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

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

ADMINISTRATION AND MANAGEMENT DIVISION

Business and Contract Services Branch Contract Services Section 651 Bannon Street, Suite 400 Sacramento, CA 95811 www.hcd.ca.gov

INVITATION FOR BID (IFB)

Notice to Prospective Bidders

26-20-002—Title and Escrow Services

August 5, 2026

The Department of Housing and Community Development (HCD) invites you to review and respond to this Invitation for Bid (IFB) for Title and Escrow Services.

In submitting your Bid, Bidders agree that they have read, understood, and shall comply with the instructions found herein. Failure to comply with any of the requirements may result in rejection of your Bid. By submitting a response, Bidders agree to the terms and conditions stated in this IFB and that their Bid covers all labor, materials, tools, and equipment necessary to provide services in accordance with the specifications and provisions received for this IFB and any resulting Agreement. Bidders are responsible for their own costs of responding to this IFB.

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

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 4/2017) 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 Contract Analyst listed below.

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

Abigail Moniz HCD Contract Analyst

Email: Abigail.Moniz@hcd.ca.gov and ServiceContracts@hcd.ca.gov Phone: (279) 235-5841 and (916) 776-7747 http://www.hcd.ca.gov/ https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx https://caleprocure.ca.gov/pages/bidder-vendor.aspx 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:Abigail.Moniz@hcd.ca.gov mailto:ServiceContracts@hcd.ca.gov

Department of Housing and Community Development Invitation for Bid No. 26-20-002

Title and Escrow Services

Table of Contents

Schedule of Events:

1. QUESTIONS AND CLARIFICATIONS REGARDING THE IFB:

2. ADMINISTRATIVE INFORMATION

3. PURPOSE, TERM, AND SCOPE OF WORK

4. BIDDER’S MANDATORY QUALIFICATIONS AND REQUIREMENTS

5. BID CONTENT

6. BIDDER’S COST SHEET

7. PREFERENCE AND INCENTIVE PROGRAMS

8. IFB SUBMISSION GUIDELINES

9. BID OPENING

10. INITIAL BID EVALUATION (RESPONSIVENESS DETERMINATION)

11. FINAL EVALUATION (COMPARISON AND RANKING OF BID PRICES)

12. AWARD AND PROTEST

13. TAX DELINQUENCY DISCLAIMER

14. OTHER CRITERIA

15. AGREEMENT EXECUTION AND PERFORMANCE

16. REQUIRED ATTACHMENTS

Attachment 1: Required Attachment Checklist Attachment 2: Table of Contents Attachment 3: Signed Cover Letter Attachment 4: Bid/Bidder Certification Sheet Attachment 5: Mandatory Qualifications Certification Attachment 6: Bidder’s Cost Sheet Attachment 7-15 Attachment 16: Confidentiality Statement

17. PROPOSED CONTRACT WITH SAMPLE EXHIBITS & ATTACHMENTS

Proposed Contract - Exhibit A: Scope of Work Proposed Contract - Exhibit A, Attachment 1 Proposed Contract - Exhibit A, Attachment 2 Proposed Contract - Exhibit A, Attachment 3 Proposed Contract - Exhibit B: Budget Detail and Payment Provisions Proposed Contract - Exhibit C: General Terms and Conditions Proposed Contract - Exhibit D: HCD Additional Terms and Conditions Proposed Contract - Exhibit E: Administrative Changes

Schedule of Events:

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

Event: Date: Time (PT):

IFB Available to Prospective Bidders 08/05/26 N/A

Deadline to Submit Written Questions 08/11/26 5:00 PM Deadline to Post Responses to Written Questions 08/18/26 4:00 PM Final Date for Bid Submission to rfp.ifb@hcd.ca.gov1 09/25/26 2:00 PM Public Bid Opening (Virtual)2 09/25/26 3:00 PM Anticipated Agreement Start Date 12/01/26 N/A Proposed Agreement Term One (1) Year + Two (2)

Optional 12-Month Extensions

1 Bidders must submit Bids identifying the applicable IFB number by the dates specified in the Schedule of Events and as described below in Section 8 of this IFB, IFB Submission Guidelines. Bids must ONLY be submitted to rfp.ifb@hcd.ca.gov, NOT the email addresses listed on page one (1) of this solicitation. It is the responsibility of the Bidder to ensure their submission is received by HCD before the deadline. If the Bidder does not receive an email receipt confirmation to their IFB submission within three (3) business hours, the Bidder must call the phone numbers listed on page one (1) of this solicitation.

