23NS1202_RFP_Primary_Solicitation.pdf

STATE OF CALIFORNIA GAVIN NEWSOM, Governor

PUBLIC UTILTIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102

California Public Utilities Commission (CPUC) Request for Proposal (RFP) – Primary Number 23NS1202

For:

On Demand American Sign Language (ASL) Interpreting Services

June 10, 2025

The California Public Utilities Commission (CPUC) invites you to review and respond to this Solicitation. In submitting your response, you must comply with the instructions found herein.

This solicitation is limited to certified California Small Businesses only.

Before submitting a response to this solicitation, interested parties should read and review the entire solicitation including any attachments, all referenced web addresses, and any regulations, orders, and statutes cited.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 2/2025) and Contractor Certification Clauses (CCC 4/2017) that may be viewed and downloaded at the following internet site:

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

If you do not have Internet access, a hard copy can be provided by contacting the point of contact listed below. By submitting a proposal your firm agrees to the terms and conditions stated in this RFO and the proposed contract.

Any questions regarding the solicitation or terms and conditions of the proposed contract must be submitted by the deadline listed in the key action dates. Terms and conditions will not be negotiated after contract award.

Responses are due July 23, 2025 by 11:00AM Pacific Time.

CPUC Point of Contact:

Michelle Thibeaux-Smith

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

California Public Utilities Commission RFO Number 23NS1202

TABLE OF CONTENTS

1. SCOPE OF WORK AND CONTRACT TERMS

EXHIBIT A – SCOPE OF WORK

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

EXHIBIT C – GENERAL TERMS AND CONDITIONS (GTC 04/2017)

EXHIBIT D – SPECIAL TERMS AND CONDITIONS

2. MINIMUM QUALIFICATIONS

3. ADMINISTRATIVE INFORMATION

4. SUBMISSION REQUIREMENTS

5. PREFERENCE AND INCENTIVE PROGRAMS

5. EVALUATION CRITERIA AND PROCESS

6. AWARD AND CONTRACT EXECUTION

7. REQUIRED ATTACHMENTS

ATTACHMENT 1 – SOLICITATION CHECKLIST

ATTACHMENT 2 – CONFLICT OF INTEREST STATEMENT

ATTACHMENT 3 – REFERENCES SHEET

ATTACHMENT 4 – PAYEE DATA RECORD

ATTACHMENT 5 – PAYEE DATA RECORD SUPPLEMENT

ATTACHMENT 6 – CONTRACTOR CERTIFICATION CLAUSES

ATTACHMENT 7 – DARFUR CONTRACTING ACT FORM

ATTACHMENT 8 – BIDDER DECLARATION FORM

ATTACHMENT 9 – DVBE DECLARATION FORM

ATTACHMENT 10 – COMMERCIALLY USEFUL FUNCTION CERTIFICATION

ATTACHMENT 11 – CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION

ATTACHMENT 12 – GENERATIVE ARTIFICIAL INTELLIGENCE REPORTING ... 43

ATTACHMENT 13 – COST SHEET

ATTACHMENT 14 – SAMPLE STANDARD AGREEMENT

ATTACHMENT A-1 CODE OF ETHICS, PROFESSIONAL CONDUCT AND

CONFIDENTIALITY STATEMENT

1. SCOPE OF WORK AND CONTRACT TERMS

EXHIBIT A – SCOPE OF WORK

1. INTRODUCTION AND BACKGROUND

The California Public Utilities Commission (CPUC or Commission) regulates essential services and utilities, protects consumers, safeguards the environment, and assures Californians' access to safe and reliable utility infrastructure and services. The services regulated include electric, natural gas, telecommunications, water, railroad, rail transit, and passenger transportation companies.

Our five Governor-appointed Commissioners, as well as our staff, are dedicated to ensuring that consumers have safe, reliable utility service at reasonable rates, protecting against fraud, and promoting the health of California’s economy.

The California Public Utilities Commission (CPUC) is seeking a Contractor to provide certified American Sign Language (ASL) interpreters “on demand” to perform remote ASL interpreting services when unforeseen circumstances prevent an employee from scheduling, in advance, ASL interpreting services through the current process. Under these circumstances, the CPUC employee will request interpreter services “on demand”.

The Americans with Disabilities Act and the California Fair Employment and Housing Act require the CPUC to provide equal opportunities for all applicants and employees with disabilities and reasonable accommodation for the known physical and mental limitations of an otherwise qualified applicant or employee unless it would cause an undue hardship.

