24-20-001_RFP_-_Addendum_2.pdf

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

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

ADMINISTRATION AND MANAGEMENT DIVISION

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

REQUEST FOR PROPOSAL SECONDARY (Federal)

Notice to Prospective Proposers

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

24-20-001 HOME Program Consulting Services – ADDENDUM 2

March 13, 2024

The Housing and Community Development Department (HCD) invites you to review and respond to this Request for Proposal (RFP), entitled 24-20-001 HOME Program Consulting Services.

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

This RFP is published online at the California State Contracts Register (CSCR) Cal eProcure web site at: https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx. To ensure receipt of any addenda that may be issued, and answers to any questions posed, you must register online at https://caleprocure.ca.gov/pages/bidder-vendor.aspx.

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

Wendy Barnes HCD Contract Administrator

Wendy.barnes@hcd.ca.gov and ServiceContracts@hcd.ca.gov

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

http://www.hcd.ca.gov/ https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx https://caleprocure.ca.gov/pages/bidder-vendor.aspx mailto:Wendy.barnes@hcd.ca.gov mailto:ServiceContracts@hcd.ca.gov

Department of Housing and Community Development Request for Proposal No. 24-20-001

HOME Program Consulting Services

Table of Contents

Contents Table of Contents

Schedule Of Events: *

1. ADMINISTRATIVE INFORMATION

2. PURPOSE, TERM AND SCOPE OF WORK

3. PROPOSER’S MINIMUM QUALIFICATIONS AND REQUIREMENTS

4. PROPOSAL CONTENT

5. TECHNICAL PROPOSAL

7. COST PROPOSAL

8. RFP SUBMISSION GUIDELINES

9. EVALUATION AND SCORING PROCESS

10. AWARD AND PROTEST

11. TAX DELINQUENCY DISCLAIMER

12. OTHER CRITERIA

13. CONTRACTING OPPORTUNITY OPEN TO ALL………………………………………………….20

14. ATTACHMENT 1: REQUIRED ATTACHMENT CHECKLIST

15. PROPOSED AGREEMENT WITH SAMPLE EXHIBITS

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

Event: Date: Time (PST):

RFP Available to Prospective Proposers1 02/29/2024 1:00 PM

Deadline to Submit Written Questions 03/08/2024 5:00 PM

Deadline to Post Responses to Written Questions 03/14/2024 4:00 PM Deadline to Request Access to Vendor RFP Uploads Portal 03/19/2024 5:00 PM

Final Date for Proposal Submission 04/04/2024 2:00 PM

Anticipated Notice of Intent to Award 04/22/2024 5:00 PM

Anticipated Agreement Start Date 06/01/2024 N/A

Proposed Agreement Term 36 months

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

1. QUESTIONS AND CLARIFICATIONS AND SUBMISSIONS REGARDING THE RFP

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

ServiceContracts@hcd.ca.gov and wendy.barnes@hcd.ca.gov.

Please reference RFP No. 24-20-001 in the subject line.

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

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

https://caleprocure.ca.gov/pages/index.aspx mailto:wendy.barnes@hcd.ca.gov

A. Errors and Omissions

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

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

B. Addenda

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

C. Proposer’s Costs

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

2. ADMINISTRATIVE INFORMATION

A. Background

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

HCD currently has outstanding HOME Investment Partnerships Program (HOME) audit and monitoring findings and areas of concern, including, but not limited to, program income, rental assistance, grant closeouts, financial management and internal controls, disbursements, and subrecipient risk assessment and monitoring. The findings result from a lack of Policies and Procedures (P&P) and Standard Operating Procedures (SOP), inconsistent adherence to federal regulations, and inefficiencies in the HOME program. The longer these P&P remain out of compliance, the greater the risk of additional monitoring, audits, and more significant findings, as well as an increased probability of U.S. Department of Housing and Urban Development (HUD) recapture of funding.

The HCD Division of Federal Financial Assistance (DFFA) has worked over the past several years to address these outstanding findings, but current resources are insufficient to bring the program into compliance. Progress has been impacted by the unexpected impacts of the COVID-19 pandemic, shifting to telework, operating an influx of emergency funds, starting up a new federal division with less resources, and ongoing natural disasters that continue to increase DFFA’s daily workload.