2 The IFB Public Bid Opening will be held virtually as specified in the Schedule of Events. To join the IFB Public Bid Opening, please join via Microsoft Teams:

Join the meeting now Meeting ID: 299 067 072 227 504 Passcode: EY6Dw3a8

1. QUESTIONS AND CLARIFICATIONS REGARDING THE IFB:

Bidders that have questions or require clarifications of the intent and content of this IFB may request clarifications only by submitting questions via electronic mail to:

ServiceContracts@hcd.ca.gov and Abigail.Moniz@hcd.ca.gov.

Please reference IFB# 26-20-002 and Title and Escrow Services in the subject line.

mailto:rfp.ifb@hcd.ca.gov mailto:rfp.ifb@hcd.ca.gov https://teams.microsoft.com/meet/299067072227504?p=kk5MP9Q21hUWJweV1O

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

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

A. Errors and Omissions

1) If a Bidder discovers any ambiguity, conflict, discrepancy, omission or other error in this IFB, it is the Bidder’s responsibility to immediately notify HCD of such error in writing and request clarification or modification of the document. This notification must be submitted pursuant to the procedures described above, Questions and Clarifications Regarding the IFB.

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

B. Addenda

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

C. Bidder’s Costs

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

2. ADMINISTRATIVE INFORMATION

A. Background

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

B. Condition of Award

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

C. No Guarantee of Quantities

The scope and quantities referenced in this IFB are estimated to be the amount needed based on current information available to HCD. HCD is not obligated to contract for or to accept more than the actual requirements needed during the period of this Agreement, as determined by actual needs and availability of appropriated funds. HCD reserves the right to increase or decrease quantities and make adjustments between individual task budgets, as appropriate, at the prices stated in the Agreement resulting from this IFB.

3. PURPOSE, TERM, AND SCOPE OF WORK

A. Purpose

HCD is seeking title and escrow transactional services in order to facilitate assignment and transfer of various local government-held loan portfolios. The awarded Contractor shall provide title and escrow services for up to 375 existing loans affecting approximately 250 individual properties.

B. Agreement Term:

The anticipated term of the Agreement will be 12/1/2026 or upon DGS approval, whichever is later, through 11/30/2027, with the option to extend for two (2) additional twelve (12) month periods at the same terms, conditions, and costs. Any permitted amendment(s) would continue the services outlined in the executed Scope of Work at the same terms and rates. No services will be provided before approval by DGS, or after the termination date. All performance mandated under the Agreement shall be completed on or before the termination date of the Agreement.

C. Scope of Work

Please refer to the Exhibit A, Scope of Work of the Proposed Agreement (Section 17 of this IFB, Exhibit A).

4. BIDDER’S MANDATORY QUALIFICATIONS AND REQUIREMENTS

A. In General

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

The Bidder must demonstrate and meet the following mandatory qualifications.

Failure to provide adequate evidence and/or documentation will cause the Bid to be rejected. The documentation provided will be scored on a pass/fail basis.

Bids that fail any mandatory qualifications or requirements will be deemed nonresponsive at the discretion of HCD. The award of an Agreement, if it is to be awarded, will be made to the lowest responsive responsible Bidder whose Bid complies with all requirements.

B. Mandatory Qualifications and Experience requirements

The Bidder must demonstrate the following mandatory qualifications. Bidder must provide evidence and/or written documentation of how each mandatory requirement is met as outlined in this section of this IFB. Failure to provide adequate evidence and/or documentation will cause the Bid to be rejected.

1) The Bidder must be a corporation, partnership, or other entity lawfully authorized and qualified to do business in the State of California.

2) The Bidder must be a duly licensed title company, title insurer, or title agency authorized by the California Department of Insurance to issue lender’s title insurance policies and provide title services in the locations covered by this Agreement, and authorized by the Department of Financial Protection and Innovation, or exempt from authorization under California Financial Code section 17006 as confirmed by satisfactory supporting documentation, to perform escrow services in the locations covered by this Agreement.

3) The Bidder must be able to provide title and escrow services for properties located in the City of Lindsay, Tulare County.

C. Insurance Requirements- Not required to be submitted with Bid

The awarded Contractor will not commence performance under the Agreement until the Bidder has provided HCD with a certificate of insurance stating that there is liability insurance presently in effect for the Bidder with a Combined Single Limit (CSL) of not less than $100,000 per occurrence. The awarded Contractor will provide written notice to HCD within five (5) business days of any cancellation, non-renewal, or material change that affects the required insurance coverage. The certificate of insurance must include the following provision: “The State of California, HCD, and their officers, agents, employees, and servants are included as additional insureds, but only with respect to work performed for HCD under this Agreement.”

