25-0006_RFP.pdf

Governor Gavin Newsom

REQUEST FOR PROPOSALS

RFP – Youth Safe Digging Education Program Energy Safety 25-1012

May 20, 2026 You are invited to review and respond to this Request for Proposals (RFP) for the creation of a Youth Safe Digging Education Program that will support the Office of Energy Infrastructure Safety’s (Energy Safety’s) mission.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 2/2025) and Contractor Certification Clauses (CCC 02/2025) that may be viewed and downloaded at the following internet site:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources- List-Folder/Standard-Contract-Language. If you do not have Internet access, a hard copy can be provided by contacting the Procurement Analyst listed below.

Proposers are encouraged to carefully read the entire solicitation. The need to verify all documentation and responses prior to the submittal of proposals is the responsibility of the proposer and cannot be overemphasized. Please ensure insurance requirements and, if applicable, prevailing wages are considered in your proposal amounts. Should prevailing wage be required, August 2025 rates will apply. Note: Proposer (and any listed subcontractor) must be registered with the Department of Industrial Relations (DIR).

In the opinion of Energy Safety, this RFP is complete and without need of explanation.

However, if you have questions regarding this RFP, please contact the Procurement Analyst listed below. Please note that verbal information given will not be binding on the State unless such information is issued in writing as an official addendum to this RFP.

Sean Grant, Procurement Analyst Office of Energy Infrastructure Safety

(415) 793-6826 sean.grant@energysafety.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language mailto:sean.grant@energysafety.ca.gov

Office of Energy Infrastructure Safety Elementary School Curriculum

RFP 25-1012

I. Purpose and Description of Services

1. Energy Safety, through its Underground Infrastructure Directorate, is seeking proposals from qualified vendors to design and deliver digital files for a Youth safe Digging Program focused on safe digging practices, as outlined by the Dig Safe Act of 2016 and related California Government Code sections (§4216–4216.24).

2. The purpose of this contract is to create an engaging, age-appropriate, and standards-compliant education program that promotes safe excavation awareness among students in grades 3–6.

3. The state anticipates services will be performed remotely for this agreement.

4. The anticipated term of the contract will be for two (2) years. Energy Safety will have the option to extend the term of the contract for an additional 12 months. Energy Safety may amend the budget as needed.

5. The Proposer’s rates will stay in effect for the entire contract term.

6. The required services are provided in Attachment 9, Sample Standard Agreement and

Exhibits. The winning Proposer will be required to adhere to all Agreement terms as indicated in Attachment 9, Sample Standard Agreement and Exhibits.

II. Proposer Minimum Qualifications NOTE: Proposal Submittals that do not meet minimum requirements will be rejected.

A. Requirement:

1. A Proposer must be registered with the State of California, Secretary of State, if required by law.

B. Insurance:

A Proposer must submit current proof of insurance for the following:

1. General Liability

2. Worker’s Compensation - A sole proprietor with no employees can self-certify exemption (LC §3700 exemption letter) A certificate of insurance (COI) may be provided as proof of insurance. The COI and/or proof of insurance documents shall be named Attachment 7, Proof of Insurance, and be submitted with the proposal. Endorsements to insurance policies are not required for proposal submittal. Endorsements to insurance policies are only required by the winning Proposer as indicated in Attachment 9, Sample Standard Agreement and Exhibits.

NOTE: Contact your insurance representative to ensure your insurance program satisfies the requirements of the sample contract found in Exhibit D, Section 9 in Attachment 9, prior to submitting proposal.

C. References:

Proposers must provide three (3) or more references that speak to their ability to perform the work requested in this RFP. Attachment 5, Proposer References, must be completed and submitted with the proposal submittal. NOTE: References must include satisfactory job performance on operations within the last five (5) years that are similar to elementary school curriculum services as required in this solicitation.

D. DVBE Participation:

Participation goals for this contract are not required.

III. RFP Information A. Key Action Dates

Listed below are the important action dates and times by which actions must be taken or completed. If Energy Safety finds it necessary to change any of these dates, it will be accomplished by addendum to this RFP. ALL DATES AFTER THE DEADLINE FOR FINAL

BID SUBMITTAL ARE APPROXIMATE AND MAY BE ADJUSTED AS CONDITIONS

INDICATE, WITHOUT ADDENDUM TO THIS RFP.

Event Date Time (PT) RFP available to prospective proposers May 20, 2026 Written Question Submittal Deadline May 27, 2026 12:00 p.m.

Questions and Answers to be Posted June 1, 2026 Deadline for Final Proposal Submittal June 9, 2026 2:00 p.m.

Anticipated Award Date June 12, 2026

B. Written Questions

1. Proposers requiring clarification of the intent or content of this RFP, or on procedural matters regarding the competitive procurement process, may request clarification by submitting questions by the submittal date noted in Section III A, Key Action Dates.