B. Condition of Award

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

C. No Guarantee of Quantities

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

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

3. PURPOSE, TERM AND SCOPE OF WORK

A. Purpose

HCD is seeking the services of a qualified contractor to lead a comprehensive effort in developing a range of HUD HOME Investment Partnerships Program and associated federal cross-cutting P&P’s to ensure federal compliance of the HOME program administered by DFFA within HCD.

Bringing a contractor on board to establish the required P&P, increase staff and grantee expertise through training, and map improvements to internal standard operating procedures is a critical step towards addressing outstanding findings and mitigating future findings, as well as reducing HCD and its grantee’s risk profiles. This contract will not only support HCD, but its communities and grantees, as it will produce P&P that will be more easily and directly implemented by local governments and affordable housing development organizations within California’s most vulnerable, low-capacity, and rural communities, without incurring additional staff costs. As a result, resources will be used more effectively and efficiently, grantee staff retention is expected to increase with the balance of workload, monitoring will be more consistent and reliable, and ongoing compliance can help safeguard these funds from recapture, ensuring that these critical resources remain in California’s communities.

Agreement Term: The anticipated term is Upon approval by the Department of General Services (DGS), through 36 months.

B. Scope of Work Please refer to the Scope of Work of the Proposed Agreement in Section 15, Exhibit A of this RFP.

4. PROPOSER’S MINIMUM QUALIFICATIONS AND REQUIREMENTS

The Proposer must demonstrate meeting the following minimum qualifications. Failure to provide adequate evidence and/or documentation will cause the proposal to be rejected. The documentation provided will be scored on a pass/fail basis. It will be HCD’s discretion to determine if a submitted proposal has passed or failed minimum requirements and to determine if a proposal will be rejected and therefore considered nonresponsive.

A. In General

Proposals must describe the Proposer’s qualifications and expertise in the format outlined in the RFP. A proposal will not be considered complete unless it contains all of the items described below. Proposers are not to alter or modify the forms other than by providing the required information; please note, adding your firm’s logo or letterhead to the form is not considered a modification or alteration of the form. Failure to provide adequate evidence, documentation, forms, or any required information may cause the Proposal to be rejected.

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

Secretary of State.

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

3) Proposer must assign classifications to deliver the services required in the Scope of Work of the Proposed Agreement (Section 15, Exhibit A of this RFP).

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

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

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

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

B. Required Experience

1) The Proposer, in combination with any subcontractors, must have a minimum of seven (7) years of recent experience working with government entities performing tasks similar in nature to the Scope of Work of the Proposed Agreement (Section 15, Exhibit A of this RFP). This includes, but is not limited to, those items listed in Section 6.B., “Key Personnel Minimum Qualifications,” below.

2) The proposal must demonstrate that the Proposer, its staff, and subcontractors:

a) Have assigned Key Personnel and staff to deliver services as required.

Key Personnel are defined as skilled, experienced professional and/or technical personnel who are essential for successful accomplishment of the work to be performed under this Agreement. Contractor must have the necessary staffing levels, capacity, resources, and facilities to immediately deploy sufficient and qualified personnel and manage multiple projects simultaneously.

b) Have not had an early termination of a contract due to breach of contract or lack of performance in the last seven (7) years.

C. Insurance Requirements

If awarded, the awarded Contractor will not commence performance under the Agreement until the Contractor has provided HCD with a certificate of insurance that meets all of the insurance requirements listed in Exhibit D, “HCD Additional Terms and Conditions,” of Section 15 of this RFP.

5. PROPOSAL CONTENT

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

A. Cover Letter of Interest

Provide a Cover Letter of Interest, which will be considered an integral part of the Proposal and must be signed by an individual who is authorized to bind the Proposer contractually. The cover letter must state the individual is so authorized and must include the title or position that the individual holds in the Proposer’s firm. An unsigned cover letter may cause the Proposal to be rejected. The letter must contain all of the following:

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

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

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

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

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

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

B. Table of Contents

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

C. Required Attachments

1) Required Attachment Checklist (Attachment 1)

2) Proposal/Proposer Certification Sheet (Attachment 2)

3) Minimum Qualifications Response (Attachment 3)

