion of HCD.

1) Proposer must provide a copy of their active certificate with the California

Secretary of State.

2) Proposer must submit all items listed in Section 5 – Proposal Content.

3) Proposer must assign classifications to deliver the services required in Section 15, Exhibit A, Scope of Work of the proposed contract as part of the Technical Proposal.

4) Provide resumes (excluding Administration staff), for Proposer’s firm, teaming partners, subcontractors, and Key Personnel, including but not limited to, the Project Manager and technical or resource area leads who will be assigned to the Work, detailing the specific role of each individual involved in the Scope of Work. All listed staff must have the minimum required years of experience as documented through resumes and other relevant supporting documentation, such as past contracts or finalized work products for performance of work with agencies other than HCD, evidencing the experience specified below in Section 4.B. Resumes will be used to help evaluate and ensure the mandatory requirements of staff listed are met.

5) Proposer will list specific full-time staff available upon the date of the proposed Agreement execution for each identified task in the Scope of Work. Qualified staff must be maintained for the term of the proposed Agreement.

6) Proposer will list specific full-time staff of each subcontractor or who will be available on the date of the proposed Agreement execution for each identified task in the Scope of Work. Qualified staff must be maintained for the term of the proposed Agreement.

7) Proposer must provide an organization chart for the Proposer’s staff and subcontractors, with clearly defined levels of authority and oversight. Proposer must highlight key personnel staffing positions and roles that will be held by Proposer’s staff and subcontractors.

8) Proposer must list all current Key Personnel, including any subcontractors’ Key

Personnel, who will be performing services under the contract. Key Personnel must be skilled, experienced professional and/or technical personnel who meet or exceed the qualifications described below. All personnel who will exercise a major policy, administrative, or consultative role in carrying out the Agreement are Key Personnel.

B. Required Experience

1) Each Key Personnel member (including, but not limited to, the Engagement

Director and Engagement Manager) must have at least four (4) years’ experience within the past ten (10) years in leading compliance monitoring, compliance reviews, or audit work in programs of comparable size and complexity (e.g., state and local government programs funded by emergency federal grants).

2) Each team member other than Key Personnel must have at least two (2) years’ accumulative experience within the past five (5) years performing compliance monitoring, compliance reviews, or audit work in programs of comparable size and complexity (e.g., state and local government programs funded by emergency federal grants).

3) The Proposer (i.e., prime contractor) must have completed at least three (3) compliance reviews of programs that utilized grant awards subject to federal regulations within the past five (5) years.

4) Engagement Director experience: Provide a resume or other description of the individual proposed as the highest-level Engagement Director. The individual must be authorized to contractually bind the Proposer. Include, at minimum, information regarding the Engagement Director’s length of experience providing compliance review services; professional designations, licenses, certificates;

discussion of successful completion of similar contracts; and experience with government entities.

5) Engagement Manager experience: Provide a resume or other description of the individual proposed as the Engagement Manager that will lead the day-to-day team activities. Include, at minimum, information regarding the Engagement Manager’s length of experience providing compliance review services;

professional designations, licenses, certificates; discussion of successful completion of similar contracts; and experience with government entities.

6) Adequate Staffing: Proposer will demonstrate its ability to adequately staff and scale personnel levels to maintain agreed upon service levels throughout the term of the Agreement. Proposer will provide an organization and staffing plan that specifically includes the required number of personnel, roles and responsibilities of each person assigned to the contract, their planned level of effort, their anticipated duration of involvement, and their availability.

C. Insurance Requirements

The Proposer will not commence performance under the Agreement until the Proposer has provided HCD with a certificate of insurance stating that there is liability insurance presently in effect for the Proposer with a Combined Single Limit (CSL) of not less than $1,000,000.00 per occurrence. The Proposer will provide written notice to HCD within five (5) business days of any cancellation, non-renewal, or material change that affects the required insurance coverage. The certificate of insurance must include the following provision: “The State of California, HCD, and their officers, agents, employees, and servants are included as additional insureds, but only with respect to work performed for HCD under this Agreement.”

D. Proposer References

Proposer must submit applicable references using the form in Attachment 4: Proposer’s References: Proposer must provide three (3) references from customers for whom the proposer has provided services of the same nature and type as those outlined in this solicitation.

5. PROPOSAL CONTENT

Proposals must describe the Proposer’s qualifications and expertise in the format outlined in the RFP. A proposal will not be considered complete unless it contains all of the items described below.