5. BID CONTENT

Bids must describe the Bidder’s qualifications and expertise in the format outlined in the IFB. A Bid will not be considered complete unless it contains all of the items described below.

A. Attachment 1: Required Attachment Checklist

Complete this checklist to confirm the items submitted in the Bid.

B. Attachment 2: Table of Contents

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

C. Attachment 3: Cover Letter of Interest

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

1) A statement to the effect that the Bid is a firm and irrevocable offer good through the effective date of the resulting contract.

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

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

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

5) A statement expressing that the Bidder will continue to meet all terms and conditions for operating a business in the city, county, or city and county in which the business is headquartered and all terms and conditions for providing title and escrow services in the locations covered by this Agreement.

6) By signing the cover letter of interest and Bid, the Bidder certifies that the signatory is authorized to bind the Bidder/Standard Agreement, if awarded.

D. Required Attachments

A complete Bid or Bid package must also include the items listed in Section 16 of this IFB, Attachment 1, Required Attachment Checklist below.

6. BIDDER’S COST SHEET

The proposed work is broken down and outlined in the Scope of Work of the proposed Agreement (Section 17 of this IFB, Exhibit A).

A. Complete Bidder’s Cost Sheet, (Section 16 of this IFB, Attachment 6), which includes the services that will be required under the proposed Agreement (Section 17 of this IFB).

B. The billable units provided on the Bidder’s Cost Sheet will be inclusive of all

Bidder’s labor, subcontracted work, supplies, travel, and other direct costs.

C. The awarded Bidder from this IFB will be paid no more for any billable unit than the applicable billable unit prices set forth in the Bidder’s cost sheet, which will be included in the awarded Agreement. Bidder will only be paid for actual billable units delivered and accepted by HCD.

D. This is a competitive solicitation and HCD encourages all Bidders to submit their best and final cost Bid with all applicable documentation.

7. PREFERENCE AND INCENTIVE PROGRAMS

The State established the following preference programs to encourage participation in state contracting by various segments of the business community and to stimulate business and employment in geographic areas determined to be economically distressed. Per SCM Volume 1, Section 8.17 C.6, the combined cost of preferences granted shall not exceed one hundred thousand dollars ($100,000).

A. Small Business Preference

Certified small businesses or microbusinesses (together, “SBs”) can claim the 5% Small Business preference when submitting a Bid on a State contract.

(SCM Vol. 1, Sec. 8.21.) A non-small business (“NSB”) may receive a preference of 5% if the business commits to subcontract at least 25% of its net Bid price with one or more small businesses or microbusinesses, and the preference does not displace an SB as the awarded Bidder. (SCM vol 1, sec.

8.21.A.1.) The 5% preferences are used only for computation purposes, to determine the winning Bidder, and will not alter the amount of the awarded Agreement. The rates and/or billable unit prices under an Agreement awarded on the basis of the SB preference or NSB subcontracting preference will be the actual rates and/or billable unit prices set forth in the Bid, regardless of the adjustments made to calculate the preferences. Information regarding the preference programs may be obtained at https://www.dgs.ca.gov/PD/Resources/SCM/TOC/12/12-04.

Bidders seeking to claim the SB preference must notify HCD in their Bid that they are either: (1) a certified SB; or (2) have submitted a complete application for SB certification to DGS/Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) on or before the Final Date for Bid Submission. (SCM vol. 1, sec. 8.21.B.2; 2 CCR 1896.6.) A Bidder that has applied for SB certification will not be considered for the SB preference unless its SB certification is approved on or before the date on which HCD issues a Notice of Intent to Award the Agreement. (SCM vol. 1, sec. 8.21.B.2.) HCD requests, but does not require, currently certified SBs claiming the SB preference to submit a copy of their active DGS/OSDS SB certification approval with their Bid.

A Bidder seeking to claim the NSB subcontracting preference must identify each SB subcontractor, each subcontractor’s SB certification number, the work each subcontractor will perform, the percentage of the Bid price each subcontractor will receive under each subcontract, and all other required information in the Bidder Declaration (Section 16 of this IFB, Attachment 8).

