Revision 1/12/2026

May 29, 2026

REQUEST FOR PROPOSAL (RFP)

Secondary Method

RFP No.: 26-0007-A Title: Cannabis Appellations Program (CAP) Education and Outreach Type of Contract: Consulting

NOTICE TO PROSPECTIVE PROPOSERS:

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

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

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

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

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

Table of Contents Key Action Dates Questions and Answers Term of Contract

Option to Renew Purpose and Description of Services

Problem Statement Background Goals and Objectives Responsibilities of the Contractor Tasks and Deliverables Minimum Qualifications for Proposers Budget

Printing Proposal Requirements Proposal Submittal Requirements Generative Artificial Intelligence (GenAI) Disclosure Notification Clause Submission of Proposal Evaluation and Selection Award and Protest Disposition of Bids Agreement Execution and Performance Preference and Incentive Programs

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) - PROGRAM

REQUIREMENTS - FOR NON-IT SERVICES

EVALUATION SCORING AND CRITERIA

REQUIRED DOCUMENTS

SAMPLE CONTRACT

EXHIBIT A

EXHIBIT B

EXHIBIT D

EXHIBIT E

CONTRACT AND SUBCONTRACT COMPLIANCE REQUIREMENTS

UNFAIR PRACTICES ACT

EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

CONFLICT OF INTEREST

LICENSE AND PERMIT REQUIREMENTS

INSURANCE REQUIREMENTS

General Provisions Applying to All Policies Contractor Insurance Requirements

LIABILITY AND DAMAGES

QUALIFICATIONS

MULTIPLE CONTRACTORS

SUBCONTRACTORS

POTENTIAL SUBCONTRACTORS

SUBSTITUTION OF SUBCONTRACTORS

DVBE SUBCONTRACTOR REPORTING

RIGHT TO BAR

STAFF EXPENSES

BUDGET FLEXIBILITY

PRINTING

REPORTS

CONFIDENTIALITY AND PUBLIC RECORDS

PUBLICITY AND ACKNOWLEDGEMENT

PATENT RIGHTS

COPYRIGHTS AND TRADEMARKS

OWNERSHIP OF DRAWINGS, PLANS AND SPECIFICATIONS

TARGET AREA CONTRACT PREFERENCE ACT

FORCED, CONVICT, AND INDENTURED LABOR

WORK ORDERS

FORCE MAJEURE

AMERICAN DISABILITIES ACT

NATIONAL LABOR RELATIONS CERTIFICATION

AGREEMENT EXECUTION

Key Action Dates

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

RFP available to prospective bidders ................................................May 29, 2026 Written questions must be received by 4:00 PM PT ...........................June 5, 2026 Questions and Answers will be posted by 5:00 PM PT ....................June 12, 2026 Emailed proposals must be complete and received no later than 2:00 PM PT ....................................................... June 29, 2026 Estimated date of team evaluations ................ July 6, 2026 through July 10, 2026

Partial submission of proposal is unacceptable.

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

Questions and Answers

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

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

Term of Contract

The term of this contract is August 1, 2026 or upon final/Department of General Services/Office of Legal Services (DGS/OLS) approval, whichever is later, through July 31, 2028.

Option to Renew The CDFA reserves the right to renew this agreement for an additional one year, if needed, with the successful bidder at the end of the agreement term, provided funding to do so is appropriated for this purpose in subsequent budgets. Proposed renewals are assessed annually for approval by the California Department of General Services and CDFA according to program direction, funding, consistency of price and scope of work continuity.

Purpose and Description of Services

Problem Statement The California Department of Food and Agriculture (CDFA) Cannabis Appellations Program (CAP), housed in the Office of Agricultural Resilience and Sustainability (OARS), requires services of a contractor to create a CAP outreach and education suite, and to assist with conducting a targeted outreach and education campaign which promotes awareness, knowledge, and participation in the CAP.