A. Cover Letter of Interest

Provide a Cover Letter of Interest, which will be considered an integral part of the

Proposal and must be signed by an individual who is authorized to bind the Proposer contractually. The cover letter must state the individual is so authorized and must identify the title or position that the individual holds in the Proposer’s firm. An unsigned cover letter will cause the Proposal to be rejected. The letter must contain all of the following:

1) A statement to the effect that the Proposal is a firm and irrevocable offer good through the effective date of the resulting contract.

2) A statement expressing the Proposer’s willingness to perform the services as described in this RFP.

3) A statement expressing the Proposer’s availability of staff and other required resources for performing all services and providing all deliverables as described in this RFP.

4) The principal place of business and the contact person, title, telephone, and email address of a single person for possible contact during this RFP review process.

5) A statement expressing that the Proposer will continue to meet all terms and conditions for operating a business in the city/county in which the business is headquartered.

6) By signing the cover letter of interest and Proposal, the Proposer certifies that the signatory is authorized to bind the Proposer/Standard Agreement, if awarded.

B. Table of Contents

Properly identify each proposal requirement and the contents therein. Number the pages for all documents.

C. Mandatory Qualifications

Proposers must provide evidence and/or written documentation of how each mandatory qualification is met as outlined in Attachment 3, Mandatory Qualifications Response of this RFP.

D. Technical Proposal

Proposers must provide all requested information as outlined below in Section 6, Technical Proposal of this RFP.

E. Required Attachments

A complete proposal or proposal package must also include the items identified as listed in Section 14, Attachment 1, Required Attachment Checklist below.

6. TECHNICAL PROPOSAL (Max 800 Points)

Proposer must include a written statement indicating the number of years performing the tasks outlined in Section 15, Exhibit A, Scope of Work of the proposed contract and explain how the organization qualifies to perform such tasks and further HCD’s policy goals. Portions of the technical proposal from the awarded proposer’s work plan may be incorporated into the contract as needed. Proposer shall describe general experience and strategy for subcontracting tasks (if any) for which they are not qualified. Please organize your response according to the outline below. The total maximum points for each category are provided in parentheses and will be scored on a points-earned basis as described in Section 10, Evaluation and Scoring Process.

In addition to meeting the Mandatory Qualifications and Requirements in Section 4, Proposer’s organization, Key Personnel, any subcontractors, if any, including any project manager and technical or resource area leads, will be scored on all of the following as documented through resumes of Key Personnel and subcontractors who will be performing the work, and other relevant supporting documentation, such as past individual finalized work products for performance of work with agencies other than HCD, evidencing the experience specified below.

Proposer must provide a resume to support meeting the mandatory qualifications for the type of work that each Key Personnel performs.

A. Qualifications and Experience of Organization, Key Personnel, Subcontractors

(Max 300 points)

1) Organizational Capabilities and Competence (Max 300 points)

Provide a brief overview of the Proposer’s organization and its experience in the following areas:

a) Specific examples of past compliance assessments of federal grant programs including reviews of prime award recipients, subrecipients, and subawards.

b) Specific examples of assessments conducted among multiple, geographically diverse locations that involved remote and onsite reviews.

c) Specific examples of assessments that included case management, eligibility determination, and/or adjudication process reviews.

B. Work Plan and Work Schedule with Approach and Methodology (Max 500 points)

1) For all tasks, Proposer will provide their approach for managing operations to provide efficiency and effectiveness and optimize the use of personnel and other resources. Using Section 15, Exhibit A, Scope of Work of the proposed contract, the Proposer shall:

a) Describe your team’s proposed strategies and approaches for planning and performing the compliance assessment including the use of applicable standards, regulations, and requirements.

b) Describe how the assessment activities will be planned, conducted, managed, and completed.

c) Describe how subrecipients’ grant use will be evaluated and how program/performance deficiencies or other problems will be identified, documented, validated, and reported.

d) Describe how deliverables will be developed and submitted.

e) Describe your staffing and management approach including your approach for remote and onsite assessments of subrecipients throughout California.

7. COST PROPOSAL (Max 385 Points)

A. Complete the Attachment 5, Cost Proposal worksheet, which will consist of the required deliverables of this Agreement, as a guide to prepare an offer for completing the services within Section 15, Exhibit A, Scope of Work of the proposed contract to allow for completion within the Agreement term.