Proposers may submit questions to the Contract Specialist listed on the Notice to Prospective Proposers via email. To ensure a response is received with sufficient time to support proposes, questions must be received by the date given for written questions in Key Action Dates (above). Question and Answer Sets will be provided to all Proposers without identifying the submitters and will be posted as an official Addendum.

2. If a Proposer discovers any ambiguity, conflict, discrepancy, omission or other error in this RFP, the Proposer will immediately notify Energy Safety of such error(s) in writing and request clarification or modification of the document. If a Proposer fails to notify Energy Safety, prior to the Deadline for Final Proposal Submittal, of an error known to the Proposer, or an error that reasonably should have been known, the Proposer will proposal at their own risk, and if awarded the contract, will not be entitled to additional compensation or time by reason of the error or its later correction.

IV. Proposal Requirements A. Proposal Content Requirements

All of the information requested shall be provided in the prescribed format. A proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. A proposal will be rejected if any such defect or irregularity constitutes a material deviation from the RFP requirements.

Proposer(s) seeking consideration must complete and return to Energy Safety, Sections 1 – 7 as described in detail below by the date and time specified in the Key Action Dates section of this RFP. The proposal shall be presented in separate sections, with each section and the contents therein as set forth below:

1. Section 1: Cover Letter: A cover letter, which shall be considered an integral part of the proposal, shall be signed by the individual(s) who is/are authorized to bind the Proposer contractually. This cover letter must indicate the signer is so authorized and must indicate the title or position which the signer holds in the Proposer's firm. The letter shall also contain: the firm's name, address and telephone number; a statement expressing the Proposer's unequivocal commitment and ability to perform the services as described in this RFP. The Cover Letter will also include a statement addressing the availability of the Lead Contact/Contract Manager and other key professional(s) and support staff that will be assigned to the contract and other required resources to perform all services described.

The proposer must also include a statement that the information contained in the proposal is accurate to the best of the Proposer’s knowledge and belief.

2. Section 2: Background and Experience : A narrative description of the respondent’s relevant background and experience. The following information shall be included:

a. Firm

1) Firm must have at least three (3) years of directly relevant experience, including knowledge of the Dig Safe Act of 2016 and related California Government Code sections (§4216–4216.24).

b. Key Staff Personnel

1) Project Manager: Must have three (3) years of experience in managing teams and/or programs that have directly relevant experience to curriculum development, including experience with safe digging practices, as outlined by the Dig Safe Act of 2016 and related California Government Code sections (§4216–4216.24).

2) The proposed project team must include at least one (1) staff member that has a minimum of one (1) year of experience analyzing regulatory policies, applicable codes, and safe digging practices.

3. Section 3: Organizational Structure and Personnel Resources: A narrative description is required to explain how the respondent plans to organize the resources necessary to complete the expected deliverables. The content should demonstrate the respondent’s ability to provide the services set forth in this RFP. This section shall include:

a. Services and Activities: Provide a description of the nature of the respondent’s services and activities as it relates to safe digging practices, in particular in the context of the Dig Safe Act of 2016 and related California Government Code sections (§4216–4216.24).

Note when the proposer, if a business, was established, its brief history and its location.

List the location(s) of the office(s) from which the primary work on this contract would be performed. The proposer must give evidence that it has at least one California office, and will provide services through this location.

b. Project Manager (PM): Identify one (1), or more individuals, on the proposer’s team, who will manage the work on this contract and what their Full Time Equivalent (FTE) will be throughout the entire term of this Agreement. Describe the agency’s and subcontractors, if applicable, overall experience in developing, implementing, and managing program activities, such as that described in the deliverables. Include any available example(s).

c. Key Personnel: Specify the key personnel who will manage or conduct the work. Identify the role each person will serve, their title, where the individual is headquartered and the percentage of the proposer’s total effort that will be provided by the individual. “Key personnel” are defined as those people in conjunction with the PM who will exercise a major management and/or administrative role on behalf of the proposer. “Key personnel” also includes individuals who are responsible for completing or assisting with the completion of the deliverables described in Exhibit A, Scope of Work. “Key personnel” does not include clerical staff.

d. Current resumes for all personnel performing work as a result of the solicitation: Include resumes describing education, experience and expertise with pertinent information demonstrating qualifications for this RFP. If specific positions are not yet filled, please include job descriptions and qualifications for those positions desired.

e. Subcontractors: If applicable, provide the names, addresses and telephone numbers of all contemplated subcontractors; clearly describe the services each will provide; the portions and monetary percentages of the work to be done by the subcontractors; a description of how the subcontracted work will be controlled, monitored, and evaluated by the proposer; and a resume for each key staff member of the subcontractor.

