24-0015_RFP.pdf

May 6, 2024

REQUEST FOR PROPOSAL (RFP)

Primary Method

RFP No.: 24-0015 Title: CDFA Dairy Methane Reduction Programs Technical Review Type of Contract: Consulting

NOTICE TO PROSPECTIVE PROPOSERS:

You are invited to review and respond to this Request for Proposal (RFP). In submission of your proposal, you must comply with the instructions and requirements found herein.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions.

Questions about this solicitation must be submitted to the Grants and Contracts Unit email address below with the RFP number in the Subject line. Responses to all questions received will be posted as an official addendum to this solicitation. Reference Page 1 for all Key Action Dates.

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

Grants and Contracts Unit Office of Grants Administration Administrative Services Division CDFA.contracts@cdfa.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms mailto:CDFA.contracts@cdfa.ca.gov

Table of Contents Key Action Dates

Questions and Answers

Term of Contract

Option to Renew

Purpose and Description of Services

Problem Statement

Background

Goals and Objectives

Responsibilities of Contractor

Deliverables

Budget

Printing

Proposal Requirements

Proposal Submittal Requirements

Submission of Proposal

Evaluation and Selection

Award and Protest

Disposition of Bids

Agreement Execution and Performance

Preference and Incentive Programs

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) - PROGRAM

REQUIREMENTS - FOR NON-IT SERVICES

EVALUATION SCORING AND CRITERIA

REQUIRED DOCUMENTS

SAMPLE CONTRACT - STD 213

EXHIBIT A - SCOPE OF WORK

EXHIBIT B - BUDGET DETAIL AND PAYMENT PROVISIONS

EXHIBIT D - SPECIAL TERMS AND CONDITIONS

EXHIBIT E - ADDITIONAL PROVISION

Key Action Dates

All proposers are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

RFP available to prospective bidders ...................................................... May 6, 2024 Written questions must be received by 4:00 PM PT .............................. May 20, 2024 Questions and Answers will be posted by 5:00 PM PT ......................... May 27, 2024 Emailed proposals must be complete and received no later than 2:00 PM PT ............................................................. June 3, 2024 Estimated date of team evaluations .......................................... June 5-June 12 2024

Partial submission of proposal is unacceptable.

Avoid late submittals due to computer glitches or other technical issues that may arise by submitting documents early.

Questions and Answers

To maintain fairness during the bidding process, all questions must be submitted in writing and sent to the Grants and Contracts Unit email (CDFA.contracts@cdfa.ca.gov) only. The subject line of the email must contain the Bid Number. Bidders must not contact any program staff during the bidding process as this could result in disqualification.

Answers to questions received prior to the submission deadline listed above, will be provided via a formal addendum, and will be posted to the contract advertisement on Cal eProcure.

Term of Contract

The term of this contract is August 1, 2024 or upon final/Department of General Services/Office of Legal Services (DGS/OLS) approval, whichever is later, through July 31, 2027.

Option to Renew There is no option to renew under this contract.

Purpose and Description of Services

Problem Statement

The California Department of Food and Agriculture (CDFA) Office of Environmental Farming and Innovation’s Methane Reduction Programs uses third-party technical review panel to review, score and rank applications submitted to the incentive programs:

Alternative Manure Management Program (AMMP) and the Dairy Digester Research and Development Program (DDRDP).

Background The Budget Act of 2022 (Senate Bill 154, Chapter 43) appropriated $48 million from the California State Budget to CDFA for methane emissions reductions from dairy and livestock operations, which will be split evenly for distribution through the DDRDP and the AMMP. Since neither the CDFA not other state agency possess the level of expertise in dairy manure management practices required to review DDRDP and AMMP applications, CDFA will establish an agreement with a contractor that will further contract with UC, CSU and researchers across the United States with expertise in various dairy practices and digester technologies.

Goals and Objectives

The purpose of this Scope of Work (SOW) is to establish an annual contract between CDFA and the contractor to provide CDFA with an independent technical review of grant application submitted to the AMMP and DDRDP and to outline the needed steps that will to be taken within the terms of the contract.

Responsibilities of Contractor A. Tasks to be fulfilled through professional service hours

1. Duplicate needed forms and link the forms together in preparation for new solicitations or provide CDFA staff with the resources to perform this task.