4) Proposer’s References (Attachment 4)

5) Cost Proposal (Attachment 5)

6) Executive Order N-6-22- Russia Sanctions (ADM 127) (Attachment 6)

7) Byrd Anti-Lobbying Certification Federal only (Attachment 7)

8) Commercially Useful Function (CUF) Certification (ADM 142) (Attachment 8)

9) Resumes (Attachment 9)

10) Bidder Declaration GSPD-05-106 (Attachment 10)

11) Darfur Contracting Act (DGS PD1) (Attachment 11)

12) California Civil Rights Laws Certification (DGS OLS 04) (Attachment 12)

13) Iran Contracting Act (Attachment 13)

14) Payee Data Record (STD 204) (Attachment 14)

15) Payee Data Record Supplement (STD 205) (Attachment 15) (optional)

16) Contractor Certification Clauses (CCC 04/2017) (Attachment 16)

17) DVBE Declaration Form (STD. 843) (Attachment 17)

6. TECHNICAL PROPOSAL (Max 800 Points) Proposer must include a written statement indicating the number of years performing the tasks outlined in the Scope of Work of the Proposed Agreement (Section 15, Exhibit A of this RFP) and explain how the organization qualifies to perform such tasks and further HCD’s policy goals. Portions of the technical proposal from the awarded proposer’s work plan may be incorporated into the contract as needed. Proposer shall describe general experience and strategy for subcontracting tasks (if any) for which they are not qualified or lack capacity.

Please organize your response according to the outline below. The total maximum points for each category are provided in parentheses and will be scored on a points-earned basis as described in Section 9, Evaluation and Scoring Process.

A. Qualifications and Experience of Organization, Key Personnel, Subcontractors (Max 500 points)

In addition to meeting the Minimum Qualifications and Requirements in Section 4, the Proposer’s organization, key personnel, and any subcontractors, including any project manager and technical or resource area leads, will be scored on what is documented in their response to the technical proposal, as well as through resumes of key personnel who will be performing the work, and other relevant supporting documentation.

B. Key Personnel Minimum Qualifications

1) The assigned Project Manager (PM) or Equivalent must have a minimum of seven (7) years of experience working with government entities performing tasks similar in nature to the tasks provided in the Scope of Work of the Proposed Agreement (Section 15, Exhibit A of this RFP). This includes, but is not limited to:

a) Exhibiting subject matter expertise in the Home Investment Partnerships

Program (HOME) and associated cross-cutting requirements.

b) P&P development and implementation for HUD grantees.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-106.pdf https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwiMw5Ok2t_2AhVtleAKHaG5DhcQFnoECBcQAQ&url=https%3A%2F%2Fwww.dgs.ca.gov%2F-%2Fmedia%2FDivisions%2FOLS%2FForms%2FCALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.ashx&usg=AOvVaw3MuTBwlXsLQIPe8O3MC0uY https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/SCM/Iran_Contracting_Act_Verification_Form.pdf https://www.documents.dgs.ca.gov/dgs/FMC/PDF/Std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

c) Designing and providing training and technical assistance to HUD grantees.

d) Clearly communicating information verbally, graphically, and in writing.

e) Reviewing, interpreting, editing, developing, and writing program, policy, and procedure documents for HUD grantees.

f) Reading, interpreting, and clearly communicating local, state, and federal statutes, regulations, Federal Register Notices, and other similar items.

g) Strategic planning and P&P support for HUD grantees.

2) A minimum of three (3) years of management experience in the public or private sector which may include managing staff and/or serving as a team, project, or program lead.

3) Other Key Personnel may support the PM with technical, specialized, cross-cutting components of the P&Ps (e.g., accounting, financial, database systems, underwriting, compliance, construction, and housing assistance programs and funding). Key Personnel must have at least three (3) years of experience with their assigned task as it pertains to HOME/HUD program(s). Key Personnel may only work under the direction and supervision of the PM. Only Key Personnel may serve as task leads. This does not preclude the Proposer’s staff/personnel from providing support (e.g., administrative) to Key Personnel.