f. The State considers the successful proposer to be the sole point of contact for the Agreement. However, all subcontractors must conform to all requirements of this RFP and must be approved by the State, in writing, in advance. Entering into an Agreement with the proposed vendor pursuant to this RFP does not constitute written approval of the proposed subcontractor.

g. Organization Chart: The proposer must include an organization chart, showing the hierarchy of the PM and key personnel involved. Example: The chart could show the project staff, creative media/public relations staff, researchers and other key personnel of the proposer’s organization and all other parties (subcontractors) to the proposal.

h. Conflict of Interest Documentation: All bidders shall comply with Energy Safety’s Conflict of Interest reporting requirements, as discussed in the Conflict of Interest section of this RFP. The bidder must submit with their response to this RFP, a representation that no conflicts of interest exist for the bidder or any individuals or subcontractors proposed to complete work under this RFP. (See Conflict of Interest Section.)

4. Section 4: Methodology: This section of the proposal will offer a detailed, clearly written explanation of the methods and tasks the proposer will utilize to perform the services required by this RFP. The written explanation should include the following:

a. Description of Methodology – describe in detail the methodology that the proposer intends to follow in completing the Youth Safe Digging Program as outlined in this RFP’s Scope of Work and Exhibit A. Outline the phases of planning and implementation, highlighting any practical approaches necessary.

b. Proposer fully addresses each deliverable as outlined in the Scope of Work and demonstrates activities that will be completed to fulfill each deliverable.

c. Statements describing how the Proposer demonstrates knowledge, experience and an understanding of elementary school curriculum.

d. Statements describing how the Proposer demonstrates the administrative and organizational capacity to develop, implement, and facilitate and support activities related to Youth Safe Digging Programs, and produce outcomes that will benefit Energy Safety and their staff.

e. Statements describing how the Proposer demonstrates a strong capacity for collaboration and demonstrates a commitment to this work.

5. Section 5: Work Plan: Provide as an attachment, a detailed proposed work plan for the estimated contract term of June 20, 2026, through June 19, 2028. This section of the proposal should contain a list of phases, major activities, strategies and tools to achieve the goal of creating a Youth Safe Digging Program for grades 3-6 as outlined in the Scope of Work. Energy Safety anticipates using the respondent’s submitted work plan as a template that will be incorporated into the resulting contract as Exhibit A - Attachment 2. The contractor will be required to update and/or revise the work plan as necessary and to meet the different needs as necessary to implement the methodology ultimately determined by Energy Safety.

6. Section 6: Reporting Sample: Proposer shall include in this section a sample report from a previous agreement completed by the Proposer that demonstrates the Proposer’s writing ability as it relates to curriculum creation and their overall quality of work.

7. Section 7: Mandatory Attachments: Proposer shall include in this section all attachments as specified in Section 6 of Attachment 1.

B. Proposal Submittal Requirements

1. The proposal submission is a mandatory step for all Proposers. Proposers are strongly encouraged to carefully read the entire solicitation prior to submitting a proposal. The need to verify all documentation and responses prior to the submittal of the proposal cannot be overemphasized.

2. Introduction letters, expensive bindings, colored displays, promotional materials, etc., are not required and are not reimbursable. Emphasis should be on conformance to the RFP instructions, responsiveness to the RFP requirements and completeness and clarity of content. Developing the proposal submission is entirely the responsibility of the Proposer and will not be chargeable to the State.

3. The proposal submission must be complete in all respects as described in this RFP. A proposal submission may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. A proposal submission will be rejected if any such defect or irregularity constitutes a material deviation from the RFP requirements.

4. A completed proposal package must consist of all items identified in the Attachment 1, Proposal Submittal Attachment Checklist, including Attachment 1. Documents must be submitted in the order listed in Attachment 1, Proposal Submittal Attachment Checklist. A proposal submittal not including all required attachments may be deemed non-responsive.

A non-responsive proposal is one that does not meet the basic proposal requirements, which is cause for rejection.

5. An individual who is authorized to bind the proposing firm contractually must sign Attachment 2, Proposal/Proposer Certification Sheet. The signature must indicate the title or position that the individual holds in the firm. An unsigned proposal may be rejected. The “Proposal/Proposer Certification Sheet” must be submitted with proposal submittal/package.

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

7. Proposals and related documents must be completed in ink, typewritten or electronically prepared. No erasures or “white out” are permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent to the error. The person signing Attachment 2, Proposal/Proposer Certification Sheet, must initial corrections.

8. The Proposer must submit one original copy of all required documents with wet or digital signatures.

9. The proposal submittal implies no obligation on the part of Energy Safety to purchase or contract for services.

C. Rejection of Proposal Submissions

1. A proposal submission not received by the date and time specified in Section III.A.

Key Action Dates, may be rejected.