2. Receive ongoing guidance from CDFA about the needed forms associated with the programs review.

3. Attend conference calls with CDFA staff upon request.

B. In addition to providing qualified personnel at contract award, the Contractor (and sub-contractors if available) has the following responsibilities:

1. Resolve issues timely.

2. Perform quality control reviews on all products before submitting to CDFA.

3. Assemble and work directly with the researchers and technical reviewers which will be selected by CDFA before the technical review process to conduct a fair and successful technical review process. Contractor may subcontract further with academic experts on anaerobic digestion and manure management.

4. Contractor (and sub-contractors if available) will plan and facilitate a review process for the technical reviewers. The plan must be approved by CDFA prior to implementation and may include multiple (up to 3) reviewers per grant application and facilitation of consensus meetings.

5. Contractor (and sub-contractors if available) will ensure that all technical reviews completed by the technical review team selected by the contractor and CDFA (and sub-contractors if available) must be verified and approved by the CDFA team.

6. Contractor (and sub-contractors if available) must ensure GHG calculations provided in incentive program grant applications are accurate and adhere to the latest California Air Resources Board (CARB) Benefits Calculator Tool and Quantification Methodology for the respective programs (i.e., AMMP and DDRDP). If the calculations are inaccurate, then the reviewer(s) and contractor (and sub-contractors if available) must provide CDFA with a re-calculated correct GHG emission reduction values upon consensus among assigned reviewers using the latest California Air Resources Board (CARB) Benefits Calculator Tool and Quantification Methodology for the respective programs (i.e., AMMP and

DDRDP).

7. Contractor (and sub-contractors if available) will coordinate with CDFA to solicit feedback from the CARB in case of technical questions that arise during the review process.

8. Technical reviewers appointed by the contractor and CDFA (and sub-contractors if available) will conduct a review of the proposed digester technologies and manure management practices, work plan, budget and long-term operations and maintenance plan, and assess if the proposed technologies and methods are adequate and feasible with consideration of the overall project plan and can achieve the GHG reductions and environmental benefits as proposed.

9. Technical reviewers appointed by the contractor, together with CDFA (and sub-contractors if available), must score each application according to the scoring criteria provided by CDFA. Each scoring criteria must include detailed comments to support the score and may be utilized by CDFA to provide feedback to the grant applicants.

10. The contractor (and sub-contractors if available) will complete the technical reviews units for approximately:

o 30 – 250 DDRDP units for review per solicitation o 100 – 500 AMMP units for review per solicitation

11. Contractor and CDFA approved (and sub-contractors if available) selected technical reviewers will complete the reviews using the Technical Review Evaluation/Scoring Criteria template provided by CDFA and return the completed form within 15 days (two weeks) of receiving the review assignment for DDRDP and AMMP. A preview of review questions and instructions will be provided by

CDFA.

12. Contractor (and sub-contractors if available) will ensure responses are provided to CDFA within a timely manner regarding questions and clarification of comments for grant applications from the technical reviewers.

13. Contractor (and sub-contractors if available) must agree to maintain confidentiality throughout the technical review process and beyond. Accordingly, technical reviewers must not discuss or disclose any information contained in the incentive program applications. Each technical reviewer must sign a conflict-of-interest and form provided by CDFA for the appropriate incentive program.

14. Contractor and technical reviewers (and sub-contractors if available) must not present a conflict of financial interest. If a conflict of interest is identified, contractor and technical reviewers (and sub-contractors if available) will inform CDFA immediately, and not be involved on the review of the identified applications.

15. Troubleshooting related questions related to Amplifund (or other review system) should be directed to the CDFA (or as directed during the technical reviewer workshop).

16. All other correspondence related to the review process should be directed to CDFA program staff.

17. Designate a person to whom all project communications may be addressed and who has the authority to act on all aspects of the agreement. This person shall be responsible for the overall engagement and shall be the primary person responsible for ensuring quality products are delivered timely by the team member(s) and those sub-contracted performing the services. This person also has responsibilities for addressing invoicing issues.

18. Comply with all applicable CDFA and Department of General Services (DGS) policies, procedures, and industry standards.

19. Respond to CDFA’s input on deliverables.

20. The Contractor shall complete all services within the contract’s timelines.

21. Assume all costs related to travel, lodging, and parking.

Please note: Contractor will work remotely, CDFA does not pay for travel, lodging or parking.