B. The cost proposal will be scored as set forth in Section 10.L below.

C. All labor categories and other direct costs included in the Proposal are subject to written approval by HCD.

D. The awarded Proposer from this RFP will be paid the actual billable unit prices proposed for all services based on the costs set forth in the Standard Agreement with HCD as proposed under this RFP.

E. Proposer must identify the proposed roles of all other non-Key Personnel who will perform work described within Section 15, Exhibit A, Scope of Work of the proposed contract. E.g., Administrative/support staff.

F. This is a competitive solicitation and HCD encourages that all Proposers submit their best and final cost proposal with all applicable documentation.

8. ORAL INTERVIEWS, IF REQUIRED (Max 50 points) A. HCD, at its sole discretion, may require the top three (3) responsive Proposers to participate in an interview which may also require an oral presentation of how they propose to meet the objectives of this RFP.

9. RFP SUBMISSION GUIDELINES:

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

B. Proposers will be required to request access to the HCD Vendor RFP Uploads Portal by the time identified in the Schedule of Events table on the third page of this RFP prior to submitting a Proposal.

C. Access to the Vendor RFP Uploads Portal must be requested by sending an email to servicecontracts@hcd.ca.gov and Danielle.Ochoa@hcd.ca.gov identifying the name(s) and email(s) of staff requiring access to the Vendor RFP Uploads Portal.

D. All Proposals must be submitted electronically to HCD by the date and time shown in the Schedule of Events table on the third page of this RFP. Proposals received after the final submission date and time will not be considered.

E. It is the responsibility of the Proposer to use a clear naming convention for all documents.

F. Please note, although the Department will exercise its right to withhold certain information under the Public Records Act, by submitting materials to the Department, Proposer is consenting to disclosure of any such materials (even if Proposer considers them confidential) as determined in the discretion of the Department.

G. All documents contained in the Proposal package must be signed by an individual who is authorized to bind the Proposer. The signature must indicate the title or position that the individual holds in the Proposal. An unsigned Proposal may be rejected.

H. If the Proposal is made under a fictitious name or business title, the actual legal name of Proposer must be provided.

I. All proposals are required to include the documents identified as required on the Attachment 1: Required Attachment Checklist. Proposals not including the proper “required attachments” will be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements. Proposals deemed non-responsive will be rejected.

J. A proposal may be rejected if it is conditional or incomplete, deemed non-responsive, or if it contains any alterations of form or other irregularities of any kind. HCD may reject any or all proposals and may waive any immaterial deviation in a proposal. HCD’s waiver of immaterial defect will in no way modify the RFP document or excuse the Proposer from full compliance with all requirements if awarded the agreement.

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

L. A Proposer may withdraw its proposal by submitting a written withdrawal request to ServiceContracts@hcd.ca.gov and Danielle.Ochoa@hcd.ca.gov signed by the Proposer or an authorized agent. A Proposer may thereafter submit a new proposal prior to the proposal submission deadline.

M. HCD may modify this RFP prior to the date fixed for submission of Proposals by the issuance of an addendum in the same manner as the original RFP was released.

mailto:servicecontracts@hcd.ca.gov

N. Proposers are cautioned to not rely on HCD during the evaluation to discover and report to the Proposer any defects and errors in the submitted documents. Proposers, before submitting their documents, should carefully proof them for errors and adherence to the RFP requirements.

O. More than one (1) proposal from an individual, Proposer, 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 for the work contemplated herein will cause the rejection of all proposals submitted by that Proposer.

P. HCD does not accept alternate agreement language from a prospective contractor. A proposal with such language will be considered a counter proposal and will be rejected.

The state’s General Terms and Conditions (GTC) that may be viewed and downloaded at: https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017- FINAL.pdf. are not negotiable.

Q. Proposers must carefully examine the requirements of this RFP. No additions or increases to the agreement amount will be made due to lack of careful examination and specifications and requirements.

R. No Proposer-initiated contact will be allowed between Proposers and members of the Evaluation Panel, or HCD staff, after issuance of this RFP document, with the exception of the contact person named.

S. No oral/verbal understanding or agreement will be binding on either party.

10. EVALUATION AND SCORING PROCESS

A. The HCD Evaluation Team will be responsible for the review and evaluation of Proposals. The proposal will be reviewed, and points will be assigned based on a general assessment. Proposals must include clear and distinctive explanations; and not provide a repeat of the RFP requirements but demonstrate a well thought out approach to meeting the requirements of the RFP.

B. At the time of proposal opening, each proposal will be checked for the presence or absence of required information in conformance with Section 4, Proposer’s Mandatory Qualifications and Requirements, and Section 9, RFP Submission Guidelines, and the Attachment 1, Required Attachment Checklist.