Unlike many State programs for cannabis cultivators, participation in the CAP is voluntary and requires a significant up-front investment for the preparation and submission of an appellation of origin petition. Success for the program is based on the ability of an appellation of origin designation to add market value to commercial cannabis products such that cultivators choose to participate. The appellation of origin designation should convey information to a consumer which increases their knowledge or understanding of a product’s cultivation, processing, legacy, or geographic features to increase desirability of appellation of origin designated products. To promote participation and creation of appellation designations, this potential added value must outweigh the significant up-front costs of preparing an appellation of origin petition.

The outreach and education campaign should:

1. Promote awareness of the program to both cultivators and consumers,

2. Educate cultivators on the process and merits of petitioning for establishment of an appellation of origin,

3. Educate consumers on the benefits of appellation of origin labeled products,

4. Facilitate new opportunities for regional collaboration with local jurisdictions to expand the appellations of origin program.

The goal of the campaign is for cultivators, consumers, and industry to recognize the value of a cannabis appellation designation as a marker of unique geography, genetics, historical, and/or cultural qualities. As this recognition becomes universal, the added value of a cannabis appellation of origin on a product will encourage greater participation in the CAP.

Background Senate Bill 94, Chapter 27, Statutes of 2017, known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), requires the Department of Cannabis Control (DCC) to license commercial cannabis cultivation operations in California; establish a track-and-trace system to track commercial cannabis activities from seed to sale; and create reasonable rules and regulations to implement, administer, and enforce these actions.

Included in MAUCRSA is the requirement for CDFA to establish a process by which licensed cultivators may establish appellations of origin of standards, practices, and varietals applicable to cannabis grown in a certain geographical area in California no later than January 1, 2022.

An appellation of origin is a type of geographical indication which identifies and protects the geographical origin of a product and typically includes production requirements. CDFA’s CAP will help prevent the misrepresentation of a cannabis good’s origin and promote regional collaboration around cannabis production.

California Business & Professions Code section 26063 mandates that cannabis appellations be associated with standards, practices, and cultivars, in addition to the region of origin.

Existing law also prohibits cannabis from being labeled with an appellation of origin name, including any similar name that is likely to mislead consumers, unless it meets all requirements for its use as approved by CDFA.

Goals and Objectives The goals of the CAP outreach and education campaign are to (1) raise awareness of the appellations of origin program to cannabis cultivators, consumers, local government officials, and the industry, (2) provide education to stakeholders on the process of petitioning to establish an appellation of origin, (3) provide education to consumers on the benefits of appellation of origin designated products, and (4) facilitate relationship building between the department and local jurisdictions in aid of program expansion.

Responsibilities of the Contractor The contractor shall develop and implement, in conjunction with CAP, a comprehensive, modern, and creative information and outreach campaign to increase awareness and understanding of the Cannabis Appellations Program. Market research will be the responsibility of the contractor. Contractor should expect no less than two rounds of approvals for every deliverable stated below.

Tasks and Deliverables The Cannabis Appellations Program expects the Contractor to:

1) Task: Meet quarterly with CDFA staff to incorporate program goals into the design, graphics, and style guides of outreach and education resource materials.

Deliverable: Within 6 months to 1 year, develop and design artwork, graphics, and style guides to be used on all printed and electronic materials associated with the CAP’s electronic messaging, program’s webpage, social media templates and in-person marketing materials such as tradeshow set up, retail displays, and print and electronic handouts.

2) Task: Meet quarterly with CDFA staff to incorporate program goals, purpose, and requirements into materials.

Deliverable: Within 6 months to 1 year, generate speaker kits, including talking points, handouts, and visuals for use in making presentations on the benefits of establishing an appellation of origin.

3) Task: Determine and gather information on the various audiences for the program and best process to provide outreach and education to these groups including determining the languages materials should be translated to promote program reach.

Deliverable: Within 6 months to 1 year, prepare a detailed report outlining the specific audiences, their region, and the recommended media channels, languages, and events to reach these audiences to promote program awareness, understanding, and participation. This report will outline innovative ways of clearly and succinctly communicating, through all types of media and California-wide, to industry stakeholders, potential outdoor cultivators, consumers, and local government officials, in addition to any other pertinent groups or individuals, what a cannabis appellation of origin means, the process for establishing an appellation, and the benefits of this designation.

4) Task: Identify the cultivators, local governments, key stakeholders, and media outlets, which would best promote the program and facilitate connection with program staff.