C. Data Ownership

Contractor and technical reviewers (and sub-contractors if available) do not own any data, information or material that the CDFA or the CDFA grant applicants submit to the services in the course. In the event this Agreement is terminated (other than by reason of Company’s breach), contractor will make available to the CDFA any CDFA or CDFA grant applicant data then maintained within 30 days after termination. The CDFA has sole responsibility for the accuracy, quality, legality, appropriateness and intellectual property ownership or right to use of all the CDFA Data.

Deliverables This contract consists of:

a. Time and materials – The time and materials aspect of the contract will extend through the end date of the agreement.

b. Reimbursement for services by contractor (and subcontractor if available) will be made on the basis of the submitted cost proposal.

1. DDRDP Review:

a. Completed reviews must include individual reviewer scores, comments, outcomes of consensus meetings/discussions with detailed comments, and finalized average scores with standard deviation.

b. Reviewed and corrected DDRDP Benefits Calculator Tool for each application reviewed.

c. Reviews should be completed within 15 days (two weeks).

2. AMMP Review:

a. Completed reviews must include individual reviewer scores, comments, outcomes of consensus meetings/discussions with detailed comments, and finalized average scores with standard deviation.

b. Reviewed and corrected AMMP Benefits Calculator Tool for each application reviewed.

c. Reviews should be completed within 15 days (two weeks).

3. Coordination Review:

a. Invitations to technical reviewers describing scope, timeline, parameters of review each round of grant application reviews, per program.

b. Documentation of technical reviewers assembled for each program along with affiliation and contact information.

c. Compiled signed Conflict of Interest forms from all assembled technical reviewers.

d. Assignment of reviewers to teams and appropriate subset of applications assigned to reviewers.

e. Summarized spreadsheets for each review team with compiled data from each reviewer, and for all teams/reviewers.

f. Reviewer briefing meeting (one per each round of grant application reviews and per program) – coordinate/schedule, conduct and provide materials (presentation, resources, recording).

g. Reviewer team meetings (up to one per team of reviewers, per each round of grant application reviews and per program) – coordinate/schedule, conduct and provide materials or follow up data documenting any changes or decisions made by reviewers.

h. Reviewer consensus meeting (one per each round of grant application reviews and per program) – coordinate/schedule, conduct and provide materials or follow up data documenting any changes or decisions made by reviewers.

i. Statistical analysis of compiled reviewer data to facilitate consensus meeting and calibrate across teams and individual reviewers.

j. Final compiled scoring report to CDFA following review process (one per each round of grant application reviews and per program); includes ensuring final copies of any application’s Benefits Calculator Tool if revised and agreed upon during the review process. Cloud based secure file sharing ability is required.

k. Prompt communication with reviewers to answer questions during the review period, including gathering any follow up information needed following team or consensus meetings.

l. Regular communication with CDFA program staff on coordination of reviews, materials, data.

Acceptance of Deliverables and Milestones Upon the submission of each deliverable, the CDFA shall review the deliverable to ensure it conforms to the requirements specified in the approved RFP and submitted proposal. The CDFA shall provide written feedback to Contractor whether deliverable meets the requirements defined in the RFP and submitted proposal. Contractor shall correct any deficits within 5 days of notification. Note that the CDFA will be the sole judge of the acceptability of all work performed and all work products produced by the Contractor as a result of this agreement.

Budget

Contractor shall include the cost of providing rights under Labor Code, Unemployment Insurance Code, and Industrial Welfare Commission Order in their proposed budgets.

The Employment Development Department’s (EDD) “2022 California Employer’s Guide” at https://edd.ca.gov/pdf_pub_ctr/de44.pdf and the Department of Industrial Relation’s website are two references that Contractors can access for assistance with determining the costs and methods of paying for these benefits to include in their proposal.

https://edd.ca.gov/pdf_pub_ctr/de44.pdf https://www.dir.ca.gov/

Travel costs shall be reimbursed at the rates in effect at the time of travel as established by the California Department of Human Resources (CalHR) rates, which can be accessed at:

http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx

Printing

Under Government Code 14850 and Penal Code Section 2807, State agencies are required to obtain printing services through, or obtain waivers from, the Department of General Services, Office of State Publishing and the Prison Industry Authority prior to obtaining services outside of state government. This mandate passes through to contractors who wish to include a printing component in their proposals and/or services.