C. HCD will evaluate each proposal to determine its responsiveness to the requirements outlined in this RFP.

D. If deemed necessary by HCD, at its sole discretion, HCD will request the Proposer to provide additional information, and reserves the right to seek clarification of any Proposal for the purpose of identifying and eliminating minor irregularities or informalities found in any Proposal. Please refer to section 9.J. above.

E. HCD may request clarifications from Proposers at any phase of the evaluation process for the purpose of clarifying ambiguities in the information presented in the Proposal.

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINAL.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINAL.pdf

HCD will request in writing that the Proposers provide the documentation required and specify the timeline for submission. Failure to submit the required documentation by the date and time indicated may cause HCD to deem the proposal nonresponsive or require HCD to eliminate the proposal from consideration due to a Proposer’s failure to satisfy mandatory requirements.

F. Proposals that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the Proposer, may be rejected.

G. Each Proposer’s Mandatory Qualifications will be evaluated based on a pass/fail evaluation. If the Proposer meets all Mandatory Qualifications, then the Technical Proposal, Proposer References and Cost Proposal will be evaluated and scored.

H. Interview May Be Required:

1) HCD, at its sole discretion, may require the top three (3) responsive Proposers to participate in an interview which may also require an oral presentation of how they propose to meet the objectives of this RFP.

2) HCD reserves the right to enter into an Agreement without further discussion of the Proposal submitted based on the initial Proposal.

3) If interviews are required, the information received in the oral presentation will be added to the total points possible. The total amount of interview points will be up to 50 points.

I. HCD will use a “highest points” methodology to determine which proposal is awarded.

Proposals will be evaluated according to the following criteria.

Scoring Criteria Category Max. Points Assigned

Qualifications and Experience of Organization, Key Personnel, Subcontractors:

Scoring Criteria Category Max. Points Assigned

1)

Technical Proposal A.1: Organizational Capabilities and Competence

A brief overview of the Proposer’s organization and its experience in the following areas:

a) Specific examples of past compliance assessments of federal grant programs including reviews of prime award recipients, subrecipients, and subawards (Max points 100).

b) Specific examples of assessments conducted among multiple, geographically diverse locations that involved remote and onsite reviews (Max points 100).

c) Specific examples of assessments that included case management, eligibility determination, and/or adjudication process reviews (Max points 100).

Scoring Criteria Category Max. Points Assigned

Technical Proposal B.1: Work Plan and Work Schedule with Approach and Methodology

For all tasks, Proposer’s approach for managing operations to provide efficiency and effectiveness and optimize the use of personnel and other resources.

Using the Scope of Work of the proposed contract in Section 15, Exhibit A of this RFP, the Proposer shall:

a) Describe your team’s proposed strategies and approaches for planning and performing the compliance assessment including the use of applicable standards, regulations, and requirements (Max points 100).

b) Describe how the assessment activities will be planned, conducted, managed, and completed (Max points 100).

c) Describe how subrecipients’ grant use will be evaluated and how program/performance deficiencies or other problems will be identified, documented, validated, and reported (Max points 100).

d) Describe how deliverables will be developed and submitted (Max points 100).

e) Describe your staffing and management approach including your approach for remote and onsite assessments of subrecipients throughout California (Max points 100).

2) Proposer References 50

3) Cost Proposal 385

TOTAL POSSIBLE POINTS 1235

4) Oral Interview (If needed)* 50

TOTAL POSSIBLE POINTS INCLUDING INTERVIEW 1285

* A maximum of 50 points will be added to the total points if oral interview are conducted.

J. Scoring Criteria

The responses will be reviewed, and points will be assigned, based on HCD’s evaluation and according to the point values listed below. Responses will include clear and distinctive explanations, and not only repeat back the RFP requirements.

Responses will demonstrate a well thought out approach to meeting the requirements of this RFP.

1) Technical Proposal A.1: Qualifications and Experience of Organization, Key Personnel, Subcontractors (Max. 300 points)

2) Technical Proposal B.1: Work Plan and Work Schedule with Approach and Methodology (Max. 500 points)

Qualifications and Experience of Organization, Key Personnel, Subcontractors Point Values

Proposal response (i.e., content and/or explanation offered) is inadequate or does not meet HCD’s needs/requirements or expectations. The omission(s), flaw(s), or defect(s) are significant and unacceptable.