B. Work Plan and Work Schedule/Approach and Methodology (Max 300 points)

1) Provide a work plan for each task and subtask. Identify each major task, necessary subtask, deliverables, and/or specific milestones by which progress can be measured and payments made. The work plan must be consistent with the Scope of Work and Delivery of Services as detailed in the Scope of Work of the Proposed Agreement (Section 15, Exhibit A of this RFP).

2) Provide an approach, methodology, and decision-making process in providing the required work plan and for starting up and managing operations, minimizing risk, ensuring timely completion of critical tasks and exemplary customer service, and implementing a quality assurance process.

7. COST PROPOSAL (Max 365 Points)

The proposed work shall be broken down and based on the Tasks/Deliverables shown in Attachment 5, Cost Proposal.

A. Use the Cost Proposal Worksheet in Attachment 5 as a guide in preparing the fixed price cost for completing the work described in the Scope of Work of the Proposed Agreement (Section 15, Exhibit A of this RFP) within the timeframe of the Agreement.

B. The cost proposal will be scored as set forth in Section 9.N below.

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

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

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

8. RFP SUBMISSION GUIDELINES

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

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

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

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

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

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

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

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

I. All proposals are required to include the documents identified as required in Section 14, Attachment 1: Required Attachment Checklist. Proposals not including the proper “required attachments” will be deemed non-responsive. A non-responsive proposal is mailto:servicecontracts@hcd.ca.gov mailto:Wendy.Barnes@hcd.ca.gov one that does not meet the basic proposal requirements. Proposals deemed non-responsive may be rejected.

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

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

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

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

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

O. More than one (1) proposal from an individual, Proposer, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any Proposer has submitted more than one (1) proposal for the work contemplated herein will cause the rejection of all proposals submitted by that Proposer.

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

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

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

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

mailto:ServiceContracts@hcd.ca.gov mailto:Wendy.Barnes@hcd.ca.gov https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINAL.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINAL.pdf

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

9. EVALUATION AND SCORING PROCESS

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

B. At the time of proposal opening, each proposal will be checked for the presence or absence of required information in conformance with Section 5, Proposal Content, and Section 8, RFP Submission Guidelines.

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

D. HCD reserves the right to seek clarification of any Proposal for the purpose of identifying and eliminating minor irregularities or informalities found in any Proposal.

Please refer to section 8.J, above.

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

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

F. If deemed necessary by HCD, at its sole discretion, the following omitted and/or additional information may be collected.

1) Copies of any form submitted without a signature. This provision does not apply to an unsigned Cover Letter of Interest (see Section 5.A of this RFP).

2) Data or documentation omitted from any submitted attachment or form.

3) Information and material needed to clarify or confirm certifications or claims made by a Proposer.

4) Information or material needed to correct or remedy an immaterial defect in the Proposal.

5) Other than information requested by HCD, no Proposer will be allowed to alter the Proposal or add new information after the final filing date.

G. Oral Presentations/Discussions May be Required.

1) HCD, at its sole discretion, may require the top three (3) responsive Proposers to provide an oral presentation of how they propose to meet the objectives of this

RFP.

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

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

4) The cost score will be based solely on the original cost Proposal received.

H. Written or oral Proposal evaluation debriefings will not be given to unsuccessful Proposers. All Proposals and the final scoring summary sheet are retained by HCD as a permanent record and will be made available for public inspection.

I. 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.

J. Each Proposer’s Minimum Qualifications will be evaluated based on a pass/fail evaluation. If the Proposer meets all Minimum Qualifications and is deemed responsive by HCD, then the Technical Proposal and Cost Proposal will be evaluated and scored.

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

Proposals will be evaluated according to the following criteria.

Scoring Criteria Category Max. Points

TECHNICAL PROPOSAL

A. Qualifications and Experience of Organization, Key Personnel, Subcontractors 500

B. Work Plan/Approach and Methodology 300

CUSTOMER SATISFACTION RATING 50

COST PROPOSAL 365

TOTAL POSSIBLE POINTS 1,265

INTERVIEW (if required) 50

TOTAL POSSIBLE POINTS INCLUDING INTERVIEW 1,315

L. There are 800 maximum points that may be awarded for the entire Technical Proposal.

1) Qualifications and Experience of Organization, Key Personnel, Subcontractors

(Max. 500 Points)