A copy of these waivers must be provided to the California Department of Food and Agriculture with the invoice(s) to obtain payment for these services.

Proposal Requirements

All proposals shall be submitted in accordance with the outline indicated below. Submitting the proposal in this format assures you that the Evaluation Committee will not overlook important information contained in the proposal.

NOTE: Failure to provide the following information or an explanation as to why the information was not submitted could deem your proposal “technically non-compliant” and therefore, not considered for award.

1. Nature of firm’s services and activities. Provide a description of the nature of the firm’s services and activities. Note when the business was established, brief history and location.

2. Description. Overall description of the techniques, approaches and methods to be used in performing the services.

3. Work Plan or Schedule. Each major task should indicate all necessary subtasks and identify specific total hours, commencement dates and completion dates by which progress can be measured and payments made.

4. Identification of Project Manager. Identify the Project Manager who will manage the contract work. Document a required minimum of five (5) years education and experience that this person has in the same area of expertise required by this RFP.

5. Resumes. Provide resumes for each individual, including the lead personnel and supporting personnel to be employed for this project. Include education, experience and expertise with pertinent information demonstrating qualifications for this RFP. Do not exceed two (2) pages per person.

6. Organization Chart. Submit an organization chart showing the hierarchy of key personnel to be working on this project. Chart must show the relationship between project manager and key personnel of the firm and all other parties (subcontractor[s]) to this proposal.

7. References. Prime contractor shall provide in its proposal a minimum of three (3) reference letters from firms for which services were performed by the prime contractor. Each letter must include name of firm, contact person, address, phone http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=3.&title=2.&part=5.5.&chapter=7.&article=1.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=2807.

number, must be on the firm’s letterhead, and must include a description and assessment of services performed by the prime contractor. Services performed by the prime contractor shall be similar to the services requested in this RFP. Contractor should not provide reference letters from Department staff if those employees are anticipated to be on the Evaluation Team. CDFA employees listed as references shall be recused from the evaluation process.

8. Subcontractors. When subcontractors are used, include the following:

A. identification of those persons or firms;

B. resumes of each major subcontract participant;

C. the portions and monetary percentages of the work to be done by the subcontractors;

D. how they were selected and why;

E. description of how subcontracted work will be controlled, monitored and evaluated.

9. Cost Proposal. Shall include a detailed breakdown showing how the costs were determined. A Cost Proposal must be submitted for each contract year and any Options to Renew. A proposal missing Costs Proposals for the term of the contract and any options will be deemed non-responsive. An Excel spreadsheet with the required is provided as a separate attachment to this RFP.

10. Samples by Prime Proposer. Include samples of similar types of contracts on work performed that were successfully conclusive and list the contractor’s name, contact information, address, phone number, person to contact, term dates, and services performed. A minimum of three (3) samples of prior projects of a similar nature are required to be submitted.

11. The proposal must include all items as outlined above and the documents listed on the Required Documents page.

Proposal Submittal Requirements

1. Proposals 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 bid to be rejected.

2. A proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The CDFA may reject any or all proposals and may waive any immaterial deviation in a solicitation. The CDFA’s waiver of immaterial defect shall in no way modify the RFP document or excuse the proposal from full compliance with all requirements if awarded the agreement.

3. Costs incurred for developing proposals in anticipation of award of the Agreement are entirely the responsibility of the proposer and shall not be charged to the State of California.

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

5. A proposer may withdraw its proposal by submitting a written withdrawal request to the CDFA, signed by the proposer or an authorized agent of their firm. A proposer may thereafter submit a new proposal prior to the submission deadline. Proposals may not be withdrawn without cause subsequent to the submission deadline.

6. The CDFA may modify this RFP prior to the date fixed for submission of proposals by posting an addendum to the original bid package on Cal eProcure.

7. The CDFA reserves the right to reject all proposals. The CDFA is not required to award an Agreement.

8. Before submitting a response to this solicitation, proposers should review to ensure there are no errors and confirm compliance with the RFP requirements.

9. Where applicable, proposer should carefully examine work sites and specifications. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

10. The CDFA does not accept alternate contract 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 are not negotiable.

Submission of Proposal

1. Proposals should 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 may be cause for rejection of a proposal.

2. This proposal is a method that consists of two parts: 1) Technical proposal and 2) Cost Proposal. The Technical Proposal and the Cost Proposal must be two separate PDFs.