0 Points No Value

Proposal response (i.e., content and/or explanation offered) is barely adequate or minimally meets HCD’s needs/requirements or expectations.

25 Points Poor

Proposal response (i.e., content and/or explanation offered) is satisfactory and meets HCD’s needs/requirements or expectations. The omission(s), flaw(s), or defect(s), if any, are inconsequential and satisfactory.

50 Points Fair

Proposal response (i.e., content and/or explanation offered) fully meets HCD’s needs/requirements or expectations with no omissions, flaws or defects.

75 Points Good

Proposal response (i.e., content and/or explanation offered) exceeds HCD’s needs/requirements or expectations. Proposer offers one (1) or more methods or approaches that will enable performance to exceed HCD’s expectations.

100 Points Excellent

Work Plan and Work Schedule with Approach and Methodology Point Values

Proposal response (i.e., content and/or explanation offered) is inadequate or does not meet HCD’s needs/requirements or expectations. The omission(s), flaw(s), or defect(s) are significant and unacceptable.

0 Points No Value

K. Proposer References (Max. 50 points)

The Proposer must submit three (3) company references using the Attachment 4, Proposer References form. All three (3) references submitted must be for engagements similar in size, scope, and function to the RFP Scope of Work and substantiate the Mandatory Qualifications, Section 4.

Points for references will be achieved based on how the reference elects to assess the company. HCD reserves the right to contact the reference for validation purposes.

Proposers who submit more than three (3) references will not receive additional points.

Only the first three (3) references included in the response will be scored. HCD reserves the right to adjust the numeric points assigned by the reference based on assessment of written explanations provided by the reference.

A maximum of 50 points (average of all three (3) references) are available for this comparison element.

Example: In the sample scenario provided below, Proposer A submits three (3) references and each one (1) totals the maximum 50 points under the Proposer References. The three (3) references are totaled and an average of 50 points is achieved. The Proposer will receive the maximum 50 points possible for Proposer A.

The maximum points possible for three (3) references = 150 subtotal; 150 divided by 3 = 50.

A B C D Total

Contractor Rating Form Point Values

Subtotal (Sum Col B)

Adjusted Points

(Col C ÷ 3)

Proposal response (i.e., content and/or explanation offered) is barely adequate or minimally meets HCD’s needs/requirements or expectations.

25 Points Poor

Proposal response (i.e., content and/or explanation offered) is satisfactory and meets HCD’s needs/requirements or expectations. The omission(s), flaw(s), or defect(s), if any, are inconsequential and satisfactory.

50 Points Fair

Proposal response (i.e., content and/or explanation offered) fully meets HCD’s needs/requirements or expectations with no omissions, flaws or defects.

75 Points Good

Proposal response (i.e., content and/or explanation offered) exceeds HCD’s needs/requirements or expectations. Proposer offers one (1) or more methods or approaches that will enable performance to exceed HCD’s expectations.

100 Points Excellent

A 50 50 50 150 50 50 B 48 46 50 144 48 48

C 50 50 47 147 49 49

This same process is applied to Proposers B and C.

L. Cost Proposal (Max. 660 Points)

The following formula will be used for the award of cost points:

Lowest cost proposal is awarded the maximum cost points. Other proposals are awarded cost points based on the following calculation:

Proposer’s cost points = lowest cost proposal x maximum cost points

Proposer’s cost proposal

Example: Lowest cost proposal = $125,000 Proposer’s cost proposal = $150,000 Max. cost points = 660 points

Proposer’s cost = $125,000 x 660 = 550 points awarded to Proposer $150,000

M. Final Scoring

1) Scores from Technical Proposal, Proposer References, and Cost Proposal and

Oral Interviews (if needed) will be added together and sub-totaled. The maximum points possible for the subtotal will be 2,200 points.

2) In the event of a tie in the final score, a tiebreaker will be decided based on the lowest cost.

3) The award, if made, will be to the responsive and responsible Proposer earning the highest overall score.

11 . AWARD AND PROTEST

A. The contract will be awarded to the responsive and responsible Proposer who scored the highest total points in the Evaluation and Scoring Process.

B. Notice of the proposed award will be on Cal eProcure at https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx for five (5) working days prior to awarding the agreement.

C. Award of the contract is subject to the review and approval of the Department of General Services (DGS). Work may not begin until the contract has been approved by the DGS.