Small Business Preference Example (Single Award, based upon point value):

Bidder A Bidder B Bidder C Bidder Status NSB NSB w/ 25% SB

Preference Applicable? X X Original Bid Price $450.00 $455.00 $465.00

Apparent Lowest Bid Price X Pref. Amount (5% of Lowest

Bid) $0 -($22.50) -($22.50)

Revised Bid Price Total $450.00 $432.50 $442.50

Revised Lowest Bid Price

N/A

(NSB

subcontracting preference cannot displace SB as awarded

Bidder)

X

Explanation of Example:

The Lowest Bid Price was submitted by Bidder A. Bidder A is a responsive, responsible NSB not claiming an SB subcontracting preference. Because Bidder B claims a NSB subcontracting preference and Bidder C claims an SB Preference, each of their Bid Prices is adjusted (reduced) by 5 percent of Bidder A’s Bid Price ($22.50). After application of preferences, Bidder B’s Revised Bid Price is the lowest. However, Bidder C’s Revised Bid Price is the second lowest, so awarding the preference to Bidder B would displace an SB https://www.dgs.ca.gov/PD/Resources/SCM/TOC/12/12-04 as the awarded Bidder. Therefore, Bidder B is disqualified from receiving the NSB subcontracting preference and Bidder C has the Revised Lowest Bid Price.

B. DVBE Incentive Program HCD hereby waives the mandatory Disabled Veteran Business Enterprise (DVBE) participation requirement of this IFB.

Bidders who are certified DVBEs or commit to minimum certified DVBE participation of at least one (1) to five (5) percent of the Bid price (“DVBE or DVBE-subcontracting Bidders”) may receive a DVBE incentive. (Mil. & Vet.

Code, sec. 999.5(a).) Information and mandatory requirements for participation in the DVBE incentive program are included at the following link:

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion- List/OSDS/OSDS?search=osds

The DVBE incentive is calculated by taking a percentage of the lowest Bid price submitted by a responsive and responsible Bidder, as provided in the table below. For the limited purpose of determining final rankings, HCD will reduce the Bid price submitted by qualified DVBE or DVBE-subcontracting Bidders by the amount of the Bidder’s DVBE incentive. HCD will not apply the incentive if it would cause a small business to be displaced as the awarded Bidder. (2 CCR 1896.99.100(c).)

Confirmed DVBE Participation of: DVBE Incentive 5% or over 5%

4% to 4.99% 4% 3% to 3.99% 3% 2% to 2.99% 2% 1% to 1.99% 1%

Disabled Veteran Business Enterprise Incentive Example (Single Award):

Bidder A Bidder B Bidder C Bidder Status NSB NSB w/ 3.5% DVBE

Incentive Applicable? X X Original Bid Price $450.00 $455.00 $465.00

Apparent Lowest Bid X Incentive Qualified 3% 5%

Incent. Amount (% of Lowest Bid) $0 -($13.50) -($22.50)

Revised Bid Prices Total $450.00 $441.50 $442.50 Revised Lowest Bid Price X https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=osds https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=osds

Explanation of Example:

The lowest Original Bid Price is Bidder A, a responsive and responsible NSB not claiming a DVBE subcontracting incentive. Bidder B commits to 3.5 percent DVBE participation, which qualifies Bidder B for a DVBE incentive of three (3) percent. Bidder C is a DVBE, which qualifies Bidder B for a DVBE incentive of five (5) percent. To apply the incentive, three (3) percent of Bidder A’s Original Bid Price (3% of $450 = $13.50) is subtracted from Bidder B’s Original Bid Price of $455, resulting in a Revised Bid Price of $441.50. Five (5) percent of Bidder A’s Original Bid Price (5% of $465 = $22.50) is subtracted from Bidder C’s Original Bid Price, resulting in a Revised Bid Price of $442.50.

After applying the incentives, Bidder B’s Revised Bid Price is the lowest.

Because the second lowest Revised Bid Price was not submitted by an SB, Bidder B’s DVBE preference will not displace an SB as the awarded Bidder, and Bidder B will retain its ranking as the Revised Lowest Bidder.

1) The DVBE Program Incentive will be applied during the evaluation process to responsive and responsible Bidders.

a) Bidder incentive eligibility requirements:

i. Be a certified DVBE or commit to using one or more certified DVBE(s) for at least one (1) to five (5) percent of the Bid value. Bidders and subcontractors who are not certified may apply to be a DVBE up until 5:00 pm (PST) for paper applications or 11:59 pm (PST) for online applications on or before the Final Date for Bid Submission. (2 CCR 1896.82.)