2. The proposal submission must not contain false or misleading statements or provide references which do not support an attribute or condition claimed by the Proposer. If, in the opinion of Energy Safety, such information was intended to mislead Energy Safety in its evaluation of the proposal, and the attribute, condition, or capability is a requirement of this RFP, it will be the basis for rejection of the proposal submittal.

3. Deviations in the proposal submission, whether or not intentional, may cause the proposal submittal to be non-responsive and not considered for award.

4. Any material submitted by any Proposer in the final proposal submission that is marked “CONFIDENTIAL” or “PROPRIETARY” will be returned to the Proposer and cause the entire proposal submission to be deemed non-responsive and rejected.

5. The State does not accept alternate contract language from a prospective contractor. A proposal submission with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

6. Energy Safety is not required to award a contract. Energy Safety reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received and to accept all or any portion of a proposal, if deemed in the best interest of the State and not contrary to law. Energy Safety’s waiver of any immaterial deviation or defect will in no way modify the RFP documents or excuse the contractor from full compliance with the RFP specification, if awarded the contract.

D. Errors in the Proposal Submission

1. The Proposer is cautioned to not rely on Engy Safety during the evaluation to discover and report to the Proposer any defects and errors in the submitted documents. The Proposer, before providing a proposal submission, should carefully proof their documents for errors and adherence to the RFP requirements.

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

3. The Proposer may withdraw a proposal by submitting a written withdrawal request to Energy Safety, signed by the Proposer or an authorized agent. A Proposer may thereafter submit a new proposal prior to the final proposal submittal deadline. Proposals may not be withdrawn without cause subsequent to final proposal submittal deadline.

4. Energy Safety may modify the RFP prior to the key action date for submission of proposals by posting an Addendum on the CSCR website, located at the following address:

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

E. Disposition of Proposals

1. Upon proposal submission, all documents submitted in response to this RFP will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Gov Code § 6250 et seq.) and subject to review by the public.

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

2. The proposal submissions may be returned to the Proposer only at the Proposer's expense, unless such expense is waived by the State and only after the final proposal tabulation has been released.

3. Upon cancellation of the solicitation, the Energy Safety Contract Specialist will offer to return the proposal at Proposer’s expense. A Proposer may request that Energy Safety destroy the proposal, rather than pay for its return.

V. Proposal Evaluation F. Evaluation and Selection Process

1. Only proposals received prior to the Deadline for Final Proposal Submission identified in Section IV.A Key Action Dates will be opened and evaluated.

2. Energy Safety will appoint a State employee to review each proposal for completeness and compliance with any minimum qualifications as identified in Section II. Proposer Minimum Qualifications.

a. The review may also include, but not be limited to:

1) Validation of References;

2) Cost Sheet calculations have been verified;

3) SB Preferences have been evaluated, confirmed and calculated;

4) DVBE Participation Requirement and Incentives have been evaluated, confirmed and calculated;

5) Darfur certification has been evaluated;

6) Largest tax delinquents eligibility confirmed;

7) Corporate standing has been verified with State of California, Secretary of State;

8) Commercially Useful Function (CUF) analysis

b. During review, if any of the required documents are missing, the evaluation committee may reject the proposal submittal as non-responsive. If any of the required documents are incomplete, the evaluation committee may reject the proposal submittal as non-responsive. If any of the required documents have been modified or contain alterations, the evaluation committee may reject the proposal submittal as non-responsive.

c. The documents provided by the Proposer in their proposal submittal enable Energy Safety to evaluate for responsiveness. Energy Safety reserves the right to ask clarifying questions during evaluation, such as for CUF; however, the answers cannot change or alter the proposal submittal. Should a discrepancy exist between the answer provided and the proposal submittal, the proposal submittal will be considered correct.

3. If, in the further review of RFP Attachment 8, Cost Sheet, a mathematical discrepancy is found, the line amounts for each lot listed in Column C will be considered correct and the discrepancy will be adjusted accordingly.

4. If a field within the Cost sheet is left blank, it will be construed as a bid of $0.00.

5. If a field within the Cost Sheet is marked with anything other than a number (i.e. N/A) the bid may be deemed nonresponsive.

6. Energy Safety will determine the validity of references and signatory authority of winning proposal prior to awarding contract or posting Notice of Intent to Award. Energy Safety’s determination of a proposal being responsive and responsible will be final.

7. Energy Safety will appoint an Evaluation Committee of 2-3 State employees to evaluate and score each proposal in accordance with the Scoring Scale and Evaluation Criteria in Sections VI.D and VI.E.

a. The scores of all Evaluation Committee members will be averaged to arrive at a final score for each proposal.