Deliverable: Within 6 months to 1 year, provide a list of organizations and verified points of contacts with an interest in collaborating with the appellations program on opportunities to promote the program directly with cannabis cultivators, key appellation stakeholders, local government officials, and consumers online, in-person, in print, via podcast, or other platforms.

Additionally, schedule virtual meetings with a minimum of 10 organizations interested in collaboration.

5) Task: Identify opportunities to feature the CAP in videos, trade magazine features, retail displays, website and social media posts, and in person tradeshows. Act as liaison between CDFA staff and publishers and/or event organizers to facilitate accurate program outreach and education through these various outlets.

Deliverable: Within 6 months to 1 year, develop and execute a media outreach strategy plan that includes, but is not limited to, videos, trade magazine features, retail displays, website posts and design, social media posts, and in-person outreach at tradeshows and legal cannabis events as identified through discussion between the CAP and the contractor.

6) Task: Solicit participation from retailers from across the state. Identify which retailers would best serve the goals of program outreach. Facilitate contracting with retailers to provide retail displays and events.

Deliverable: Within 6 months to 1 year, provide a strategic plan identifying businesses for retail displays, outlining events which would promote the program, and outlining how these efforts will build consumer awareness and interest on appellations of origin for cannabis. Contractor will coordinate with retailers to execute the plan.

7) Task: Review and understand ADA requirements for online media.

Deliverable: Within 1 to 2 years, generate ADA-compliant online media.

8) Task: Identify tools and metrics which could be employed for the purpose of tracking program interest. Meet quarterly with CDFA staff to receive input on metrics and analysis.

Identify where this information is publicly available, determine process for creating a dynamic database which allows for analysis.

Deliverable: Within 1 to 3 years, prepare a report which outlines 1) the metrics necessary to assess interest in the appellation of origin program from cultivators, 2) the potential price differentials in products with an appellation of origin designation and those without, and 3) how collection of these metrics can be done on an ongoing basis. These metrics could include tracking of unique webpage visits, email inquiries, social media engagement, retail prices of cannabis products, or other relevant metrics. Develop a dynamic database which includes metrics outlined in the report and approved by CDFA.

The Contractor shall produce ADA-compliant materials and videos associated with this outreach and education plan in English and in Spanish, when appropriate. All materials, supporting data, analyses, and raw files produced through this contract agreement and related to each deliverable listed will be the sole property of CDFA.

Minimum Qualifications for Proposers The contractor must have an established record in developing and delivering outreach and education programs. The contractor or subcontractor must have an established record in web development for the purpose of data gathering and analytics. The contractor should be familiar with cannabis cultivation and the legal California commercial cannabis industry and its consumers. CDFA is open to reviewing bids from companies based both within and outside of California.

The contractor must provide samples of work, links to webpages they have developed, and provide detailed proposed timelines consistent with the timelines outlined in the deliverables section.

CDFA Responsibilities CAP will work closely with the contractor on every aspect of the outreach and education campaign, providing direction and approving deliverables.

1) Meet with the contractor quarterly in person or via Microsoft Teams.

2) Provide documents and information detailing program background, requirements, and goals.

3) Provide input and guidance as needed on project deliverables throughout the term of the contract.

4) Review and approve deliverables.

Budget The budget shall include all costs necessary for the contractor to fulfill the responsibilities described in this agreement, including but not limited to media expenses, work plan, and labor.

Total costs shall not exceed the annual limits specified below, and the cumulative cost over the three-year term shall not exceed $140,000.00. Any proposal that exceeds these limits will be deemed non-responsive.

Travel costs shall be reimbursed at State rates, which can be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx.

Budget Breakdown – Two (2) Years - $100,000

• Budget 1 (Term Dates): August 1, 2026 through July 31, 2027 (12 months): $50,000

• Budget 2 (Term Dates): August 1, 2027 through July 31, 2028 (12 months): $50,000

Budget Breakdown for Option to Renew - One (1) Year - $40,000

• Budget 3 (Term Dates): August 1, 2028 through July 31, 2029 (12 months): $40,000

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

The Employment Development Department’s (EDD) “2024 California Employer’s Guide” at https://edd.ca.gov/pdf_pub_ctr/de44.pdf and the Department of Industrial Relation’s website are two references that Contractors can access for assistance with determining the costs and methods of paying for these benefits to include in their proposal.