D. Prior to the award of agreement, a Proposer may file a protest with the DGS, Office of Legal Services (OLS). The protest notification should identify the grounds of the protest, https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx including that the protesting Proposer would have been awarded the agreement had the HCD correctly applied the evaluation standard in the RFP, or followed the evaluation and scoring methods in the RFP.

E. Protest notifications must identify the Department of Housing and Community Development as the Awarding Agency and identify the RFP Number 23-20-008.

F. Protest Notification must be sent to both of the following addresses:

Department of General Services Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Email: OLSProtests@dgs.ca.gov

Housing and Community Development Contract Services Section Attention: Danielle Ochoa 2020 West El Camino Avenue, Suite 130, Sacramento, CA 95833 ServiceContracts@hcd.ca.gov

G. Protests may be sent to DGS by mail, email, courier or personal delivery.

H. Protesting Proposers should include their email address if they have one and advise the DGS Bid Protest Coordinator if they will accept service of documents pertaining to the protest via email.

I. HCD encourages any protest to be submitted electronically via email. If a protesting Proposer prefers to submit a physical copy of the protest, HCD encourages submittal through certified or registered mail.

J. Within five (5) calendar days after filing the initial protest, the protesting Proposer shall file with the DGS, OLS and the HCD a detailed written statement specifying the grounds for the protest.

K. The agreement will not be awarded until either the protest has been withdrawn or the DGS has decided the matter.

12. TAX DELINQUENCY DISCLAIMER

A. Pursuant to the Public Contract Code section 10295.4, persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the California Department of Tax and Fee Administration (CDTFA) are ineligible to enter into any agreement with the state for non-IT goods or services. Any agreement entered into in violation of section 10295.4 is void and unenforceable.

mailto:OLSProtests@dgs.ca.gov

B. Prior to executing any state agreement or renewal for non-IT goods or services, the HCD shall verify that the proposed awardee(s) is not on a prohibited list by checking both the FTB and CDTFA websites. The established lists can be found at:

FTB: About the delinquent taxpayer list | https://www.ftb.ca.gov/about-ftb/newsroom/top- 500-past-due-balances/corporate-income-tax-list.html

CDTFA: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

13. OTHER CRITERIA

A. Conflict of Interest

Compliance is required with California Public Contract Code Sections 10410 and 10411 relating to employment of current and former state employees.

B. Statement of Economic Interest

The Contractor personnel assigned to the tasks are considered consultants under California law. The Fair Political Practices Commission (FPPC) requires consultants that make or participate in governmental decisions to comply with state financial disclosure rules and take ethics training. A consultant must file a Statement of Economic Interests

(Form 700) within thirty (30) days of assuming office. This form is for HCD’s internal use and is maintained by the HCD in the same manner as the agency’s conflict of interest code. For more information, refer to the FPPC website www.fppc.ca.gov and Regulation

18700.3 and 18734.

C. Corporate Qualifications to Do Business in California

The Proposer awarded the contract must be in good standing and must be qualified to do business in California at the time the contract is executed and during the entire term of the contract.

D. Follow-On Contracts

No person, Proposer, or subsidiary thereof or their officers or directors, who were previously awarded a HCD consulting services contract, or a contract which primarily includes a consulting services component, may submit a proposal or be awarded a contract for the provision of services, delivery of goods or supplies, or any other related action that is required, suggested, or otherwise deemed to be an outgrowth of advice or recommendations submitted pursuant to the consulting service contract (Cal. Public Contract Code § 10365.5).

E. Execution of Contract

The contract will be executed on the State of California Standard Agreement, Form STD. 213. Contractors are expected to comply with all applicable contract provisions (as may be amended from time to time).

https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm http://www.fppc.ca.gov/

ERAP Subrecipient Compliance Assessments

14. REQUIRED ATTACHMENTS

Attachment 1: Required Attachment Checklist

Complete this checklist to confirm the items submitted in the proposal. Place a check mark or “X” next to each item that is included with the response to HCD. For a proposal to be responsive, all required attachments must be returned. This checklist must also be returned with your proposal package.

Attachment Name/Description

Attachment 1 Required Attachment Checklist

Attachment 2 Proposal/Proposer Certification Sheet (with original signature)

Attachment 3 Mandatory Qualifications Response (with original signature)

Attachment 4 Proposer’s References

Attachment 5 Cost Proposal

Attachment 6 Byrd Anti-Lobbying Certification

Attachment 7 Target Area Contract Preference Act (TACPA) (STD 830) (if applicable)

Attachment 8 Bidder Declaration (GSPD-05-105)

Attach…