2. STATEMENT OF WORK

The Contractor agrees to provide to the California Public Utilities Commission (CPUC) “on demand” American Sign Language (ASL) interpreting services as described herein:

a. For the purpose of this contract, “on demand” shall mean that an interpreter will answer the call within one-minute of request with the Average Speed of Answer (ASA) is a minimum of 60 seconds or less.

b. There shall be no need to schedule services in advance.

c. Contractor shall provide per minute rates with no minimum requirement per use.

d. The “on demand” ASL interpreting services shall be performed via Video Remote

Interpreting (VRI) for virtual meetings supporting and utilizing videoconferencing platforms including WebEx, Microsoft Teams, and Zoom.

e. Contractor shall provide written instructions for CPUC employees to access the on-demand ASL interpreting services.

3. DELIVERABLES

Contractor shall provide call platform and provide remote “on demand” services.

4. LOCATION OF SERVICES

All services shall be performed remotely at locations of the Contractor’s choosing.

5. HOURS OF SERVICE

The services shall be provided during standard work hours between 8:00 AM PST and 5:00 PM PST, Monday through Friday, excluding State holidays, or during mutually agreed upon working hours.

6. TERM LENGTH

The term of this agreement shall be for a period of three (3) years with an estimated start date of August 30, 2025.

The CPUC shall have one option to extend the term of the agreement for an additional 1 year for the Contractor to perform the same services at the same rate. If CPUC exercises this option additional funds will be added to the contract

7. CONTRACTOR RESPONSIBILITIES

1) All Contractor’s ASL interpreters working under this contract must maintain an active certification of one (or more) of the following:

a. Registry of Interpreters for the Deaf (RID) – Comprehensive Skills Certificate

(CSC)

b. RID – Certificate of Interpretation (CI) and Certificate of Transliteration (CT);

Both are required.

c. RID – Certified Deaf Interpreter (CDI)

d. National Interpreting Certification (NIC)

e. NIC Advanced

f. NIC Master

g. National Association of the Deaf (NAD) III

h. NAD IV

i. NAD V

2) All Contractor’s ASL interpreters working under this contract must:

a. Possess and maintain the professional skills and knowledge required for each specific interpreting situation.

b. Conduct themselves in a professional manner that is appropriate to the specific interpreting situation in which the interpreter is working.

c. Demonstrate respect for all CPUC employees and other individuals requiring ASL interpretation services.

d. Maintain ethical business practices and conform to the RID Code of Professional Conduct and Ethics.

3) Contractor shall be responsible for instituting disciplinary action for its employees that do not maintain the above mentioned standards.

4) The Contractor shall be responsible for providing the computer, web camera, microphone and any software their staff needs to perform these services.

8. CPUC RESPONSIBILITIES

Inform Contractor of any negative feedback or observations (by public, CPUC staff, or other stakeholder) of services provided.

9. CONTACT INFORMATION

The project representatives during the term of this agreement will be:

California Public Utilities Commission Contractor:

Name: Name:

Phone: Phone:

Email: Email:

Both parties shall reserve the right to change representatives outside of an official contract amendment, by sending a written notice to the other party.

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment

a. Payments

As compensation for the services specified in Exhibit A and upon receipt and approval of Contractor invoices by the CPUC, the Contractor shall be entitled to a sum not to exceed the total dollar amount noted on the STD 213 and/or its Amendment. Payments shall be based on the rates and or schedule as set forth and specified in Exhibit B-1, Cost Sheet which is attached hereto and made a part of this Agreement.

If Contractor discovers it has received an overpayment, Contractor must notify the State and refund the overpayment immediately.

b. Budget Transfer Request

A Budget Transfer Request (BTR) is an informal written statement requesting the movement of existing contract funds from one deliverable to another. The BTR must specify which deliverable’s funding are being adjusted, by how much and include justification for these adjustments. A BTR may be requested by either the Contractor or the CPUC. The BTR must be agreed to in writing by both parties.

The BTR cannot be used to increase the total dollar amount of the Agreement or add new deliverables to the Scope of Work.

c. Invoice Details

Each invoice shall include the following details:

I. Contract Number II. Contractor Name

III. Contractor Billing Address IV. Total Invoice Amount V. Number of hours worked

VI. Invoice Number VII. Invoice Date

VIII. Service Date(s) IX. Contact Information X. SB/DVBE Certification Number

Any invoiced items which are not included in the accepted Cost Sheet, will automatically be rejected, and denied for payment.