Travel costs shall be reimbursed at Federal rates in effect at the time of travel as established by the United States (U.S.) General Service Administration, which can be accessed at: Travel resources | GSA https://edd.ca.gov/pdf_pub_ctr/de44.pdf https://www.dir.ca.gov/ https://www.gsa.gov/travel?gsaredirect=travel-resources https://www.gsa.gov/travel?gsaredirect=travel-resources

Printing

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

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

Proposal Requirements

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

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

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

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

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

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

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

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

7. References. Prime contractor shall provide in its proposal a minimum of three (3) reference letters from firms for which services were performed by the prime contractor. Each letter must include name of firm, contact person, address, phone number, must be on the firm’s letterhead, and must include a description and assessment of services performed by the prime contractor. Services performed by the prime contractor shall be similar to the services requested in this RFP. Contractor should not provide reference letters from Department staff if those employees are anticipated to be on the Evaluation Team. CDFA employees listed as references shall be recused from the evaluation process.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=3.&title=2.&part=5.5.&chapter=7.&article=1.

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

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

A. identification of those persons or firms.

B. resumes of each major subcontract participant.

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

D. how they were selected and why.

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

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

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

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

Proposal Submittal Requirements

1. Proposals must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

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

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

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

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

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

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

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

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

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

10. The CDFA does not accept alternate contract language from a prospective contractor. A proposal with such language will be considered a counter proposal and will be rejected.

The State’s General Terms and Conditions are not negotiable.

Generative Artificial Intelligence (GenAI) Disclosure Notification Clause

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such nondisclosure.

Upon notification by a Bidder / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

Submission of Proposal

1. Proposals should provide straightforward and concise descriptions of the proposer’s ability to satisfy the requirements of this RFP. The proposal must be complete and accurate.

Omissions, inaccuracies, or misstatements may be cause for rejection of a proposal.

2. Proposals must be submitted via email to CDFA.contracts@cdfa.ca.gov. The subject line of the email must read as follows: Proposal Number, Your Organization’s Name. All Proposal documents must be in PDF format. The Technical Proposal and Cost Proposal should be one document; examples can be separate. As the identified point of contact, please obtain acceptable e-signature(s) from your company’s authorized representative.

Acceptable forms of e-signature include:

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

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

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

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

5. All proposals shall include the documents identified on the checklist entitled “Required Documents.” Proposals not including the required documents shall be deemed non-responsive.

Evaluation and Selection

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

2. Proposals that contain false or misleading statements, or provide references, which do not support an attribute or condition claimed by the proposer, may be rejected.

3. The proposals that meet the minimum qualifications will be evaluated and scored according to the criteria in the Evaluation Scoring Criteria included in this RFP. A minimum of 100 points out of 140 points possible in categories 1 through 3 of this phase must be achieved to be considered responsive.

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

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

Award and Protest

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

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

3. Within five (5) days after filing the initial protest, the protesting proposer shall file with the DGS and the CDFA a detailed written statement specifying the grounds for the protest.

The written protest must be sent to:

Department of General Services Office of Legal Services Attention Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605 Or via email to: OLSProtests@dgs.ca.gov http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC&sectionNum=10344.

mailto:OLSProtests@dgs.ca.gov

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

Disposition of Bids

Upon proposal evaluation, all documents submitted in response to the RFP will become the property of the State of California and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and Public Contract Code §10344(c)(2) and subject to review by the public.

Agreement Execution and Performance

1. Performance shall start no later than thirty (30) days, or on the expressed date set by the CDFA and the Contractor, after all approvals have been obtained and the Agreement is fully executed. Should the Contractor, after all approvals have been obtained and the Agreement is fully executed, fail to commence work at the agreed upon time, the CDFA, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor’s proposal price and the actual cost of performing work by another contractor.

