24-0042_RFP.pdf

Revision 5/2/2024

June 27, 2024

REQUEST FOR PROPOSAL (RFP)

Secondary Method

RFP No.: 24-0042 Title: Eradication of Caulerpa prolifera in Newport Bay, California Type of Contract: Personal services

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 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.

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

Term of Contract

Option to Renew

Purpose and Description of Services

Problem Statement

Background

Goals and Objectives

Responsibilities of the Contractor/ Deliverables

Minimum Qualifications for Proposers

Budget

Printing

Proposal Requirements

Proposal Submittal Requirements

Generative Artificial Intelligence (GenAI) Disclosure Notification Clause

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

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 ...............................................June 27, 2024 Emailed proposals must be complete and received no later than 2:00 PM PT ........................................................ July 18, 2024 Estimated date of team evaluations .............................................. July 19-24, 2024 Oral Presentations……………………………………………………To be determined

Partial submission of proposal is unacceptable.

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

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, 2026.

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), in coordination with Southern California Caulerpa Action Team (SCCAT, chaired by California State Water Resources Control Board and California Department of Fish and Wildlife in partnership with National Oceanic and Atmospheric Administration along with other federal, state and local agencies), is funding work to eradicate non-native alga Caulerpa prolifera from Newport Bay and prevent future introductions through public outreach. The project consists of the following elements:

1. Systematic surveillance of the infestation areas to ensure no new occurrences, implementation of an efficacy assessment program, and verification of eradication success.

2. Surveillance of related high-risk regions of the bay to verify no additional satellite infestations exist.

3. Outreach to target audiences that are the likely source of releases into the wild, to prevent new introductions.

4. Program documentation and reporting of eradication methods and outcomes.

This contract works towards completing the Rapid Response and Eradication Plan for the Invasive Green Alga Caulerpa prolifera in Newport Bay that has been underway since 2021 and funded to this point by various local, state, and federal entities.

Background In April 2021, the Southern California Caulerpa Action Team (SCCAT) confirmed that the non-native green alga C. prolifera commonly used in home aquaria, was present in Newport Bay. The introduction is believed to have been the result of an aquarium’s release into the bay. This species invaded the Suez Canal in 2007, the Canary Islands in 2013, and Portugal in 2021, dramatically altering the habitat and displacing native aquatic life. Caulerpa spp.

have caused major environmental harm in Australia, New Zealand, and Mediterranean waters. California has previously experienced and successfully eradicated the only two known infestations of Caulerpa taxifolia in California, costing over seven million dollars and six years to achieve eradication. Caulerpa spp. are commonly used in salt-water aquariums, making the potential for their release into the wild high and there is an urgent need to conduct outreach to avoid future releases. As of January 1, 2024, California implemented a ban on the import or possession of any Caulerpa spp., with an allowed exception for possession for scientific research with authorization from California Department of Fish and Wildlife (CDFW) (Fish and Game Code Section 2300).

The main infestation in Newport Bay was centered in China Cove where it displaced the native seagrass (Zostera marina). Dive surveys conducted in1.2-hectare 2021 identified C. prolifera over a roughly 1.2-hectare area of seafloor within China Cove in the entrance channel area of Newport Bay that was infested. Additional Eradication-Level Surveys following the Caulerpa Control Protocol with 100% bottom cover were completed June 16‐18, 2021 to confirm the footprint of the infestation area. Initial infestation removal actions were completed July 7 -14, 2021 with divers removing C. prolifera by hand and with suction devices. During the removal treatments, it was noted that considerable fragmentation of the alga had occurred between the surveys in June 2021 and the commencement of removals two weeks later. Also notable during the removal process was the identification of a two‐frond patch attached and growing at a depth of ‐22.5 feet mean lower low water (MLLW), which is significantly deeper than the other patches in the area to that point.

A series of follow-up surveys were completed in 2021 (7/28, 8/5, 8/12, 8/19, 8/26, 9/2, 9/9 and 11/29), which repeatedly swept through China Cove removing any remaining C. prolifera.

Additional surveys continued throughout 2022 (January, March, April, May, June, July, August, November and December) and 2023 (June, July, and September). After thirty-three re-surveys of China Cove, ending with three consecutive negative surveys in 2023, there is relatively high confidence that all C. prolifera has been removed from the infested area in China Cove.