8. Cost Evaluation

a. The Cost Proposal shall be worth 30% of the total score. Cost points will be awarded based on how close each proposer’s cost proposal is to the lowest cost proposal. The following formula will be used for the award of cost points:

% of Points Awarded= [Lowest Proposer’s Cost] / [This Proposer’s Cost] For example:

Cost Proposal A = $100,000; Cost Proposal B = $125,000 $100,000 / $125,000 = 80% 80% of 30 points possible = 24 points for Cost Proposal B Cost Proposal A receives 100% of the 30 points possible

b. Final proposal scores will be calculated by combining the Technical Proposal Score (maximum 70 points) and Cost Proposal Score (maximum 30 points). Once scores are final, proposals will have applicable preferences and incentives applied as detailed in Section VI.F Preference and Incentive Programs.

c. Sample Final Proposal Tabulation:

Proposer A B C Responsive & Responsible?

Small Business (SB) Technical Proposal Score Cost Proposal Score Initial Ranking SB Preference Points DVBE Incentive Percentage DVBE Incentive Points Adjusted Final Score (including SB and DVBE points)

Final Ranking

9. Nothing in this section will require the awarding of the contract if no proposals are received offering a contract price that, in the opinion of Energy Safety, is a reasonable price.

G. Award

1. Contract award, if made, will be awarded to the proposal that receives the highest score after the application of preferences and incentives.

2. In the event of a tie, representatives of the State will flip a coin to determine the winning proposal. The coin flip will be witnessed and documented by two (2) or more State employees.

H. Protest

1. If a Proposer, prior to the award of agreement, files a notice of protest with DGS/OLS, specifying the grounds that the Protestant was the highest scored proposer, then the agreement will not be awarded until either the protest has been withdrawn or DGS/OLS has decided the matter.

Within five (5) days after filing the notice of protest, the Protestant will file with DGS a full and complete detailed written statement specifying the grounds for the protest. The notice of protest and the full and complete detailed written statement must be sent to:

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

. Any protest must be received within five (5) days from the date of Notice of Intent to Award.

I. Scoring Scale – Percent of Possible Points The following scale will be used in awarding points for each of the evaluation criteria.

% OF

POSSIBLE

POINTS

INTERPRETATION EXPLANATION FOR PERCENTAGE POINTS

0% Not Responsive Proposal does not address the requirement or fails to provide sufficient information.

10-30% Minimally Responsive

Response minimally addresses requirements with major gaps or deficiencies.

40-60% Inadequate Response addresses requirements but contains notable weaknesses or limited detail.

70% Adequate Response meets minimum requirements and demonstrates reasonable understanding.

80% Good Response clearly addresses requirements with a solid approach and minimal weaknesses.

90% Excellent Response demonstrates strong capability and provides enhanced approaches or features.

100% Exceptional Response exceeds requirements with mailto:OLSProtests@dgs.ca.gov

J. Technical Evaluation Criteria

A B C D

Evaluation Criteria % of

POINTS

AWARDED

POSSIBLE

SCORE

(BxC)

1. Technical Approach & Methodology Points will be awarded for this criterion based on the extent to which the proposer demonstrates a clear methodology to design and deliver the Youth Safe Digging Education Program and demonstrates:

a. The technique, approach, and methods for accomplishing the Scope of Work shall meet or exceed the state’s needs.

b. The proposer’s ability to address factors critical for success, in addition to risks, barriers, and limitations.

c. The proposed work is technically feasible and achievable within the proposed Schedule.

d. The proposer has provided sufficient details to demonstrate an understanding of Dig Safe Act requirements, approach to curriculum development, feasibility of the approach, and ability to meet required deliverables including lesson plans, activities, and program materials. The proposer has provided examples of experience creating educational curriculum, interactive activities, and evaluation methodology.

2. Curriculum Design & Educational Effectiveness

a. Quality and appropriateness of the proposed curriculum for grades 3–6.

b. Evaluation considers alignment with:

1) California Department of Education standards

2) Effectiveness of interactive learning activities

3) Cultural inclusiveness

4) Age-appropriateness

5) Ability to communicate excavation safety concepts clearly.

A B C D

Evaluation Criteria % of

3. Project Management & Work Plan Strength and clarity of the proposed project plan including milestones, deliverable schedule, communication methods, and coordination with Energy Safety and the California Department of Education.

4. Team Qualifications, Capabilities, and Resources Evaluations of ongoing or previous projects including project performance by proposer and team members will be used in scoring for this criterion. Points will be awarded for this criterion based on the degree to which the proposal describes and demonstrates:

a. The proposed team has appropriate qualifications, experience, and capability to complete the scope of work. Including experience in curriculum development, safety education programs, and knowledge of excavation safety laws and practices.

b. The proposed team structure and how various tasks will be managed and coordinated is appropriate and consistent with the qualifications of the team.

c. The facilities, infrastructure, and resources available that directly support the project are sufficient to accomplish the scope of work.

d. The team’s history of successfully completing projects in the past 10 years.

e. The team’s demonstrated experience in creating program goals, measuring progress, reaching outcomes, and publishing results.