Should an invoice be disputed, Contractor will correct any/all disputed items on the invoice and resubmit the invoice as indicated above. Failure to provide and resubmit corrected invoice will result in a delay of payment.

d. Invoice Submission

Contractor shall submit the invoice in duplicate (including original invoice) not more frequently than monthly in arrears to:

APInvoice@cpuc.ca.gov

OR

California Public Utilities Commission

Fiscal Office, Room 3000 505 Van Ness Avenue

San Francisco, CA 94102 ATTN: Account Payable Technician

e. Retention of Records and Audit Requirement

The Contractor’s invoices will be subject to a financial audit by CPUC at any time within three (3) years of completion of the work.

2. Budget Contingency Clause

A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the CPUC shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

a. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the CPUC shall have the option to either cancel this Agreement with no liability occurring to the CPUC or offer an agreement amendment to Contractor to reflect the reduced amount.

3. Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

mailto:APInvoice@cpuc.ca.gov

EXHIBIT C – GENERAL TERMS AND CONDITIONS (GTC 02/2025)

The General Terms and Conditions, GTC 02/2025 will be included and adhere to in the Agreement by reference to the following link:

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

If Contractor does not have Internet access, a hard copy will be provided by contacting the State’s Contract Manager listed in the scope of work.

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

EXHIBIT D – SPECIAL TERMS AND CONDITIONS

1. Excise Tax

The State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another state.

2. Dispute Resolution

A dispute for purposes of this section is a disagreement between Contractor and CPUC in the performance of the Agreement, which is unable to be resolved between Contractor and Program Staff (“Dispute”). In the event of a Dispute, Contractor shall file a "Notice of Dispute" with the California Public Utilities Commission, Executive Director, or designee within ten (10) days of discovery of the problem. Within ten (10) days, the Executive Director or designee shall meet with the Contractor and Contract Manager for purposes of resolving the dispute. The decision of the Executive Director or designee shall be final.

In the event of a dispute, the language contained within this Agreement shall control over any other.

State reserves the right to issue an order to stop work in the event that a dispute should arise, The stop work order will be in effect until the dispute has been resolved.

3. Subcontracts

A. Contractor shall submit any proposed subcontracts to the Contract Manager for its prior written approval before entering into the same. No work shall be subcontracted without the prior approval of the Contract Manager. Upon termination of any subcontract, the state shall be notified immediately.

B. If the terminated subcontractor is a DVBE, the contractor must replace the subcontractor within the same participation category with a similar DVBE contractor, and such replacement must be approved by the Commission. Failure to adhere to DVBE Participation will be reported to DGS DVBE program for possible enforcement action, including without limitation be cause for contract termination and recovery of damages under the rights and remedies due the state under the default section of the contract. Contractor shall permit the state to audit the Contractor to verify compliance with DVBE regulations.

C. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the state 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 state's obligation to make payments to the Contractor.

As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor. It is the intention of the parties than no subcontractors shall be deemed an employee of the State. Contractor agrees to take any and all actions necessary to comply with this intention.

4. Commission Staff

Commission staff will be permitted to work side by side with Contractor’s staff to the extent and under conditions directed by the Commission’s Contract Manager. In this connection, Commission staff will be given access to all data, working papers, etc., which Contractor may seek to utilize.

Contractor will not be permitted to use State personnel for the performance of services which are the responsibility of Contractor.

5. Commencement of Work

Performance will start not later than five (5) business days, or on the express date set by the State and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the State upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor will be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by another contractor.

6. Ownership of Data

Data developed for this contract shall become the property of the State. Contractor shall not disclose data without the permission of the Commission’s Contract Manager. Each report shall also become the property of the State and shall not be disclosed except in such manner and such time as the Commission’s Contract Manager may direct, with the exception of data which have become part of the public records of the State, as discussed in Paragraph 7.

7. Confidentiality of Data/Nondisclosure Agreement

The Consultant (“Signatory”), for itself and its employees, principals, agents, and subcontractors, acknowledges by signing this Agreement it agrees to perform the task(s) under this Agreement.

The Signatory recognizes that it may be required to have access to data, information and documents within the knowledge and possession of various entities under the regulatory jurisdiction of the Commission. The Signatory also recognizes that some of this data, information and documents may be proprietary, confidential, or privileged in nature.

The Signatory further recognizes that the Commission Staff has broad statutory authority to compel the production of such information subject to the provisions of Public Utilities Code 583 and General Order 66-D. The Signatory understands that these legal provisions generally preclude public disclosure of information obtained in confidence except during the course of a public hearing or with permission of the Commission.