On March 25, 2022, a second infestation of roughly a 0.5-hectare area of seafloor was identified at Collins Isle, at the northwestern tip of Balboa Island approximately 2.5 km from China Cove. Removal activities for Collins Isle occurred on May 3, 2022, with hand removal and the placement of barriers on the seafloor to prevent regrowth. The barriers were removed 30 days later. Surveys were conducted of the treatment sites as well as 10 meters of the surrounding area. Eradication level surveys were conducted of the area at two and four weeks following the removal of the barriers. No additional C. prolifera were detected. As a result, SCCAT agreed to allow the area to be dredged. This concluded the Phase 1 activities in Newport Bay to remove existing patches and confirm removal in the China Cove and Collin Isle infestation areas.

https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=193375&inline https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=193375&inline https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=193375&inline https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=193375&inline https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202320240AB655&showamends=false https://media.fisheries.noaa.gov/2021-12/caulerpa-control-protocol-v5.pdf https://media.fisheries.noaa.gov/2021-12/caulerpa-control-protocol-v5.pdf

Goals and Objectives Implement Phase 2 of the “Rapid Response and Eradication Plan for the Invasive Green Alga Caulerpa prolifera in Newport Bay” which will eradicate the known infestation and prevent future introductions through targeted outreach, adaptively respond to any new infestation found, and surveillance to confirm eradication.

Responsibilities of the Contractor/ Deliverables

The contractor shall be responsible for the following tasks and timeline to carry out Caulerpa prolifera eradication and outreach. The contractor is responsible for obtaining all required permits to conduct the tasks described in this scope of work and to comply with all conditions of those permits.

Task 1: Conduct 8 to 10 quarterly dive surveys in known previously infested areas (China Cove and Collins Isle), Newport Bay to confirm the sites continue to be free of C.

prolifera and/or remove any Caulerpa spp. finds. Consistency across quarterly dive surveys over 2 to 3 years will be achieved by the contractor by incorporating the following elements:

a. SCCAT Approved Plan: All methods, including efficacy testing, will be conducted as described in “Rapid Response and Eradication Plan for the Invasive Green Alga Caulerpa prolifera in Newport Bay”.

b. Quality Control: A quantitative assessment of efficacy will be conducted for each survey dive. Fake Caulerpa deployed in the marine environment for efficacy assessments should be made of biodegradable or natural materials where feasible.

c. Standardized Documentation & Reporting: Complete Caulerpa Control Protocol Survey Forms using the latest version of the form (available at https://www.fisheries.noaa.gov/west-coast/habitat-conservation/caulerpa-species-west-coast#caulerpa-control-protocol) and submitted to the SCCAT within 7 days of the survey by emailing to caulerpa@wildlife.ca.gov.

Task 2: Conduct eradication-, high intensity- and surveillance-level diver surveys outside of the defined previously infested areas for Caulerpa spp. in high-risk infestation areas. The appropriate level of diver survey will be performed based on the conditions present in the proposed survey area. Task 2 dive surveys will include the following elements:

a. SCCAT Directed Plan: There is active work underway to improve our understanding of the risk of infestation in different areas of Newport Bay based on proximity to known infestation areas and physical factors that affect spread and support growth of Caulepa spp. The contractor will receive direction from the SCCAT on what are the highest risk areas that need to be surveyed at that time based on the latest information available.

b. Quality Control: A quantitative assessment of efficacy will be conducted for each dive survey as requested by the SCCAT. Fake Caulerpa deployed in the marine environment for efficacy assessments should be made of biodegradable or natural materials where feasible.

c. Standardized Documentation & Reporting: Complete Caulerpa Control Protocol Survey Forms using the latest version of form (available at https://www.fisheries.noaa.gov/west-coast/habitat-conservation/caulerpa-https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=193375&inline https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=193375&inline https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=193375&inline https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=193375&inline https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=193375&inline https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=193375&inline https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=193375&inline https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=193375&inline https://www.fisheries.noaa.gov/west-coast/habitat-conservation/caulerpa-species-west-coast#caulerpa-control-protocol https://www.fisheries.noaa.gov/west-coast/habitat-conservation/caulerpa-species-west-coast#caulerpa-control-protocol mailto:caulerpa@wildlife.ca.gov https://www.fisheries.noaa.gov/west-coast/habitat-conservation/caulerpa-species-west-coast#caulerpa-control-protocol species-west-coast#caulerpa-control-protocol), and submit within 7 days of the survey to SCCAT by emailing to caulerpa@wildlife.ca.gov

Task 3: Maintain a GIS-based database of all Caulerpa spp. finds and survey coverage.

Regulatory agencies on the SCCAT shall be granted real-time access to the data (web map or equivalent). GIS data layers shall be exported and shared with the SCCAT when requested.

Task 4: Attend SCCAT meetings as requested to inform decisions on survey eradication efforts following an adaptive management approach to adjust efforts based on evolving needs and priorities.