For uncertified DVBEs whose applications are pending as of the submission date of their Bid, the Bid must state that the DVBE certification is pending (2 CCR 1896.82). All DVBE certifications are subject to HCD verification.

ii. Document DVBE participation on the Bidder Declaration (GSPD-05-105) in Section 16 of this IFB, Attachment 8.

iii. Complete Disabled Veteran Business Enterprise Declarations (DGS PD 843) in Section 16 of this IFB, Attachment 15 for each DVBE subcontractor.

b) If requested by HCD during the evaluation process, a non-DVBE Bidder must provide HCD with written confirmation from each DVBE subcontractor identified on the Bidder Declaration GSPD- 05-105 and such additional information as HCD may deem necessary to determine eligibility for the DVBE incentive. At HCD’s discretion, the written confirmation may be required to include the scope of work for the DVBE subcontract, work to be performed by the DVBE, term of 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. When requested, information must be submitted within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for Bid rejection.

c) Pursuant to Military and Veterans Code section 999(b)(5)(B), only a DVBE who performs a Commercially Useful Function (CUF) relevant to the Scope of Work of the proposed Agreement (Section 17 of this IFB, Exhibit A) may qualify the Bidder or be used to qualify the Bidder for a DVBE participation goal and/or DVBE incentive.

2) Locating DVBE Subcontractors

a) 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.

b) To begin, click on “Find Public Procurement Information,” then click “Search for California Certified Small Business (SB) and Disabled Veteran Business Enterprise (DVBE).” Search by “Keywords” or “UNSPSC Classifications” 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 IFB 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) DVBE post contract requirements and consequences of non-compliance.

a) If for this Agreement, the Contractor is utilizing a DVBE subcontractor, the Contractor must comply with all post contract requirements and be aware of violations for non-compliance as per (M&VC § 999.5(d), M&VC 999.7, Govt. Code § 14841,PCC § 10115.10, and PCC § 10230.)

b) For more information regarding DVBE post contract requirements and consequences of non-compliance, please visit the DGS website to access a copy of State Contracting Manual Vol. 1, Chapter 8 or use the link provided below.

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/SCM- VI---04-2022-Update/SCM-Volume-1-rev-04-2022---Chapter- 8.pdf?la=en&hash=3EB240B852809C54C13808A131C65989D8 28798F http://www.caleprocure.ca.gov/ http://www.caleprocure.ca.gov/ mailto:OSDSHelp@dgs.ca.gov https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=999.5&lawCode=MVC https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=14841.

https://law.justia.com/codes/california/2019/code-pcc/division-2/part-2/chapter-1/article-7/section-10230/ https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/SCM-VI---04-2022-Update/SCM-Volume-1-rev-04-2022---Chapter-8.pdf?la=en&hash=3EB240B852809C54C13808A131C65989D828798F https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/SCM-VI---04-2022-Update/SCM-Volume-1-rev-04-2022---Chapter-8.pdf?la=en&hash=3EB240B852809C54C13808A131C65989D828798F https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/SCM-VI---04-2022-Update/SCM-Volume-1-rev-04-2022---Chapter-8.pdf?la=en&hash=3EB240B852809C54C13808A131C65989D828798F https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/SCM-VI---04-2022-Update/SCM-Volume-1-rev-04-2022---Chapter-8.pdf?la=en&hash=3EB240B852809C54C13808A131C65989D828798F

C. Calculation of Multiple Preferences:

In the event that different Bidders qualify for the SB preference and the DVBE incentive, the SB preference will be calculated first. In circumstances where HCD will award a single Agreement as a result of this IFB, in accordance with Government Code Section 14838(g), the DVBE incentive will not be calculated if, after the application of the SB preference, an SB Bidder is the lowest Bidder, unless one or more of the other Bidders that is eligible for the DVBE incentive is also an SB.

Note: In accordance with Government Code Section 14838(g), in the event of a precise tie between a SB and a disabled veteran-owned SB, the Agreement will be awarded to the disabled veteran-owned SB.