Proposals must be submitted via email to CDFA.contracts@cdfa.ca.gov. The subject line of the email must read as follows: Proposal Number, Your Organization’s Name.

All Proposal documents must be in PDF format. As the identified point of contact, please obtain acceptable e-signature(s) from your company’s authorized representative.

Acceptable forms of e-signature include:

a. Scanned “Wet” Signature: Print and sign document(s) in ink, then scan an electronic copy in PDF format.

b. “Typed” Signature: If the signature field of the document is editable (e.g., the signature feature in Adobe Acrobat), then a typed signature is acceptable.

3. Proposals will not be accepted from Expatriate Corporations, and proposals from primes subcontracting with Expatriate Corporations will not be accepted.

4. If the proposal is made under a business title (dba), the actual legal name of the proposer must be provided.

5. All proposals shall include the documents identified on the attached checklist entitled

“Required Documents.” Proposals not including the required documents shall be deemed non-responsive.

https://www.caleprocure.ca.gov/pages/Events-BS3/event-search.aspx

Evaluation and Selection

1. At the time of proposal opening, each proposal will be checked for the presence or absence of required information in conformance with the submission requirements of this

RFP.

2. 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.

3. The proposals that meet the minimum qualifications will be evaluated and scored according to the criteria in the Evaluation Scoring Criteria included in this RFP. A minimum of 77 points out of 110 points possible in categories one (1) through three (3) of this phase must be achieved to be considered responsive.

4. The Evaluation Score Sheet is not intended to be a list of RFP requirements but rather a fair, uniform, and impartial approach to determining which proposal best meets the RFP requirements. The Evaluation Team will review each Proposal in its entirety to determine if the requirements are being met and scores will be awarded based on a review of each Proposal, including the resumes. The Evaluation Scoring Criteria will be used to ensure Proposers have met all RFP requirements based on each category listed.

5. Award, if made, will be to the lowest cost responsive proposer.

Award and Protest

1. Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by email or mail five (5) working days prior to the award of the agreement.

2. Notice of proposed award shall be sent to all proposers. Upon written request by any proposer, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the agreement.

3. If any proposer, prior to the award of agreement, files a protest with the Department of General Services (DGS), Office of Legal Services, and the CDFA on the grounds that the Department failed to follow procedures under Public Contract Code §10344(c), the agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter.

4. Within five (5) days after filing the initial protest, the protesting proposer shall file with the DGS and the CDFA a detailed written statement specifying the grounds for the protest. The written protest must be sent to:

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

A copy of the detailed written protest should be mailed to CDFA, Grants and Contracts Unit, 1220 N Street, Room 120, Sacramento, California 95814 or emailed to CDFA.contracts@cdfa.ca.gov. If mailed, it is suggested that proposers submit any protest by certified or registered mail.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC&sectionNum=10344.

mailto:OLSProtests@dgs.ca.gov

Disposition of Bids

Upon proposal evaluation, all documents submitted in response to the 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 Public Contract Code §10344(c)(2) and subject to review by the public.

Agreement Execution and Performance

1. Performance shall start no later than thirty (30) days, or on the expressed date set by the

CDFA and the Contractor, after all approvals have been obtained and the Agreement is fully executed. Should the Contractor, after all approvals have been obtained and the Agreement is fully executed, fail to commence work at the agreed upon time, the CDFA, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor’s proposal price and the actual cost of performing work by another contractor.

2. All performance under the agreement shall be completed within the agreement’s terms.

Preference and Incentive Programs

Information, requirements, and forms for the preference programs listed below can be found at the Internet websites listed.

Note: These documents may not be required in all bid packages. Refer to Required Documents for documentation required by this RFP.

1. Certified Small Businesses and Microbusinesses Certification Benefits

Certified Small Businesses or Microbusinesses can claim the five percent (5%) preference when submitting a proposal on a state contract. You must provide a copy of the official Certification letter along with your proposal.

For information on small business and microbusiness certification benefits refer to the following DGS Website – https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small- Business-Disabled-Veteran-Business-Enterprise

2. Target Area Contract Preference Act (TACPA)

This solicitation provides for the optional TACPA preference. Bidders are not required to apply for this preference. Denial of the TACPA preference request is not a basis for rejection of the bid/offer.

The TACPA workplace and workforce preferences will be evaluated for this solicitation.