3. Program Evaluation and Reporting Points will be awarded based on how effectively the proposal describes the quality of its evaluation approach for measuring student engagement and overall program effectiveness, including the use of appropriate tools, defined metrics, and clear reporting strategies.

K. Preference and Incentive Programs Preference and Incentive Programs are each identified below. When the Proposer satisfies the requirements and requests proposal preferences and incentives, the Proposer must clearly identify in their proposal submittal for which of the programs it qualifies. Denial of those preference or incentive requests is not a basis for rejection of the proposal.

1. Small Business Preference:

California Government Code (GC) section 14835, et seq., requires a preference be given to Proposers who are California Certified Small Business (SB) or Microbusiness (MB). The rules and regulations of this law, including the definition of a SB for the delivery of goods and services, are contained in California Code of Regulations, title 2, section 1896 et seq.

A preference is available to a certified SB. A Proposer claiming this preference must be certified by the Office of Small Business and Disabled Veteran Enterprise Services (OSDS) as a SB. Questions regarding certification should be directed to the OSDS at (916) 375- 4940.

To be considered as a certified SB, the Proposer must have a complete application package on file with the OSDS by 5:00 p.m. on the Deadline for Final Proposal Submittal date. Questions regarding the certification approval process should be directed to the OSDS. A copy of the regulations, instructions and format for claiming the Small Business Preference is available at: 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 To claim the Small Business Preference please see Attachment 3, Bidder Declaration

(GSPD-05-105).

NOTE: Pursuant to GC 14837, only a SB who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this RFP may qualify the Proposer for a SB preference. A business that is performing a commercially useful function is one that does ALL of the following:

• Is responsible for execution of a distinct element of the work of the contract;

A B C D

Evaluation Criteria % of

4. Total Proposal Costs:

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

% of Points Awarded= [Lowest Proposer’s Cost]/[This Proposer’s Cost]

TOTAL SCORE 100

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

• Carries out its obligation by actually performing, managing, or supervising the work involved;

• Performs work that is normal for its business, services and function;

• Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices; and

• Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

2. Non-Small Business Subcontractor Preference:

A preference is available to a non-small business (NS) claiming 25% California-certified small business subcontractor participation. A Proposer claiming this preference must list one or more SB subcontractor(s), whom the Proposer commits to subcontract in an amount of at least twenty-five percent (25%) of the work performed under this contract.

To claim the Non-Small Business Subcontractor Preference please see Attachment 3, Bidder Declaration (GSPD-05-105).

NOTE: Pursuant to GC 14837, only a SB who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this RFP may be used to qualify the Proposer for the Non-Small Business Subcontractor Preference. A business that is performing a commercially useful function is one that does ALL of the following:

• Is responsible for execution of a distinct element of the work of the contract;

• Carries out its obligation by actually performing, managing, or supervising the work involved;

• Performs work that is normal for its business, services and function;

• Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices; and

• Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

3. Disabled Veteran Business Enterprise Incentive:

There is no DVBE participation minimum requirement for this contract. Pursuant to Military and Veterans Code Section 999.5, subdivision (a), an incentive will be given to Proposers who provide additional DVBE participation on the contract.

The DVBE Incentive is as follows:

Confirmed DVBE Participation Incentive % Incentive Points

7% to 7.99% 5% 5 6% to 6.99% 4% 4 5% to 5.99% 3% 3 4% to 4.99% 2% 2

3.01% to 3.99% 1% 1 0% to 3% No Incentive 0

A Proposer is eligible to receive this additional DVBE incentive if they are a certified DVBE or if a non DVBE Proposer commits to use a certified DVBE(s) as subcontractor(s).

a. Certified DVBE Proposer additional incentive considerations:

1) Document DVBE participation on Attachment 3, Bidder Declaration (GSPD-05-105).

2) At the State’s option a DVBE Proposer working in combination with other DVBE(s) will submit proof of its commitment by submitting a written confirmation from the DVBE(s) identified as a subcontractor on Attachment 3, Bidder Declaration (GSPD-05-105).

When requested, the written confirmation must be submitted to the address or facsimile number specified and within the timeframe identified in the notification.

Failure to submit the written confirmation as specified may be grounds for proposal rejection.

b. Non-DVBE Proposer additional incentive considerations:

1) Document DVBE participation on Attachment 3, Bidder Declaration (GSPD-05-105).