The Signatory acknowledges that it has received a copy and read Public Utilities Code Section 583 and General Order 66-D and agrees to be subject to and to fully comply with these legal provisions in discharging its responsibilities. Such compliance includes abiding by the terms of prohibiting public disclosure of confidential information and submitting to the jurisdiction of the Commission for the purposes of enforcing Public Utilities Code Section 583.

The Signatory further recognizes that the data, information and documents obtained during the course of its work for the Commission may be subject to other requirements for nondisclosure which include, but are not limited to, attorney work product privilege, the official information privilege, the attorney-client privilege, and other prohibitions precluding disclosure of confidential information and Signatory may not disclose such data, information and documents without the prior written consent of the Commission or its Staff who.

The Signatory agrees not to disclose any information regarding its work to third parties except with the Commission Staff’s express prior written consent, and to return all data, information and documents obtained during the course of the Agreement immediately upon request or termination. The Signatory agrees to immediately notify the Commission Staff of any inquiries from third parties which request disclosure of any data, information, or documents.

The Signatory will not comment publicly to the press or any other media regarding its work, or the Commission’s action on the same, except to the Commission Staff, Signatory’s own personnel and/or subcontractors involved in the completion of tasks under this agreement, or at a public hearing, or in response to questions from a legislative committee.

In addition, the Signatory agrees that prior to commencement of any work associated with this Agreement, the signatory shall: (1) provide a copy of this section of the Agreement, Public Utilities Code Section 583 and General Order 66-D to all who will be performing tasks under this Agreement; and (2) inform all those working under this Agreement that they are such to these legal provisions and must comply with Confidentiality of Data Agreement/Nondisclosure Section.

The requirements of this Section are in addition to, not in substitution, of any separate Non- Disclosure Agreement or similar agreement which may be required by Commission Staff prior to accessing CPUC data, information, or documents

Ninety days after any document submitted has become a part of the public records of the State, Signatory may at its own expense, publish or utilize the same but shall include the following legend:

LEGAL NOTICE

This report was prepared as an account of work sponsored by the California Public Utilities Commission. It does not necessarily represent the views of the Commission or any of its employees except to the extent, if any, that it has formally been approved by the Commission at a public meeting. For information regarding any such action, communicate directly with the Commission at 505 Van Ness Avenue, San Francisco, California 94102. Neither the Commission nor the State of California, nor any officer, employee, or any of its contractors or subcontractors makes any warranty, express or implied, or assumes any legal liability whatsoever for the contents of this document.

8. Termination for Convenience

State may at its option terminate this contract, with or without cause, at any time upon giving thirty (30) days’ notice in writing to Contractor. In such event, Contractor agrees to adhere to the instructions provided in such termination notice, including immediately stopping work, and to use all reasonable efforts to mitigate its expenses and obligations hereunder. In such event, State shall pay Contractor for all services satisfactorily rendered prior to such notice of termination and for all reasonable expenses incurred by Contractor prior to said termination which are not included in charges for service rendered prior to termination and which could not by reasonable efforts of Contractor have been avoided.

9. Termination in Event of Breach

In the event of any breach of this contract after notice and failure to cure a default, the State may without any prejudices to any of its other legal remedies terminate this contract upon five days’ written notice to the Contractor.

10. Waiver

No waiver of any breach of this contract shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this contract shall be taken and construed as cumulative: that is, in addition to every other remedy provided herein or by law. The failure of State to enforce at any time any of the provisions of this agreement, or to require at any time performance by Contractor of any of the provisions thereof, shall in no way be construed to be a waiver of such provision nor in any way to affect the validity of this agreement or any part thereof or the right of State to thereafter enforce each and every such provision.

11. Gratuities

A. The State may, by written notice to the Contractor, terminate the right of Contractor to proceed under this contract if it is found, after notice and hearing by the State or by Executive Director of the Public Utilities Commission or duly authorized representative, that gratuities were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the State with a view toward securing a contract, securing favorable treatment with respect to award amendment, or the evaluation of performance of such contract, provided that the facts upon which either the Commission or the Executive Director makes such findings may be reviewed in any competent court.

B. In the event this contract is terminated, State shall be entitled (i) to pursue the same remedies against Contractor as it could pursue in the event of the breach of the contract by the Contractor, and (ii) to a penalty in addition to any other damages to which it may be entitled by law, and to exemplary damages in an amount which shall be not less than three nor more than ten times the cost incurred by the Contractor in providing any such gratuities to any such officer or employee.