Example of the Calculation of Multiple Preferences:

Bidder A Bidder B Bidder C Bidder D Bidder Status NSB NSB w/

25% SB DVBE SB

SB Pref. Applicable? X X Original Lowest Bid

Price $450.00 $455.00 $460.00 $465.00

Original Lowest Bidder X

SB Pref. 0% 5% 0% 5% SB Pref. Amt. $0 -($22.50) $0 -($22.50)

Revised Bid Price

(SB) $450.00 $432.50 $460.00 $442.50

Revised Lowest Bidder

X

DVBE Incentive Applicable? X

Incentive Amt. 5% Dollar Amt. of

Incentive $0 $0 -($21.60) $0

Revised Bid Price

(SB/DVBE) $450.00 $432.50 $438.40 $442.50

Final Revised Lowest Bidder

(NSB

subcontr.

preference cannot displace SB as awarded

Bidder)

(DVBE

incentive cannot displace SB as awarded

Bidder)

X

D. Commercially Useful Function (CUF) Disclaimer

Each SB or DVBE Bidder claiming a SB preference or DVBE incentive, and each SB or DVBE subcontractor that a Bidder commits to using in order to claim a preference or incentive, must perform a commercially useful function (CUF). A SB or DVBE performs a CUF when the business meets all of the following criteria:

1) Is responsible for the execution of a distinct element of the work of the Agreement.

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 functions.

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

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

a) Agreements resulting from this solicitation shall afterwards be monitored for compliance with CUF for the duration of the Agreement.

b) If the Contractor is selected after claiming an SB or DVBE preference or incentive for SB or DVBE subcontractor participation, the substitution of a SB or DVBE subcontractor by a non-SB or non- DVBE subcontractor, or a substitution that does not otherwise maintain, at a minimum, the level of SB or DVBE participation stated in the original Bid, will not be allowed absent exceptional circumstances stated in 2 CCR sections 1896.10 or 1896.73, respectively. Substitution of a subcontractor will be considered an administrative change.

E. Target Area Contract Preference Act

This solicitation provides for the optional Target Area Contract Preference Act (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.

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. The following webpage contains required preference request forms and an interactive map to determine if a business is located within a TACPA qualified zone: TACPA | https://tacpa.dgs.ca.gov/

California Dept. of General Services - State of California - Dept. of General Services

Bidders seeking to obtain a TACPA preference must complete and submit the Target Area Contract Preference Act Preference Request, Form STD. 830, with the Bid. This form is available to download at the following link: Target Area Contract Preference Act (TACPA)

By submitting TACPA forms, a Bidder given a TACPA preference agrees to the TACPA contract provisions required by Government Code section 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.

8. IFB SUBMISSION GUIDELINES

A. Bids must provide straightforward and concise descriptions of the Bidder’s ability to satisfy the requirements of this IFB. The Bid must be complete and accurate. Omissions, inaccuracies or misstatements will be sufficient cause for rejection of a Bid.

B. All Bids must be submitted electronically via rfp.ifb@hcd.ca.gov to HCD by the date and time shown in the Schedule of Events table on the third page of this IFB. Bids received after the final submission date and time will not be considered.

C. Bid submission inbox rfp.ifb@hcd.ca.gov is only for submitting Bids. Bidders will receive a receipt confirmation from HCD after submission. All inquiries must be submitted to ServiceContracts@hcd.ca.gov and Abigail.Moniz@hcd.ca.gov.

D. It is the responsibility of the Bidder to ensure their Bid is successfully delivered via email by the deadline. HCD is not responsible for any technical delays, file size rejections, or transmission errors on the Bidder’s end. The submission time will be based solely on the timestamp recorded when the Bid is received in HCD’s email system, not when the Bidder sends the email. Bidders are advised not to wait until the final minutes before the deadline to send the Bid, as transmission delays may occur. Emails sent before the deadline but received after the deadline will be considered late and will not be accepted.

For transparency, HCD will respond to all submissions to confirm receipt and share a screenshot from our email system displaying the date and time the Bid was received (Pacific Time).

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

F. Please note, although HCD has discretion to withhold information from Public Records Act (“PRA”) disclosure in certain circumstances, by submitting Bid materials and supporting documentation to HCD, Bidder is consenting to PRA disclosure of any or all information contained in such materials (even if Bidder considers them confidential) at HCD’s sole discretion.

https://tacpa.dgs.ca.gov/ https://tacpa.dgs.ca.gov/ https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4535.&lawCode=GOV https://govt.westlaw.com/calregs/Document/I5407E8A35A0A11EC8227000D3A7C4BC3?originationContext=document&transitionType=StatuteNavigator&needToInjectTerms=False&viewType=FullText&ppcid=1bd221352f0f4d3ab7e1bb52f3686ab0&contextData=%28sc.Default%29 https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf mailto:rfp.ifb@hcd.ca.gov mailto:rfp.ifb@hcd.ca.gov

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

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

I. All Bids are required to include the documents identified as required in Section 16 of this IFB, Attachment 1 (“Required Attachment Checklist”). Bids not including the proper “required attachments” will be deemed non-responsive. A non-responsive Bid is one that does not meet the basic Bid requirements. Bids deemed non-responsive will be rejected.