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

Preference and Incentive Programs

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

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

1. Certified Small Businesses and Microbusinesses Certification Benefits

California Government Code Sections 14835 et seq. requires that a five percent preference be given to bidders who qualify as a small business. The rules and regulations of this law, including the definition of a small business, are contained in Title 2, California Code of Regulations, Sections 1896 et seq. Additional information is available from the DGS, Office of Small Business Certification and Resources (OSBCR) at (916) 375-4940 or https://www.caleprocure.ca.gov/pages/index.aspx .

All bidders claiming the Small Business preference must submit proof of small business status with their bid submittal. In addition, bidder shall identify any subcontractors that are certified small business and include a copy of their OSBCR certification approval letter(s) with your submittal of the bid.

A qualified bidder who claims the small business preference will be granted a preference consisting of five percent of the highest scored responsive bid only if the highest bid is submitted by a business that is not a certified small business. The five percent preference mailto:CDFA.contracts@cdfa.ca.gov http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=7.&title=1.&part=&chapter=3.5.&article=1.

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

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

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=3.&title=2.&part=5.5.&chapter=6.5.&article=1.

https://www.caleprocure.ca.gov/pages/index.aspx is used only for computation purposes to a maximum of $50,000 to determine the lowest responsive bidder and does not alter the amounts of the resulting Agreement. An Agreement awarded by reason of the five percent preference is awarded for the amount of the small business firm’s actual cost proposal.

2. Target Area Contract Preference Act (TACPA)

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

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

California-based companies seeking TACPA preferences will need to complete and submit preference request forms with the bid/offer. The following webpage contains required preference request forms and an interactive map to determine if a business is located with a TACPA qualified zone: Request a Target Area Contract Preference.

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

3. Recycled Content Certification

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

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

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

4. DVBE Participation

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

(a) DVBE Participation is Required

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

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

If box (a) is checked:

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

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

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

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

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

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

Confirmed DVBE Participation of: DVBE Incentive:

5% or Over 5%

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

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) - PROGRAM

REQUIREMENTS - FOR NON-IT SERVICES

(Revision Date 1-2022)

Please read the requirements and instructions carefully.

AUTHORITY

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

DVBE PARTICIPATION

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

DVBE INCENTIVE

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

INTRODUCTION

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

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

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

COMMERCIALLY USEFUL FUNCTION DEFINITION

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

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

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

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

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

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

https://govt.westlaw.com/calregs/Document/IB1A886F6DA154474B2C9CD56FFA8EFD0?contextData=%28sc.Default%29&transitionType=Default https://govt.westlaw.com/calregs/Document/IB1A886F6DA154474B2C9CD56FFA8EFD0?contextData=%28sc.Default%29&transitionType=Default https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PCC&division=2.&title=&part=2.&chapter=1.&article=1.5.

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

https://govt.westlaw.com/calregs/Document/IDACC46FA217C47C2BF12EC105E57C901?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) https://govt.westlaw.com/calregs/Document/IDACC46FA217C47C2BF12EC105E57C901?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) https://govt.westlaw.com/calregs/Document/IDACC46FA217C47C2BF12EC105E57C901?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) https://govt.westlaw.com/calregs/Document/I059934432E0344899B811A7EEE0E18A6?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=4.&title=&part=&chapter=6.&article=6.

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

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

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

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

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

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

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

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

DVBE SUBSTITUTION

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

DVBE SUBCONTRACTOR REPORTING

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

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

PLEASE READ ALL INSTRUCTIONS CAREFULLY

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

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

PARTICIPATION COMMITMENT

Bidders must commit to meet or exceed the DVBE participation requirement in this solicitation by either Method A1 (bidder is a California certified DVBE) or A2 (bidder is not a California certified DVBE). Bidders must document DVBE participation commitment by completing and submitting all forms and documentation necessary to support meeting CUF.

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

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

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

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

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

Method A1. Certified DVBE bidder:

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

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

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

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

Method A2. Non-DVBE bidder:

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

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

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

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

RESOURCES AND INFORMATION TO LOCATE DVBE SUPPLIERS

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

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

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

BUSINESS AND DVBE SERVICES (OSDS)

The department’s Small Business (SB/DVBE) Advocate can also provide…