The rights and remedies of State provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

12. Conflict of Interest

Contractor agrees to refrain from entering into any relationship which could result in a conflict of interest in the performance of this Agreement; and to notify the Commission’s Contract Manager promptly of any potential conflict of interest, including subcontractors. The Commission may exercise its option to terminate this Agreement if a conflict is found.

13. Complete Agreement

Other than as specified herein, no document or communication passing between the parties hereto shall be deemed a part of this Agreement.

14. Captions

The clause headings appearing in this agreement have been inserted for the purpose of convenience and ready reference. They do not purport to and shall not be deemed to define, limit, or extend the scope or intent to the clauses to which they appertain.

15. Force Majeure

Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitutes default, if such delay or failure is caused by “Force Majeure.” As used in this section, “Force Majeure” is defined as follows: Acts of war and acts of god such as earthquakes, floods, and other natural disasters such that performance is impossible.

16. Tax Delinquencies

Public Contract Code Section 10295.4 provides that a State agency shall not enter into any contract for goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code.

Franchise Tax Board (FTB) and California Department of Tax and Fee Administration (CDTFA) will post and periodically update lists of the 500 largest tax delinquencies on their websites as required by law. If the Commission determines that the Contractor or any of its subcontractors are on either the FTB or CDTFA list at any time before or during the contract term, this will be grounds for termination of the contract.

17. Registration with Secretary of State

All business entities doing business within the State must be admitted and registered with the State of California Secretary of State and maintain applicable State of California licenses as required by law. All businesses who do not possess active State of California licenses required to perform the contract services in the scope of work, or who are not admitted or registered with the Secretary of State as required by law during the Agreement term may have their Agreement terminated at the discretion of the Commission.

18. Amendments

A. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties.

B. CPUC reserves the right to amend this Agreement through a formal written amendment, signed by the parties, for additional time and/or funding.

19. Insurance Requirements

A. Workers Compensation and Employers Liability

By signing this Agreement, the Contractor shall maintain statutory worker’s compensation and employer’s liability coverage for all its employees who will be engaged in the performance of the Contract. Employer’s liability limits of $1,000,000 are required. The insurer waives any right of recovery the insurer may have against the State because of payments the insurer makes for injury or damage arising out of the work done under contract/permit with the State. A Waiver of Subrogation or Right to Recover endorsement in favor of the State must be attached to the certificate.

B. General Provisions Applying to All Policies

1. Coverage Term – Coverage needs to be in force for the complete term of the contract. If insurance is set to expire during the term of the contract, a new certificate must be received by the day the new policy goes into effect. Any new insurance must still comply with the original terms of the contract.

2. Policy Cancellation or Termination & Notice of Non-Renewal – Contractor and/or Permittee is responsible to notify the State within five business days before the effective date of any cancellation, non-renewal, or material change that affects required insurance coverage. In the event Contractor and/or Permittee fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Contract upon the occurrence of such event, subject to the provisions of this Contract.

3. Deductible – Contractor and/or Permittee is responsible for any deductible or self-insured retention contained within their insurance program.

4. Primary Clause – Commercial General Liability insurance contained in this contract shall be primary, and not excess or contributory, to any other insurance carried by the State.

5. Insurance Carrier Required Rating – All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. If the Contractor and/or Permittee is self-insured for a portion or all of its insurance, review of financial information may be required.

6. Endorsements – Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

7. Inadequate Insurance – Inadequate or lack of insurance does not negate the contractor and/or Permittee’s obligations under the contract.

8. Available Coverages/Limits - All coverage and limits available to the contractor shall also be available and applicable to the State subject to the types of insurance and coverage limits listed above.

9. Subcontractors - In the case of Contractor and/or Permittee’s utilization of subcontractors to complete the contracted scope of work, contractor and/or Permittee shall include all subcontractors as insured under Contractor and/or Permittee’s insurance or supply evidence of insurance to The State equal to policies, coverages and limits required of Contractor and/or Permittee.

C. The certificate of insurance must include the following provisions:

• The California Public Utilities Commission must be listed as the “Certificate Holder” and list the following:

State of California California Public Utilities Commission Administrative Services Division, Management Services Branch 505 Van Ness Avenue San Francisco, CA 94102

• The State of California, its officers, employees, and servants are hereby listed as additional insured under Commercial General Liability but only with respect to work performed for the State of California, under the contract (SCM 7.40).