Task 5: Develop and implement a California Caulerpa spp. Outreach and Education Program, that consists of the following:

a. Outreach Materials: Develop Caulerpa outreach materials in accessible printed and online formats that address key educational messages approved by CDFW and National Oceanic and Atmospheric Administration on Caulerpa spp. and proper disposal of Caulerpa.

b. Regional Outreach Campaign: Collaboration with ocean education organizations, public aquaria, pet shops, online marketplaces, and other relevant contacts to distribute outreach material and messaging. The key target audience is the public aquaria and home aquaria keepers in Southern California.

Task 6: Produce quarterly reports, or at a frequency required by the SCCAT, summarizing survey/eradication efforts and a database or spreadsheet of survey data.

Task 7: Produce a final report that includes:

a. All survey data in a database or spreadsheet (e.g. .csv, .xls, .accdb) including digital files of all spatial data files (e.g .kmz, .shp).

b. Written summary of surveillance and removal efforts.

c. Written inventory of the Outreach and Education Program including the organizations to which the printed and online material was distributed to, date sent, and number of copies provided; provide name of the publication, date published, and a copy of informational articles in local trade periodicals; and provide the name of organization and date of to which presentations were made.

Minimum Qualifications for Proposers The consultant or consultant team selected must have:

1. Project Manager with a minimum of five years of hands-on experience identifying Caulerpa spp. in the field underwater, implementing environmentally safe eradication treatments and conducting systematic surveys to detect additional infestations and document population status as described in the Caulerpa Control Protocol.

2. In-water personnel are currently or will become certified in the Caulerpa Control Protocol.

3. Ability to demonstrate effectiveness in coordinating and collaborating with diverse constituents such as federal and state regulators, California Native American https://www.fisheries.noaa.gov/west-coast/habitat-conservation/caulerpa-species-west-coast#caulerpa-control-protocol mailto:caulerpa@wildlife.ca.gov

Tribes, local government staff, other consulting firms, community representatives, and other stakeholders.

4. Proven track record of understanding the regulatory landscape and already having in hand or ability to obtain the required permits from multiple agencies to conduct the Caulerpa spp. eradication work.

5. Demonstrated record of providing high quality, on-time, and on-budget products.

Bilingual/multi-cultural communications are a plus.

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.

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 and, which 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 must 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 techniques, approaches and methods to be used in performing the services.

3. Work Plan or Schedule. Each major task must 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 https://edd.ca.gov/pdf_pub_ctr/de44.pdf https://www.dir.ca.gov/ 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.

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 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 format 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 disqualified if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. At its discretion, the CDFA may waive any immaterial deviations 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.

Generative Artificial Intelligence (GenAI) 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.

Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors. The State has developed a GenAI Disclosure & Factsheet to be completed by the Bidder/Offeror.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and 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 GenAI Disclosure & Factsheet 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.

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. 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. The Technical Proposal and Cost Proposal should be one document; examples can be separate. As the identified point of contact, https://www.caleprocure.ca.gov/pages/Events-BS3/event-search.aspx https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf 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 checklist entitled “Required

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

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 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 1 through 3 of this phase must be achieved to be considered responsive. Oral presentations will be scheduled for the proposers who receive passing scores of 77 points or more. The proposer’s project manager will have the opportunity to give the oral presentation of the proposal of no longer than 20 minuets to the evaluation committee. This presentation is the proposer’s opportunity to clarify the materials that they submitted in the RFP and is not an opportunity to present new material.

Any attempt to do so will result in the disqualification of that proposer.

4. Oral presentations shall be held via a Microsoft Teams Meeting which will be scheduled after the initial proposal evaluation.

5. The Evaluation Scoring Criteria 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.

6. Award, if made, will be to the highest scored responsive proposer.

Award and Protest

1. Notice of the 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.

2. 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.

3. 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, Contracts Unit, 1220 N Street, Room 120, Sacramento, California 95814 or via email to CDFA.contracts@cdfa.ca.gov. If mailing, it is suggested that proposers submit any protest by certified or registered mail.

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

mailto:OLSProtests@dgs.ca.gov mailto:CDFA.contracts@cdfa.ca.gov 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.

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 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).

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 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/

(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:

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.

https://govt.westlaw.com/calregs/Document/IB1A886F6DA154474B2C9CD56FFA8EFD0?contextData=%28sc.Default%29&transitionType=Default https://govt.westlaw.com/calregs/Document/IB1A886F6DA154474B2C9CD56FFA8EFD0?contextData=%28sc.Default%29&transitionType=Default 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://govt.westlaw.com/calregs/Document/IDACC46FA217C47C2BF12EC105E57C901?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) https://govt.westlaw.com/calregs/Document/IDACC46FA217C47C2BF12EC105E57C901?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) https://govt.westlaw.com/calregs/Document/IDACC46FA217C47C2BF12EC105E57C901?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) https://govt.westlaw.com/calregs/Document/I059934432E0344899B811A7EEE0E18A6?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) 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.

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

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.

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

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…