California-based companies seeking TACPA preferences will need to complete and submit preference request forms with the bid/offer. The following webpage contains http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=7.&title=1.&part=&chapter=3.5.&article=1.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC&sectionNum=10344.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC&sectionNum=10344.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference required preference request forms and an interactive map to determine if a business is located with a TACPA qualified zone: Request a Target Area Contract Preference.

By submitting forms, a bidder given a TACPA preference agrees to the TACPA contract provisions required by Government Code 4535 and provided in section 1896.40 of Title 2 of the California Code of Regulations (CCR) in addition to requirements specified on the TACPA form STD 830.

3. Recycled Content Certification

The State of California is required to purchase recycled content products (RCPs) rather than non-recycled products whenever price, quality, and availability are comparable.

Furthermore, each state agency is required to purchase RCPs in sufficient quantities to ensure that mandated RCP procurement goals are attained within eleven product categories. If two bidders quote the same bid cost amount for services, the State will award the contract to the RCP certified contractor.

In order to help state agencies identify all reportable purchases and all the reportable RCP purchases, suppliers are mandated by the Public Contract Codes to certify the minimum, if not the exact, recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. The Public Contract Codes require every supplier to certify the minimum, if not the exact recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. Additional information regarding this program can be obtained at the following web site: https://www.calrecycle.ca.gov/StateAgency/.

4. DVBE Participation

Please look carefully at boxes (a) and (b) in this section. Please note that regardless of DVBE participation requirements the DVBE deductions still apply to all bidders providing DVBE participation (further information is listed below under DVBE Incentive).

(a) DVBE Participation is Required

(b) DVBE Participation has been Waived, however there is a DVBE Incentive.

If box (a) is checked:

You must respond accordingly to the instructions outlined in “California Disabled Veteran Business Enterprise (DVBE) Program Requirements – for Non-IT Services” on the following page for your bid to be considered responsive.

This IFB has participation goals for the Disabled Veteran Business Enterprise (DVBE) Program of three (3%) percent of the total bid cost. Bidders must meet the DVBE requirements in order to be considered a responsive bidder and be considered for contract award. Failure to meet the three (3%) percent minimum will result in your bid being rejected. A copy of the DGS DVBE Certification letter must be included with your bid.

If box (b) is checked, bidders are not required to provide DVBE participation, but may choose to for the Incentive. Please refer to the DVBE Incentive below:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.calrecycle.ca.gov/StateAgency/

Unless stated elsewhere in the solicitation that the DVBE incentive has been waived, in accordance with Section 999.5(a) of the Military and Veterans Code an incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified participation as identified on the Bidder Declaration, DGS PD-05-105, and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation.

Awards based on low price – the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $100,000, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed $100,000.

The following percentages will apply for awards based on low price.

Confirmed DVBE Participation of: DVBE Incentive:

5% or Over 5%

4% to 4.99% Inclusive 4% 3% to 3.99% Inclusive 3%

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) - PROGRAM

REQUIREMENTS - FOR NON-IT SERVICES

(Revision Date 1-2022)

Please read the requirements and instructions carefully.

AUTHORITY

The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.61 et seq.

DVBE PARTICIPATION

The minimum DVBE participation is 3% for this solicitation unless another percentage is specified in the solicitation, or the solicitation is exempt from DVBE participation.

DVBE INCENTIVE

An incentive will be given to bidders who provide DVBE participation, unless stated elsewhere in the solicitation that the DVBE Incentive has been waived.

INTRODUCTION

The bidder must complete the identified form(s) and fully document that the mandatory minimum percent of DVBE participation will be met in order to comply with this solicitation’s DVBE program requirement or the bid may be considered non-responsive.

Information submitted by the Bidder to comply with this solicitation’s DVBE requirements will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of PCC §10115 et seq. and MVC §999 et seq., and follow the investigatory procedures required by 2 CCR §1896.91. Contractors found to be in violation of these provisions may be subject to suspension from doing business with the State of California, contract termination, civil penalties, and loss of State certifications.