20. SB/DVBE Participation Programs

A. Contractor understands and agrees that should award of this contract be based in part on their commitment to use a Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid or offer, per Military and Veterans Code section 999.5, subdivision (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved in writing by the Department of General Services (DGS) Office of Small Business and DVBE Services (OSDS). Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.

B. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in Military and Veterans Code section 999.9, or Public Contract Code sections 10115.10 or 4110 (applies to public works only).

C. If for this agreement Contractor made a commitment to achieve DVBE participation, upon completion of the awarded contract, the Contractor must certify to the awarding department all of the following:

1) The total amount the contractor received under the contract.

2) The name and address of the DVBE that participated in the performance of the contract and the contract number

3) The amount and percentage of work the Contractor committed to provide to one or more DVBE under the requirements of the contract and the amount each DVBE received from the Contractor.

4) That all payments under the contract have been made to the DVBE(s). Upon request by the awarding department, the Contractor shall provide proof of payment for the work.

D. STD 817 shall be used for Contractor’s certification and provided to the State’s Contract Administrator within 60 days of the end of the contract term. STD 817 is located at the following internet site:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf

E. A person or entity that knowingly provides false information will be subject to a civil penalty for each violation. (Mil. & Vet. Code, § 999.5, subd. (d).)

21. DVBE Audit

Contractor agrees that the State or its delegate will have the right to review, obtain, and copy all records pertaining to Contractor’s compliance with the Disabled Veteran Business Enterprise (DVBE) requirements as contained in Public Contract Code sections 10115 et. seq. Contractor agrees to provide State or its delegate with any relevant information requested and shall permit State or its delegate access to its premises, upon reasonable notice, during normal business hours for the purposes of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the DVBE requirements. Contractor further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.

22. Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive- Order.pdf regarding Economic Sanctions against Russia and Russian entities and individuals.

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response.

Termination shall be at the sole discretion of the State.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf

23. Conditions of Service

A. Contractor will abide by all State and Federal laws in performance of this contract.

B. Contractor and all subcontractors shall abide by all health and safety mandates issued by federal, state, and local governments and/or public health officers as well as those issued by DGS, and worksite specific mandates. If multiple mandates exist, the Contractor and subcontractors shall abide by the most restrictive mandate. The term “employee”, “worker”, “state worker” or “state employee” in health and safety mandates includes contractor and subcontractor personnel.

C. It is unlawful for a State Contractor to assist, promote, or deter union organizing by employees who are performing work on a service contract for the State or a State agency.

This action is subject to fines in accordance with Government Code section 16645 et seq.

2. MINIMUM QUALIFICATIONS

2A. Any potential Contractor must meet each of the minimum qualifications listed below.

2B. Proposers must provide a statement and documentation with their solicitation response demonstrating that their team meets all of the minimum qualifications.

2C. Any failure to meet a minimum qualification will result in disqualification from the solicitation process.

2D. Minimum Qualifications

1) The Contractor must have at least three years of experience of providing on demand ASL interpreting services.

2) All Contractor’s ASL interpreters must have a minimum of one (or more) of the following valid and current certifications:

a. Registry of Interpreters for the Deaf (RID) – Comprehensive Skills Certificate

(CSC)

b. RID – Certificate of Interpretation (CI) and Certificate of Transliteration (CT);

Both are required.

c. RID – Certified Deaf Interpreter (CDI)

d. National Interpreting Certification (NIC)

e. NIC Advanced

f. NIC Master

g. National Association of the Deaf (NAD) III

h. NAD IV

i. NAD V

2E. The California Disabled Veteran Business Enterprise (DVBE) Program requires that state agencies take all practical actions necessary to meet or exceed a DVBE participation goal of three (3%) percent of the agency’s overall contract dollars.

2F. There is a mandatory 3 % DVBE participation requirement for this solicitation.

Responses submitted that do not include 3 % DVBE participation will be disqualified.

3. ADMINISTRATIVE INFORMATION

3A. Any agreements resulting from this solicitation will include all of the terms and conditions included in the Exhibits of Section 1, Scope of Work and Contract Terms. These terms and conditions are not negotiable. The CPUC does not accept alternate contract language from a prospective Contractor. A response with such language will be considered a counter proposal and will be rejected.

3B. Responses that do not comply with the requirements and instructions of this solicitation may cause the bid to be deemed non-responsive and ineligible for award.

3C. A response may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind.