2) At the State’s option prior to contract award, a Proposer is to submit proof of its commitment by submitting a written confirmation from each DVBE identified as a subcontractor on Attachment 3, Bidder Declaration (GSPD-05-105). The RFP Acquisitions Analyst named in the solicitation may contact each listed DVBE, by mail, email, fax or telephone, for verification of the Proposer’s submitted DVBE information.

When requested, the document(s) must be submitted to the address or facsimile number specified and within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for proposal rejection.

c. Locating DVBE Subcontractors

1) State Resources: Access the list of all certified DVBEs by using the Department of

General Services, Procurement Division (DGS-PD), online certified firm database at:

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

2) To begin your search, click on “Small Business and Disabled Veteran Business Enterprise Services,” then click “SB/DVBE Search.” Search by “Keywords” or “United Nations Standard Products and Services Codes (UNSPSC) that apply to the elements of work you want to subcontract to a DVBE. Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at: www.caleprocure.ca.gov. For questions regarding the online certified firm database and the CSCR, please call the OSDS at (916) 375-4940 or send an email to: OSDSHelp@dgs.ca.gov

3) Local Resources: For a list of local DVBE organizations:

https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/CUF/Referral- Organizations.pdf?la=en&hash=83C2593E5D854FB850909D64CEE110C00BE264

BE

NOTE: Pursuant to Military and Veterans Code section 995.5, only a DVBE who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this RFP may qualify the Proposer or be used to qualify the Proposer for a DVBE participation and/or DVBE incentive. A business that is performing a commercially useful function is one that does ALL of the following:

1) Is responsible for execution of a distinct element of the work of the contract;

2) Carries out its obligation by actually performing, managing, or supervising the work involved;

3) Performs work that is normal for its business, services and function;

4) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices; and

5) Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

4. Applying Preferences and Incentives Preferences and incentives are used for proposal tabulation purposes to determine the highest scored proposal. Strict adherence to the laws and regulations to apply the preferences and incentives will be followed. If awarded the contract, the preference and/or incentive does not alter the amount of the resulting contract. Please be aware that contracts awarded with applied preferences or incentives will be monitored throughout the life of the contract for compliance to statutory, regulatory and contractual requirements.

The SB preference of 5% will be applied when the highest scored proposal is from a non-certified SB or MB. The 5% will be calculated on the highest responsible proposer’s total score. That amount is then added to the score for each certified SB or MB for a new total score.

NS will receive a 5% preference (calculated on the highest responsible proposer’s total score) if the lowest responsive proposal is neither a SB nor NS. (Note: NS claiming SB subcontractor preference cannot displace an award to a certified SB).

http://www.caleprocure.ca.gov/ mailto:OSDSHelp@dgs.ca.gov https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/CUF/Referral-Organizations.pdf?la=en&hash=83C2593E5D854FB850909D64CEE110C00BE264BE https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/CUF/Referral-Organizations.pdf?la=en&hash=83C2593E5D854FB850909D64CEE110C00BE264BE https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/CUF/Referral-Organizations.pdf?la=en&hash=83C2593E5D854FB850909D64CEE110C00BE264BE

The DVBE incentive points are based on the total possible available points, not including points for socioeconomic incentives or preferences. For evaluation purposes, the incentive points will be added to the total score. If a SB is ranked number 1 after SB preference has been applied, the DVBE incentive is only calculated for proposers certified as SBs. The incentive points cannot be used to achieve any applicable minimum point requirements and shall not displace an award to a certified SB with a non-SB.

Sample proposal tabulation:

Proposer A B C Responsive & Responsible? Yes Yes Yes Small Business (SB) SB NS No Technical Proposal Score 65 67 63 Cost Proposal Score 25 30 24 Total Evaluated Score 90 97 87 Initial Ranking 2 1 3

SB/NS Preference Points 4.85 0* 0 DVBE Incentive Points 2 3 1 Adjusted Final Score (including SB and DVBE points)

96.85 100 91

Final Ranking 2 1 3

*Note that a NS cannot displace an award to an SB and so preference points are not applied.

5. Rules Relating to Current and Former State Employees

A. Bidders are on notice of the following provisions regarding current or former state employees and disclose any disqualifying situations from the following provisions:

1) Current State Employees (Public Contract Code section 10410): Any officer or employee in the state civil service or other appointed state official is prohibited from engaging in any employment, activity, or enterprise from which the officer or employee receives compensation or in which the officer or employee has a financial interest, and it is sponsored or funded by any state agency or department through or by a state contract. In addition, any officer or employee in the state civil service is prohibited from contracting on his or her own individual behalf as an independent contractor with any state agency to provide services or goods.

2) Former State Employees (Public Contract Code section 10411): Any retired, dismissed, separated, or formerly employed person of any state agency or department employed under the state civil service or otherwise appointed to serve in state government is prohibited for two years from entering into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision making process relevant to the contract while employed in any capacity by any state agency or department.