Only State of California, Office of Small Business and DVBE Services (OSDS), certified Disabled Veteran Business Enterprises (hereafter called “DVBE”) shall be used to satisfy the DVBE requirements. The term “DVBE contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements of 2 CCR §1896.1, is certified in accordance with 2 CCR §1896.84, and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function as required in MVC §999(B). Bidders must verify each DVBE subcontractor’s certification status with OSDS to ensure participation eligibility prior to submitting bids. A DVBE that is not certified at the time of award or does not meet and maintain certification cannot count towards an awarding department’s three (3) percent goal (MVC §999.5(c)).

COMMERCIALLY USEFUL FUNCTION DEFINITION

A SB/DVBE certified firm performs CUF when doing all of the following:

1. Executes a distinct element of the contract scope of work including supplying of goods/services.

2. Performs, manages, or supervises the work including supplying of goods/services.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PCC&division=2.&title=&part=2.&chapter=1.&article=1.5.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=6.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=6.

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https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=6.

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https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=6.

3. Performs work that is normal for the firm’s business services and functions.

4. Is responsible, with respect to products, inventories, materials, and supplies required for the subcontract, negotiating price, determining quality and quantity, ordering, installing (if applicable), and paying for the material.

5. Does not subcontract a portion of the work greater than expected by industry practices.

A SB/DVBE certified firm does NOT perform CUF when:

1. The firm is an extra participant involved in a transaction, contract, or project through which funds are passed through in order to obtain the appearance of SB/DVBE participation.

2. The firm is not being used to perform the work as stipulated in the bid.

3. The firm is no longer used to provide good/services listed in initial bid response.

DVBE SUBSTITUTION

Bidders must use the DVBE subcontractors or suppliers proposed in the proposal. Any substitutions must be requested in writing to the awarding department and approved by the awarding department and OSDS in writing prior to the commencement of any work by the proposed DVBE. The substitution must be to perform the same work and shall maintain the minimum level of DVBE participation stated in original bid (MVC §999.5(g)).

DVBE SUBCONTRACTOR REPORTING

Bidders awarded a contract with a commitment to use DVBE subcontractors must certify, upon completion of contract, that all payments have been made to the DVBE subcontractors by submitting the Prime Contractor’s DVBE Subcontracting Report (STD 817). For such contractors awarded on or after January 1, 2021, the department will withhold $10,000 from the final payment, or the full payment if the final payment is less than $10,000 from prime contractors, until the complete and accurate STD 817 is received. Failure to submit this certification after given the opportunity to cure, will result in the department permanently deducting $10,000 from the final payment or the full payment if less than $10,000 (MVC §999.7).

Prime contractor shall provide proof of payments made to DVBE subcontractors at the request of the department. The department shall keep all information provided by the prime contractor regarding the DVBE program requirements in the procurement file for six (6) years (MVC §999.55).

PLEASE READ ALL INSTRUCTIONS CAREFULLY

These instructions contain information about the DVBE program requirements, bidder responsibilities, and the DVBE Bid Incentive. Bidders are responsible for thorough review and compliance with these instructions.

To meet the DVBE program requirements, bidders must complete and fully document compliance with the following:

PARTICIPATION COMMITMENT

Bidders must commit to meet or exceed the DVBE participation requirement in this solicitation by either Method A1 (bidder is a California certified DVBE) or A2 (bidder is not a California certified DVBE). Bidders must document DVBE participation commitment by https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=6.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=6.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=6.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=6.

completing and submitting all forms and documentation necessary to support meeting CUF.

Forms include the Bidder Declaration (DGS PD-05-105) and DVBE Declarations (DGS PD 843), and the Confirmation Letter/Form as described below, and any other requested documentation. Failure to complete and submit the required form(s) as instructed will render the proposal non-responsive.

Method A1. Certified DVBE bidder:

a. Commit to perform the participation goal percentage of the contract bid amount with its own resources or in combination with another DVBE(s).

b. Document DVBE participation on the Bidder Declaration DGS PD-05-105 for the Prime and all subcontractors (any person, firm, and/or corporation that will participate in fulfilling any part of the contract).

c. Submit a written Confirmation Letter/Form from each DVBE subcontractor identified on the Bidder Declaration. The written confirmation must include the solicitation number and be signed by the Bidder and the DVBE subcontractor(s). The written confirmation shall include, but is not limited to, the DVBE scope of work, work to be performed by the DVBE, term of the intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment and total amount to be paid to the DVBE. Failure to submit signed confirmations with the bid may render the bid non-responsive. If further verification is necessary, the State will obtain additional information to verify compliance with the above requirements.

d. Submit DVBE Declarations Form, DGS PD 843, for all DVBE participants (prime or sub).