3D. Key Action Dates

*Key Action Dates Date/Time

RFP Solicitation Post Date - on www.caleprocure.ca.gov June 10, 2025

Proposer’s Written Questions Submission Deadline June 26, 2025 11AM

Written Answers Tentative Posting Date July 2, 2025

Proposal Response Due Date July 23, 2025 11AM

“Intent to Award” Tentative Posting Date - Posted on www.caleprocure.ca.gov August 7, 2025

Tentative Contract Executed Date August 14, 2025

3E. All key actions and dates after the solicitation response due date are estimated and subject to change.

3F. The CPUC may modify or cancel this solicitation prior to the date fixed for submission of bids by the issuance of an Addendum which will be posted to the solicitation on Caleprocure.ca.gov.

3G. Any questions regarding this solicitation or the terms and conditions of the proposed contract must be submitted in writing by, via email to the Point of Contact listed on the cover of this solicitation. All questions must be received prior to the deadline for questions as listed in the Key Action Dates. Emails should include the individual's name, firm name, and must reference the solicitation number the subject line. All answers will be posted on the Cal eProcure website.

Terms and conditions will not be negotiated after contract award.

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

3H. Solicitation responses must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a proposal to be rejected.

3I. Any contact with the CPUC regarding this solicitation must be directed to the designated CPUC point of contact listed on the cover sheet of this solicitation. Prospective Contractors shall not contact any other CPUC employees regarding the proposed work. Any such discussion or inquiry regarding this Solicitation may result in the disqualification of Proposer.

3J. All documents submitted in response to this Solicitation 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 CPUC cannot prevent the disclosure of public documents and Proposers marking a document “CONFIDENTIAL” or “PROPRIETARY” will not keep the document from being released unless an order by a Court specifically prevents its release by the State. However, the contents of all proposals, correspondence, agenda, memoranda, and working papers, or any other medium which discloses any aspect of the Proposer’s proposal, shall be held in the strictest confidence until the notice of “Intent to Award” is released to the public.

3K. The CPUC may waive any immaterial deviation in a solicitation response. The CPUC's waiver of immaterial deviation shall in no way modify this solicitation document or excuse the Proposer from full compliance with all requirements if awarded the Agreement.

3L. Costs incurred for developing proposals and in anticipation of the award of the Agreement are entirely the responsibility of the Proposer and shall not be charged to the CPUC.

3M. The CPUC reserves the right to reject all proposals for reasonable cause including cost. The CPUC is not required to award an Agreement.

3N. Generative AI Disclosure Notification Clause The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

The Bidder/Offeror must notify the State in writing if their solution or service includes, or makes available, any GenAI, including GenAI from third parties or subcontractors. The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder/Offeror.

Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder/Offeror.

Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder/Offeror’s GenAI Reporting and Factsheet (STD 1000), the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.

3O. In order to be eligible to contract with the State of California, Proposers must not be listed on any tax delinquency or Russian sanctions violations list and must be in good standing with the Secretary of State.

4. SUBMISSION REQUIREMENTS

4A. Solicitation responses must be submitted via email to Solicitations@cpuc.ca.gov. The subject line of the submittal email must read: Response to CPUC Solicitation Number

23NS1202.

4B. Attachment(s) must not exceed 150 megabytes (mb) in total. Emails exceeding this amount will not be received by the CPUC. Attachments must be named in the following format:

• The subject line of the Submittal Email must read:

Response to CPUC Solicitation Number: 23NS1202

• The body of the email must read:

DO NOT OPEN

Solicitation Number 23NS1202 California Public Utilities Commission Contracting Unit ATTENTION: Michelle Thibeaux-Smith

• Offer attachments must be named the following:

• Solicitation Number 23NS1202 Offer Package_ [ Company Name]

4C. Failure to deliver a response by the date and time listed in the Key Action Dates will be cause for rejection of the response. It is the responsibility of the Proposer to ensure documents are submitted on time. The CPUC is not responsible for errors or delays.

4D. Submission Package.

Proposers must address all items in this section in their solicitation responses.