In addition, for a period of 12 months following the date of their retirement, dismissal, or separation from state service, no person employed under state civil service or otherwise appointed to serve in state government may enter into a contract with any state agency, if he or she was employed by that state agency in a policymaking position in the same general subject area as the proposed contract.

B. If the Bidder violates any provisions of paragraphs a. or b. above, such action by Bidder shall render this Agreement void. (Public Contract Code section 10420.)

6. CONFLICTS OF INTEREST

A. Contractor must disclose to the Energy Safety Agreement Manager activities by the

Contractor, Contractor’s employees, and independent contractors who are involved in the provision of consultation or other services to:

1. Investor-owned utilities: Bear Valley Electric Service; Liberty Utilities; PacifiCorp; Pacific

Gas and Electric Company; San Diego Gas & Electric Company; and Southern California Edison.

2. Entities that design, develop, construct, maintain, sell or acquire facilities and or equipment that generate, transmit, or distribute natural gas, electricity, and energy; or

3. Entities that design, develop, construct, maintain, sell or acquire facilities that generate, transmit, or distribute water and telecommunications.

B. The Contractor must disclose agreement during the last three years with any investor-owned utilities or the entities listed in section (A) or any parent, subsidiary, or affiliate thereof and any current contract, subcontract, active proposals, business relationship with, or any financial interest in any investor-owned utilities or the other entities listed in section (A). The Contractor’s failure to disclose to Energy Safety could be grounds for immediate termination of this Agreement. At any point, Energy Safety may request information from Contractor regarding the nature of the agreement or business relationship between Contractor and any investor-owned utility or other entity listed in section (A), as well as any actions taken by Contractor to mitigate potential conflicts of interest. Energy Safety may, at any point, terminate this Agreement if it determines that any agreement or business relationship between Contractor and any investor-owned utility or other entity listed in section (A) constitutes a conflict of interest that cannot be reconciled with the provision of services under this Agreement.

C. If a potential conflict of interest arises after the execution of this Agreement, the Contractor agrees to notify the Energy Safety Agreement Manager within 10 calendar days of becoming aware of any potential conflict of interest. Energy Safety may request additional information from the Contractor about the potential conflict of interest. The Contractor must timely provide all requested information. Energy Safety may exercise its option to terminate this Agreement if it determines that any potential conflicts of interest cannot be reconciled with the performance of services under this Agreement.

D. The Contractor must refrain, during the Agreement term, from entering into any consulting or other business relationship with any investor-owned utility or other entity listed in section (A), without first notifying Energy Safety of the planned contract or business relationship. Energy

Safety may immediately terminate this Agreement if Contractor fails to disclose the information required by this section, or if it determines that the planned consulting or other business relationship between Contractor and an investor-owned utility or an entity listed in section (A) cannot be reconciled with the performance of services under this Agreement.

E. Designee of Contractor must file a Statement of Economic Interests- Form 700 within 30 days after Agreement award. The Form 700 is available at: www.fppc.ca.gov. The following must be disclosed on Form 700:

1. 10 percent ownership or more of any entity performing work under this Agreement and the entity now or within the past 12 months has been under contract with or received income from any of the investor-owned utility or entities listed in section (A), or its parent, subsidiaries, or affiliates;

2. Receipt of $500 or more of income within the past 12 months from an investor-owned utility or other entity listed in section (A); or Investment in any investor-owned utility or other entity listed in section (A) worth $2000 or more.

7. Disclosures A. A number of conditions may render a team (or member of a team) unable to give impartial, technically sound, objective assistance and advice, otherwise result in a biased work product, or result in an unfair competitive advantage.

B. Firms shall disclose, in their response to this RFP:

1) Prior contracts during the last three years with the Covered Entities or any parent, subsidiary, or affiliate thereof. Provide the total amount of payments, duration, and nature of service.

2) Any current contract, subcontract, active proposals, business relationship with, or any financial interest in any of the Covered Entities. (List the entity’s name, the nature, the scope, and duration of the relationship or interest and its total monetary value.)

3) Any work performed within the last three years for entities planning, developing, constructing, or operating the delivery of ancillary services to California consumers (including marketing, brokering, and financial instruments). (Provide the entity name, total amount of payments, duration, and nature of services provided.)

C. Individuals, including employees, independent contractors, and all others who exercise judgment in making recommendations to Energy Safety on this project, shall file a Form 700, Statement of Economic Interests with Energy Safety within 30 days of the execution of the Agreement resulting from this RFP. Pursuant to the Form 700, individuals shall disclose:

1) If they own 10% or more of any firm performing work under this RFP or resulting Agreement and the firm now or within the past 12 months has been under contract with or received income from any of the…