Method A2. Non-DVBE bidder:

a. Commit to using DVBE(s) to perform the participation goal percentage of the contract bid amount.

b. Document DVBE participation on the Bidder Declaration, DGS PD-05-105.

c. Submit a written Confirmation Letter/Form from each DVBE subcontractor identified on the Bidder Declaration. The written confirmation must include the solicitation number and be signed by the Bidder and the DVBE subcontractor(s). The written confirmation shall include, but is not limited to, the DVBE scope of work, work to be performed by the DVBE, term of the intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment and total amount to be paid to the DVBE. Failure to submit signed confirmations with the bid may render the bid non-responsive. If further verification is necessary, the State will obtain additional information to verify compliance with the above requirements.

d. Submit DGS PD 843, DVBE Declarations Form, for all DVBE participants (prime or sub).

RESOURCES AND INFORMATION TO LOCATE DVBE SUPPLIERS

Awarding Department Contact the department at CDFA.contracts@cdfa.ca.gov for any DVBE suppliers who may have identified themselves as potential subcontractors, and to obtain suggestions for search criteria to possibly identify DVBE suppliers for the solicitation. You may also contact the department’s SB/DVBE Advocate for assistance.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

Department of General Services, Procurement Division (DGS-PD) OFFICE OF SMALL

BUSINESS AND DVBE SERVICES (OSDS)

The department’s Small Business (SB/DVBE) Advocate can also provide assistance with identifying DVBEs. For a directory of SB/DVBE Advocates for each department go to Find-a-SB_DVBE-Advocate.

For assistance with this directory, contact the DGS-PD SB/DVBE Advocate at 916-375-4940 or Advocate@dgs.ca.gov.

For assistance with SB/DVBE search, certification applications and information, certification information, certification status or concerns and general DVBE program info, you may use any of the following methods:

1) From 8:00 a.m. – 5:00 p.m., Monday through Friday: Call OSDS at (916) 375-4940

2) Visit the DGS website at: Apply For or Re-apply as Small Business, Disabled Veteran

Business Enterprise (ca.gov); or

3) Email: OSDSHelp@dgs.ca.gov

DGS PD E-Procurement Access the list of all certified DVBEs by using the DGS-PD online certified firm database at www.caleprocure.ca.gov. To begin your search, click on “Quicklinks” and then click on “Find Certified Firms (SB/DVBE). Search by one “keyword” or “United Nations Standard Products and Services Code (UNSPSC)” at a time that apply to the elements of work you want to subcontract.

Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at www.caleprocure.ca.gov, click on Resources and then on “Find Public Procurement Information.” For questions regarding the CSCR, please call (916) 375-2000 or send an email to eprocure@dgs.ca.gov.

For eProcurement Training Modules, including the SB/DVBE Search, click on “Resources” then on “Training and Resources.”

California Department of Veterans Affairs Visit www.calvet.ca.gov, Click on CalVet Programs tab, click on Veterans Services, and then click on Disabled Veterans Business Enterprise (DVBE Program) or email:

DVBE@calvet.ca.gov.

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Small-Business-Disabled-Veteran-Business-Enterprise-Advocate-Directory?search=SB/DVBE%20Advocates https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Small-Business-Disabled-Veteran-Business-Enterprise-Advocate-Directory?search=SB/DVBE%20Advocates mailto:Advocate@dgs.ca.gov https://www.dgs.ca.gov/PD-Certification https://www.dgs.ca.gov/PD-Certification mailto:OSDSHelp@dgs.ca.gov http://www.caleprocure.ca.gov/ http://www.caleprocure.ca.gov/ mailto:eprocure@dgs.ca.gov http://www.calvet.ca.gov/ mailto:DVBE@calvet.ca.gov

EVALUATION SCORING AND CRITERIA

RATING CRITERIA

Excellent

The proposal goes above and beyond the RFP components as well as provides a high degree of confidence in its effectiveness in implementing the scope of work. In addition, the response covers areas not originally addressed within the RFP category and includes additional information and recommendations that would prove both valuable and beneficial to the Department. This response is considered to be an excellent standard, demonstrating the proposer’s authoritative knowledge and understanding of the project.

Good The proposal addresses the RFP components and provides a reasonable and…