1) Cover Letter The cover letter must include the following information:

a. Introduction of the Prime Contractor;

b. Business information of the Prime Contractor, including legal name, address, e-mail address, and phone number;

c. Name of all subcontractor firms;

d. Concise statement explaining why they are the best fit to complete the work under this solicitation;

e. Signature, title, and contact information from a representative of the Prime

Contractor who is authorized to bind the contractor contractually;

2) Conflict of Interest Disclosures

All Proposers must provide the disclosures set forth below and complete and sign the Conflict-of-Interest Statement [Attachment 2].

a. For purposes of this solicitation or any resulting Agreement, “Conflict of

Interest” means:

mailto:Solicitations@cpuc.ca.gov

i. a conflict of interest as defined in this solicitation or any resulting Agreement;

ii. Any activity or interest prohibited by any applicable Federal or State law, including the Political Reform Act, relating to conflicts of interest and any regulation under them; and

iii. Any financial interest or relationship that may impair the ability of the individual or firm to deliver fair unbiased work for the CPUC. A relationship may include any business position such as a director, partner, officer, trustee, employee, or any position of management with any of the Covered Entities or any parent, subsidiary, or affiliate thereof.

b. Failure to disclose the above-mentioned could be grounds for disqualification.

c. If no Team Members have any conflict of interests to disclose a single statement from the Prime Contractor stating there are no conflicts of interest is acceptable.

d. The Prime Contractor shall provide a statement, signed by the principal of each participating subcontractor, that the information provided in response to this section is correct to the best of his or her knowledge.

e. The requirement of disclosure of conflicts of interest is a continuing obligation after award. The successful awardee will be required to avoid conflicts during the term of this Agreement and disclose in writing to CPUC’s Contract Manager any potential or actual conflicts as soon as such conflicts are discovered. The CPUC may, at its option, direct termination of any individual Team Member or the entire Agreement, if such a Conflict of Interest is found.

f. A Team Member will be disqualified from the solicitation process for any of the following reasons:

i. A Team Member has a conflict of interest or the appearance of which would place the CPUC in an unfavorable light.

ii. A Team Member has participated on behalf of the CPUC, directly or indirectly, in any of the negotiations, transactions, planning, arrangement or any part of the decision-making process leading up to this solicitation.

3) Resumes Proposer must provide current detailed resumes of all proposed key team members, including from subcontractor firms.

4) Minimum Qualifications Documentation Proposer must state how their team meets all of the minimum qualifications listed in Section 2, Minimum Qualifications and provide any relevant supporting documentation.

5) References Proposer must use [Attachment 3] – Reference Sheet to provide three (3) professional references for their proposed team listing work they have successfully completed of a similar size and scope to the scope of work for this solicitation.

6) Approach Narrative The Proposer must demonstrate their understanding of and the ability to meet the CPUC’s needs as specified in this solicitation by describing in detail it’s approach / methodologies to performing the services as described in Exhibit A – Scope of Work. This approach should highlight the Proposers proposed team’s skills and qualifications.

7) Other Required Attachments

Proposer must submit all of the other required attachments listed below.

Attachment 4 - Payee Data Record (std. 204)

Attachment 5 - Payee Data Record Supplement (std. 205) Attachment 6 - Contractor Certification Clauses (CCC 04/2017) Attachment 7 - Darfur Contracting Act Form Attachment 8 - Bidder Declaration form (GSPD-05-105) Attachment 9 - DVBE Declaration form (DGS PD 843) Attachment 10 - Commercially Useful Function Certification Attachment 11 - California Civil Rights Law Certification Attachment 12 - STD 1000 Generative AI Reporting and Factsheet Form

8) Cost Sheet

Proposer must provide their total cost for performing the required services by using the provided [Attachment 13] – Cost Sheet.

4E. Only one quote from an individual, firm, partnership, corporation, or combination thereof, will be considered.

4F. A Bidder may withdraw its response by submitting a withdrawal request email to the CPUC at Solicitations@cpuc.ca.gov, signed by an authorized agent of the Bidder. A Bidder may thereafter submit a new response prior to the submission deadline as set forth in the Key Action Dates. Modifications offered in any other manner, oral or written, will not be considered.

4G. Electronic signatures including scans of wet signatures are permissible for all proposal documents.

4H. Upon quote submittal, 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.

5. PREFERENCE AND INCENTIVE PROGRAMS

5A. Bidder/Proposer may qualify for a Small Business (SB) preference and/or Disabled Veteran Business Enterprise (DVBE) incentive as described in the following sections.

5B. The maximum preference/incentive allowed individually may not exceed $50,000 for any response, and in combination with any other preferences/incentive, the maximum limit of the combined preferences/incentive is $100,000.

5C. Small Business Preference

1) Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to Proposers who qualify as a Small/Micro business enterprise. The rules and regulations of this law are contained in Title 2, California Code of Regulations Section 1896, et seq.

2) Non-small business Contractors will be granted a five…