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

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

L. A Bidder may withdraw its Bid by submitting a written withdrawal request to ServiceContracts@hcd.ca.gov and Abigail.Moniz@hcd.ca.gov signed by the Bidder or an authorized agent. A Bidder may thereafter submit a new Bid prior to the Bid submission deadline.

M. HCD may modify this IFB prior to the date fixed for submission of Bids by the issuance of an addendum in the same manner as the original IFB was released. It is the responsibility of the Bidder to ensure that the Bid submission meets all requirements.

N. Bidders are cautioned not to rely on HCD during the evaluation to discover and report to the Bidder any defects and errors in the submitted documents.

Bidders, before submitting their documents, should carefully proof them for errors and adherence to the IFB requirements.

O. More than one (1) Bid from an individual, Bidder, partnership, corporation, or association under the same or different names will not be considered.

Reasonable grounds for believing that any Bidder has submitted more than one (1) Bid for the work contemplated herein will cause the rejection of all Bids submitted by that Bidder. If there is reason for believing that collusion exists among Bidders, none of the participants in such collusion will be considered.

P. HCD does not accept alternate agreement language from Bidders. A Bid with such language will be considered a counter proposal and will be rejected. The state’s General Terms and Conditions (GTC), which may be viewed and downloaded at: https://www.dgs.ca.gov/- /media/Divisions/OLS/Resources/GTC-Updates/GTC-225-February-2025.pdf are not negotiable.

Q. No Bidder-initiated contact will be allowed between Bidders and members of the HCD Evaluation Team, or HCD staff, after issuance of this IFB document, with the exception of the contact person named.

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

S. All documents submitted in response to this IFB will become the property of the State of California and will be regarded as public records under the California Public Records Act (Gov. Code sec. 7920.000 et seq.) and subject to review by the public unless disclosure is otherwise prohibited by law or HCD, in its sole discretion, determines that nondisclosure is appropriate and legally justifiable. Should a Bidder desire to keep any or all components of their response to this IFB confidential, the Bidder would need to obtain a protective order from a court of competent jurisdiction.

9. BID OPENING

A. The Bid opening is open to the public and will be held via Microsoft Teams as indicated in the Schedule of Events section of this IFB.

B. Anyone who would like to attend the Bid opening must join the virtual meeting invitation as indicated above under the Schedule of Events section of this IFB or as revised through an Addendum.

C. The Bid opening will consist of each Bid received in a timely manner. If submissions were received after the Deadline for Final Bid Submission, the Bids will not be opened. During the Bid opening, HCD will read aloud and record the Bidder’s Name and their Total Cost Amount of the Bid onto a Bid Opening Sheet.

10. INITIAL BID EVALUATION (RESPONSIVENESS DETERMINATION)

A. The HCD Evaluation Team will be responsible for the review and evaluation of Bids. The Bid will be reviewed, and the responsive Bidder with the lowest Bid price will be awarded the contract.

B. After Bids are opened, HCD will conduct an Initial Review to evaluate each Bid for completeness, responsiveness, and responsibility on a pass/fail basis. In order to be determined complete and responsive, a Bid must contain all requested information and supporting documentation in the format, and prepared, issued, certified, or signed as required by, Section 4 of this IFB, “Bidder’s Mandatory Qualifications and Requirements,” Section 8, “IFB Submission Guidelines,” and Section 16, Attachment 1, “Required Attachment Checklist.” A Bid that is not complete will be deemed nonresponsive. HCD may request supplemental information pursuant to Paragraph C of this Section 10 at any time before, during, or after the Initial Review.

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-Updates/GTC-225-February-2025.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-Updates/GTC-225-February-2025.pdf

C. HCD, in its sole discretion, may request supplemental information to verify Bid responsiveness or Bidder responsibility; to correct technical or nonsubstantive errors or omissions; to make mathematical corrections to the Bidder’s Cost Sheet; or to correct errors or omissions that HCD determines are very unlikely to be intentional or caused by a Bidder’s comparative negligence, resource constraints or underallocation of resources, or inattentiveness to IFB requirements. HCD will send Bidders a written request for supplemental information, identify the supplemental information requested, and specify the deadline for its submission. Failure to submit the information or documentation by the date and time indicated may cause HCD to deem the Bid nonresponsive.