2) Work Plan/Approach and Methodology (Max. 300 Points)

HCD will use the following scoring system to assign points to the Technical Proposal:

Qualifications and Experience of Organization, Key Personnel, Subcontractors

Point Values

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

0 Points No Value

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

200 Points Poor

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

300 Points Fair

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

400 Points Good

Proposal response (i.e., content and/or explanation offered) exceeds HCD’s needs/requirements or expectations. 500 Points

Excellent

Work Plan/Approach and Methodology Point

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

0 Points No Value

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

75 Points Poor

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

100 Points Fair

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

200 Points Good

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

300 Points Excellent

M. Proposer References (Max. 50 points)

The Proposer must submit three (3) company references using the form in Section 14, Attachment 4, “Proposer References.” All three (3) references submitted must be for engagements similar in size, scope, and function to the Scope of Work of the Proposed Agreement (Section 15, Exhibit A of this RFP) and substantiate the Proposer’s Minimum Qualifications and Requirements listed in Section 4 of this RFP.

Points for references will be achieved based on how the reference elects to assess the company. HCD reserves the right to contact the reference for validation purposes. HCD may not assign points for references that cannot be validated. Proposers who submit more than three (3) references will not receive additional points. Only the first three (3) references included in the response will be evaluated. HCD reserves the right to adjust the numeric points assigned by the reference based on assessment of written explanations provided by the reference.

A maximum of 50 points (average of all three (3) references) are available for this comparison element. If the Proposer does not provide three completed proposer reference forms, the Proposer may be deemed unresponsive, at the discretion of HCD and will not move forward to the scoring phase.

Example: In the sample scenario provided below, Proposer A submits three (3) references and each one totals the maximum 50 points under the Proposer References.

The three (3) references are totaled and an average of 50 points is achieved. The Proposer will receive the maximum 50 points possible for Proposer A.

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

This same process is applied to Proposers B and C.

A B C D Total

Contractor Rating Form Point Values

Subtotal (Sum Col B)

Adjusted Points

(Col C ÷ 3)

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

C 50 50 47 147 49 49

N. Cost Proposal (Max. 365 Points)

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

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

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

Proposer’s cost proposal

Example: Lowest cost proposal = $125,000 Proposer’s cost proposal = $150,000 Max. cost points = 365 points

Proposer’s cost = $125,000 x 365 = 304 points awarded to Proposer $150,000

O. Final Scoring

1) Scores from Technical Proposal, Proposer’s References, and Cost Proposal will be added together and sub-totaled. The maximum points possible for the subtotal will be 1,265 points.

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

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

10. AWARD AND PROTEST

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

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

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

DGS.

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

D. Prior to the award of agreement, a Proposer may file a protest with the DGS, Office of

Legal Services (OLS). The protest notification should identify the grounds of the protest, including that the protesting Proposer would have been awarded the agreement had the HCD correctly applied the evaluation standard in the RFP, or followed the evaluation and scoring methods in the RFP.

E. Protest notifications must identify the Department of Housing and Community Development as the Awarding Agency and identify the RFP Number 24-20-001.

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

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

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

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

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

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

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

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

11. TAX DELINQUENCY DISCLAIMER

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

mailto:OLSProtests@dgs.ca.gov

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

FTB: About the delinquent taxpayer list | https://www.ftb.ca.gov/about-ftb/newsroom/top- 500-past-due-balances/corporate-income-tax-list.html CDTFA: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

12. OTHER CRITERIA

A. Conflict of Interest

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

B. Statement of Economic Interest

The Contractor personnel assigned to the tasks are considered consultants under California law. The Fair Political Practices Commission (FPPC) requires consultants that make or participate in governmental decisions to comply with state financial disclosure rules and take ethics training. A consultant must file a Statement of Economic Interests (Form 700) within thirty (30) days of assuming office. This form is for HCD’s internal use and is maintained by HCD in the same manner as the agency’s conflict of interest code.

For more information, refer to the FPPC website www.fppc.ca.gov and Regulation

18700.3 and 18734.