D. Bids that contain statements that are false or statements or omissions that, in

HCD’s judgment, fraudulently support an attribute or condition claimed by the Bidder may be rejected.

E. If a Bid passes Initial Review, HCD will compare it to other responsive Bids in the Final Evaluation.

11. FINAL EVALUATION (COMPARISON AND RANKING OF BID PRICES)

A. In the Final Evaluation, HCD will compare the prices of all Bids that pass the Initial Review under Section 10. The award, if made, will be to the Bidder with the lowest Bid price after application of the Small Business preference, the Non- Small-Business subcontracting preference, the DVBE incentive, and TACPA preferences described in Section 7 of this IFB (together, “preferences”) pursuant to State law.

B. In the event of a tie, in accordance with State Contracting Manual Volume 1, Section 5.45, HCD will perform a coin toss. Such event will be observed by witnesses, and the affected Bidders will be invited to view the coin toss in person or remotely.

C. Written or oral Bid evaluation debriefings will not be given to unsuccessful

Bidders. All Bids and the final scoring summary sheet are retained by HCD as a permanent record and will be made available for public inspection through the California Public Records Act request process.

D. The policy of HCD is to solicit Bids with a bona fide intention to award an

Agreement. This policy will not affect HCD’s right to reject any or all Bids or to cancel the IFB at any time.

12. AWARD AND PROTEST

A. The Agreement, if awarded, will be made to the lowest responsive and responsible Bidder with the lowest Bid price, as adjusted during the Final Evaluation Process.

B. Except as provided in this paragraph B, HCD may award the Agreement to the lowest responsive and responsible Bidder immediately without notice to other

Bidders or any waiting period. (SCM sec. 5.65.B.3.) If requested by any Bidder on or before the Final Date for Bid Submission, HCD will post a “Notice of Intent to Award” on the “Doing Business with HCD” section of HCD’s website (https://www.hcd.ca.gov/about/doing-business-hcd) and in the Southwest Tower lobby at 651 Bannon Street, Sacramento, CA 95811 for five (5) working days before awarding the Agreement. (Pub. Contract Code, sec. 10345(a)(1).)

Bidders may request HCD to post a “Notice of Intent to Award” by emailing ServiceContracts@hcd.ca.gov and Abigail.Moniz@hcd.ca.gov. If HCD is not awarding the Agreement to the lowest responsible Bidder, HCD will notify them by email, fax, overnight courier, or personal delivery at least five (5) working days before awarding the Agreement. (Pub. Contract Code, sec.

10345(a).)

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

D. Prior to the award of an Agreement, a Bidder that believes they are the lowest responsible Bidder meeting the specifications for the Agreement may file a bid protest. (SCM sec. 6.02.A.1.) A bid protest may be filed by submitting a bid protest notification to HCD and the DGS Office of Legal Services (“DGS/OLS”) at the addresses below. For purposes of determining timeliness, a bid protest is deemed to be filed on the date on which both HCD and DGS/OLS have received notification of the protest.

E. Protest notifications must identify the Department of Housing and Community Development as the Awarding Agency and identify the IFB Number 26-20-002.

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

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

Housing and Community Development Contract Services Section Attention: Abigail Moniz 651 Bannon St, Suite 400, Sacramento, CA 95811 ServiceContracts@hcd.ca.gov

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

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

https://www.hcd.ca.gov/about/doing-business-hcd mailto:ServiceContracts@hcd.ca.gov mailto:Abigail.Moniz@hcd.ca.gov mailto:OLSProtests@dgs.ca.gov

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

J. Within five (5) calendar days after filing the initial protest, the protesting Bidder shall file with the DGS, OLS and HCD a detailed written statement specifying the grounds for the protest.

K. At DGS’s discretion, HCD may provide a written response to the protest.

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

13. TAX DELINQUENCY DISCLAIMER

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

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

FTB: About the delinquent taxpayer list | https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html

CDTFA: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm.

14. OTHER CRITERIA

A. Executive Order N-6-22- Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S.

government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a Bid, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s Bid any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

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

B. Conflict of Interest

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

C. Generative Artificial Intelligence (GENAI)

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

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

Upon notification by a Bidder of GenAI as required, the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject Bids 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.

D. Follow-On Contracts

No person, Bidder, or subsidiary thereof or their officers or directors, who were previously awarded a HCD consulting services contract, or a contract which primarily includes a consulting services…