C. Corporate Qualifications to Do Business in California

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

D. Follow-On Contracts

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

E. Execution of Contract

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

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

13. CONTRACTING OPPORTUNITY OPEN TO ALL

A. Women Business Enterprise (WBE) and Minority Business Enterprise (MBE) Outreach

1) California and the federal government are committed to equal opportunity for contracting. All disadvantaged businesses such as small business, MBE, WBE, disabled veteran businesses are encouraged to respond to this RFP.

2) As outlined in 2 CFR 200.321, non-federal entities must take and document all necessary affirmative steps to assure that minority businesses, women’s businesses, and labor surplus firms are used when possible. To meet this requirement, proposers who are a WBE or MBE are encouraged to respond or be a part of a team which responds to the solicitation.

B. Training, Employment, and Contracting Opportunities for Business and Lower- Income Persons Assurance of Compliance (Section 3)

The Proposer and its subcontractors may be required to comply with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and implementing regulation at 24 CFR, Part 75. The responsibilities outlined in 24 CFR Part 75.19 include:

1) Implementing procedures designed to notify Section 3 workers about training and employment opportunities generated by Section 3 covered assistance and Section 3 business concerns about contracting opportunities generated by Section 3 covered assistance.

2) Notifying potential subcontractors for Section 3 covered projects of the requirements of Part 75, Subpart C and incorporating the Section 3 clause set forth below in all subcontracts for solicitations and contracts in excess of $200,000 as required at 24 CFR 75.27.

Per 24 CFR Section 75.3(d), Contractors that are not subject to Section 3 are encouraged to consider ways to support the purpose of Section 3.

Section 3 Clause for Inclusion in Contracts

The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, will, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations.

The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the Contractor’s commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice will describe the Section 3 preference, will set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work will begin.

The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75 and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.

The Contractor acknowledges that subrecipients, contractors, and subcontractors are required to meet the employment, training, and contraction requirements of 24 CFR 75.19, regardless of whether Section 3 language is included in recipient or subrecipient agreements, program regulatory agreements, or contracts.

The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor’s obligations under 24 CFR Part 75.

Noncompliance with HUD’s regulations in 24 CFR Part 75 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts.

3) The Contractor agrees to submit, and will require its subcontractors to submit to them, annual reports detailing the total number of labor hours worked on the Section 3 Project, the total number of labor hours worked by Section 3 Workers, and the total number of hours worked by Targeted Section 3 Workers, and any affirmative efforts made during the quarter to direct hiring efforts to low- and very low-income persons, particularly persons who are Section 3 workers and Targeted Section 3 workers.

4) Facilitating the training and employment of Section 3 workers and the award of contracts to Section 3 business concerns by undertaking activities such as described in Section 75.25(b), as appropriate, to reach the goals set forth in Section 75.23 and in Federal Register Vol. 85, No. 189, page 60909, until superseded by HUD in a subsequent publication. As of September 29, 2020, the minimum Section 3 benchmark is twenty-five (25) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Section 3 workers; and five (5) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Targeted Section 3 workers.

14. ATTACHMENT 1: REQUIRED ATTACHMENT CHECKLIST

A complete proposal or proposal package must consist of the items identified below.

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

Attachment Name/Description

Attachment 1 Required Attachment Checklist

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

Attachment 3 Minimum Qualifications Response (with original signature)

Attachment 4 Proposer References

Attachment 5 Cost Proposal

Attachment 6 Executive Order N-6-22 Russia Sanctions (ADM 127) (Proposals over $5,000,000.00 only)

Attachment 7 Byrd Anti-Lobbying Certification (Proposals over $100,000 only)

Attachment 8 Commercially Useful Function (CUF) Certification (ADM 142)

Attachment 9 Resumes (All Key Personnel)

Attachment 10 Bidder Declaration (GSPD-05-106)

Attachment 11 Darfur Contracting Act (DGS PD 1)

Attachment 12 California Civil Rights Laws Certification (DGS OLS 04)

Attachment 13 Iran Contracting Act (Proposals over $1,000,000 only)

Attachment 14 Payee Data Record (STD 204)

Attachment 15 Payee Data Record Supplement (STD 205) (Optional)

Attachment 16 Contractor Certification Clauses (CCC 04/2017)

Attachment 17 DVBE Declaration Form (STD. 843) (if applicable) https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-106.pdf https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf…