4023-015_Biomass_Tracking_System.pdf

Gavin Newsom, Governor David Shabazian, Director

REQUEST FOR PROPOSAL – Secondary Method

Notice to Prospective Proposers

June 13, 2024

RFP NO.: 4023-015

TITLE: Biomass Tracking System – Development

The California State Department of Conservation (Department) requires the services of a contractor to support the Department in the development of a biomass tracking/chain of custody system to be developed in collaboration with the Joint Institute for Wood Products Innovation (Joint Institute), Department of Forestry and Fire Protection (CAL FIRE), Air Resources Board (CARB), California Public Utilities Commission (CPUC), and Governor’s Office of Planning and Research (OPR). You are invited to review and respond to this Request for Proposal (RFP), entitled 4023-015 Biomass Tracking System - Development. In submitting your proposal, you must comply with these instructions listed herein. The Department must receive proposals by July 12, 2024 by 2:00 PM.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (04/2017) and Contractor Certification Clauses (04/2017). If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of the Department, this RFP is complete and without need of explanation. However, the Department may release, in a timely manner, an addendum to this RFP. Potential proposers may submit questions regarding intent, expectations, or other topics pertaining to the actual proposal by contacting Samantha Brooks via email at: ServiceContracts@conservation.ca.gov. Questions must be received by June 27, 2024 by 5:00 PM All questions received by the Department will be answered and posted to Cal eProcure by July 5, 2024 by 3:00 PM.

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

Samantha Brooks Department Contracts Analyst ServiceContracts@conservation.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language mailto:ServiceContracts@conservation.ca.gov https://www.caleprocure.ca.gov/pages/index.aspx mailto:ServiceContracts@conservation.ca.gov

Department of Conservation RFP Number 4023-015

Biomass Tracking System - Development

Table of Contents

I. Description of Services A. Overview B. Period of Performance/Available Funding C. Work to be Performed D. Contractor Shall E. Department Shall F. Schedule of Task Completion (For Consulting Services) G. Contractor Evaluation H. Settlement of Disputes

II. Budget Detail and Payment Provisions A. Invoicing and Payment B. Budget Contingency Clause C. Prompt Payment Clause D. Executive Order N-6-22 – Russia Sanctions

III. Proposer Minimum Qualifications IV. Proposal Requirements and Information

A. Key Action Dates and Times B. Questions and Answers C. Work Plan and Work Schedule Requirements (For Consulting Services) D. References E. Resumes of Proposer and Sub-Contractor(s) F. Cost Detail Format and Requirements G. Submission of Proposal H. Evaluation Process I. Award and Protest J. Disposition of Proposals K. Payee Data Record L. Contractor Certification Clauses (CCC 04/2017) M. GenAI Disclosure Notification N. Tax Delinquent Status Verification

O. Preference Programs P. Commercially Useful Function (CUF)

V. Required Attachments Attachment 1: Required Attachment Checklist Attachment 2: Bid Sheet and Response Attachment 3: Bid/Bidder Certification Sheet Attachment 4: Bid/Bidder Declaration Attachment 6: Disabled Veteran Business Enterprise Declarations (STD 843) Attachment 7: Bidder References Attachment 8: California Civil Rights Laws Certification Attachment 9: Iran Act Certification Attachment 10: Economic Incentive Program Attachment 11: Bidder’s Summary of Contract Activities and Labor Hours (DGS/PD 526)

Attachment 12: Generative (GenAI) Artificial Intelligence Disclosure and Factsheet (STD 1000).44

I. Description of Services

A. Overview

The Department of Conservation (Department) requires the services of a contractor to support the Department in the assessment of chain of custody for tracking forest biomass sources to products, to be developed in collaboration with the Joint Institute for Wood Products Innovation (Joint Institute), Department of Forestry and Fire Protection (CAL FIRE), Air Resources Board (CARB), California Public Utilities System (CPUC), and Governor’s Office of Planning and Research (OPR).

The Department intends to award one (1) service contract for this RFP.

B. Period of Performance/Available Funding

The schedule of performance of the Agreement shall be from August XX 2024, or upon Department of General Services (DGS) approval, whichever is later, through August XX 2025. The Contractor agrees to start work no later than thirty (30) days after DGS approval, or a mutually agreed upon time. The Department will award a maximum of $250,000 for the Agreement.

Upon mutual consent, the Department and the Contractor may execute amendments to the executed Agreement for time due to schedule conflicts. A variation of the terms (i.e. change in project representative) requires mutual consent from the Department and Contractor and may be done through email. No verbal understanding, or agreement not incorporated into the executed Agreement is binding on either party.

C. Work to be Performed

Contractor agrees to provide to the Department all services as described herein:

Task 1. Reporting and Coordination o Monthly interagency meetings (virtual) o Quarterly reports and billing o Public meetings (at least three, all virtual)

Task 2. Meta Analysis of Existing Tools o Meta analysis of existing biomass tracking and chain of custody models/solutions, o Meta analysis of existing models and/or frameworks for certification (include both carbon analysis as well as sustainability practices)

Task 3. Summary of Relevant Program Requirements o Using feedback from program and regulatory staff, identify high-priority monitoring parameters and information These may include elements of existing programs, such as the Air Resources

Board’s Low Carbon Fuel Standard or the California Public Utilities Commission’s BioMAT program, or processes such as CEQA, and should include international examples as appropriate

Task 4. Recommendations for Integrating Tools and Programs o Draft approach prioritizing staff input regarding complementary state activities and programs o Identify potential certification models, including (non-state) third parties and new technology o Draft, illustrate, or describe the business requirements of turning recommendations into a software tool for implementing the methodology

Task 5. Final Report and Presentation o Provide a written report in MS Word based on Tasks 2-4. The report must:

Be ADA-compatible; and Include an executive summary. (Requirements to be provided to awardee) o Provide a complementary PowerPoint slide deck summarizing the project and recommendations.

D. Contractor Shall

• Be available to provide services at any time during normal state business hours, Monday through Friday, 8 AM to 5 PM, except state holidays, or any other time mutually agreed upon between the Department and the Contractor.

• Prepare all documents, where applicable, in Microsoft Word or pdf. format.

• Maintain open and frequent communication as necessary with the Department Project Representative.

• Respond to emails and/or phone calls from the Department Project Representative within four (4) business hours.

E. Department Shall

• Provide data needed for services to be performed by the Contractor.

• Maintain open and frequent communication as necessary with the Contractor.

• Provide public meeting announcements and logistics, including appropriate listservs.

F. Schedule of Task Completion (For Consulting Services)

Provide a timeline schedule for the completion of each task. Deadline dates are subject to change with approval of an amendment to this agreement.

Task Number

Task Item Task Due Date

1 Reporting and Coordination

Task Number

Task Item Task Due Date

Monthly interagency meetings Monthly through 12 months of award

Quarterly reports and billing Quarterly through 12 months of award

Public meetings Between 4-12 months of award

2 Meta Analysis of Existing Tools Within 6 months of award

3 Summary of Relevant Program Requirements Within 8 months of award

4 Recommendations for Integrating Tools and Programs

Within 10 months of award

5 Final Report and Presentation Within 12 months of award

G. Contractor Evaluation

Within sixty (60) days of completion of the Agreement, the Contractor’s performance will be evaluated by the Department. The Department shall document the performance of the Contractor in doing the work or in delivering the services or which the contract was awarded. If the Contractor did not satisfactorily perform the work or services specified in the contract, the Department shall place one (1) copy of the unsatisfactory form in the contract file and send one (1) copy of the form to the Department of General Services, Office of Legal Services (DGS/OLS) within five (5) working days of completion of the evaluation.

Upon filing an unsatisfactorily evaluation with DGS/OLS, the Department shall notify and send a copy of the evaluation to the Contractor within fifteen (15) days. The Contractor shall have thirty

(30) days to submit a written response to the evaluation by the Department.

H. Settlement of Disputes

Any dispute regarding the terms or performance of this Agreement should be resolved informally between the Contractor and the Department Project Representative. If the Contractor and the Department cannot resolve the dispute informally within ten (10) business days, the matter shall be elevated to the Contractor’s Chief Executive Officer (or their designee) and to the Department Division Head (or their designee) for joint resolution.

II. Budget Detail and Payment Provisions

A. Invoicing and Payment

Payment for services performed under the Agreement will be made upon receipt of an acceptable invoice. The Contractor shall invoice the Department upon successful completion of services rendered. Invoices may be submitted quarterly, to:

715 P Street, MS XXXX Sacramento, CA 95814

Attention: (TBD)

An acceptable invoice must include:

• Date(s) of work performance

• Contractor’s name and address

• Department’s name and address

• Department Agreement number

• Appropriate itemization, that matches the Budget Detail

Progress payments will be made for services performed under the Agreement, not less than ten-percent (10%) of the contract amount shall be withheld pending final completion of the Agreement, and receipt and acceptance by the Department required under the Agreement.

The Department will verify and approve or disapprove the invoice item(s). If the Department does not approve the invoices item(s), the Department will dispute the invoice, per Prompt Payment Act, and provide opportunity to the Contractor to resolve the dispute.

B. Budget Contingency Clause

It is mutually agreed that if the State Budget Act of the current year and/or any subsequent years covered under the Agreement does not appropriate sufficient funds for the program, the Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under the Agreement and the Contractor shall not be obligated to perform any provisions of the Agreement.

If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel the Agreement with no liability occurring to the State or offer an Agreement amendment to the Contractor to reflect the reduced amount.

C. Prompt Payment Clause

Payment will be made in accordance with and within the time specified in the California Government Code Chapter 4.5, commencing with Section 927.

D. 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 or proposal, 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/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

III. Proposer Minimum Qualifications

In order for proposals to be considered responsive, Proposers must provide proof of meeting or exceeding the below minimum qualifications:

• Demonstrated experience in/knowledge of forest biomass feedstock logistics (planning, contracting, analysis, etc.).

• The team must include at least one CA Registered Professional Forester.

IV. Proposal Requirements and Information

A. Key Action Dates and Times

The following schedule has been established for informational purposes. Efforts will be made to adhere to this plan, but the Department reserves the right to adjust the dates as required by circumstances. All deadline times are Pacific Time Zone.

Event Date RFP available to prospective Proposers June 13 2024 at 2:00 PM Written Questions Submission Deadline June 27, 2024 at 2:00 PM Responses to Questions July 5, 2024 by 2:00 PM Final Date for Proposal Submission July 12, 2024 by 2:00 PM Reviewing and Evaluating Proposals July 15- August 9, 2024 Notice of Intent to Award** August 12, 2024 Proposed Award Date** August 19, 2024

**All dates after Submission of Final Proposals are approximate and may be adjusted as conditions indicate, without addendum to this RFP.

B. Questions and Answers

Proposers requiring clarification of the intent or content of this RFP or on procedural matters regarding the competitive proposal process may request clarification by submitting questions in an email to the Department’s contact person listed on page one. To ensure a response, questions must be received in writing by the scheduled date specified in the above Key Action Dates and Times section. At the sole discretion of the Department, questions may be paraphrased by the Department for clarity.

Written responses to all questions will be collectively compiled and posted through an official addendum, according to the Key Action Dates and Times section, to the Cal eProcure website. It is the responsibility of the Proposer to check Cal eProcure for the list of questions and associated answers.

C. Work Plan and Work Schedule Requirements (For Consulting Services)

The Proposer shall develop a work plan, identifying each major task, necessary subtask, and/or specific milestones. It shall also include how many hours each task shall be, a list of specific objectives and the format of how the Proposer plans to meet those objectives from the Description of Services described in this RFP. Develop a schedule for task completion by which progress can be measured and payments made. Provide approach and methods that will be used to address each task detailed in proposal. Proposing firms are strongly encouraged to be as specific as possible when describing their proposed approach and methods. Provide the work schedule for each of the proposed Tasks 1-5.

D. References

Provide three (3) references with a brief description of services provided. References must be provided using the attached, Proposer References Form.

E. Resumes of Proposer and Sub-Contractor(s)

The Proposer shall list all key personnel (e.g., Project Manager) and other personnel who will be working on the project. Include their titles, qualifications, a summary of similar work/studies performed, a resume for each professional, a statement indicating how many hours each professional will be assigned to what tasks each professional will perform.

Substitute personnel must meet the same minimum qualifications as described in this RFP. During performance of the Agreement, the Contractor must request prior written approval from the Department in advance of substitutions to receive reimbursement for associated costs.

F. Cost Detail Format and Requirements

The cost of the proposed work shall be broken down according to the outline in the Description of Services. The prices, set forth, shall remain in force for the stated term of the Agreement and shall include the cost of insurance, state sales tax, travel costs, and every other item of expenses, direct or indirect, to the total proposal. The total costs of all tasks and milestones for the base proposal cannot exceed $250,000. Use the Cost Sheet and Response Attachment to prepare the cost proposal.

G. 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 will be sufficient cause for rejection of a proposal.

2. The proposal package should be prepared in the least expensive method.

3. All proposals must be submitted under sealed cover and sent to the Department by dates and times shown in the Key Action Dates and Times section. Proposals received after this date and time will not be considered.

4. Proposers are encouraged to submit their proposals electronically, via email to servicecontracts@conservation.ca.gov. If a Proposer wishes to mail in their proposal, a minimum of one (1) original and two (2) copies of the proposal must be submitted.

5. The original proposal must be marked “ORIGINAL COPY”. All documents contained in the original proposal package must have original signatures and must be signed by a person who is authorized to bind the proposing firm. All additional proposal sets may contain photocopies of the original package.

6. The proposal envelopes must be plainly marked with the RFP number and title, your firm name and address, and must be marked with "DO NOT OPEN", as shown in the following example:

715 P Street, MS 1807 Sacramento, CA 95814

Attention: Samantha Brooks 4023-015 Biomass Tracking System - Development

DO NOT OPEN

Proposals not submitted under sealed cover and marked as indicated may be rejected.

mailto:servicecontracts@conservation.ca.gov

7. All proposals may include the documents identified in the Attachment Checklist. Proposals not including the proper "required attachments" shall be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements.

8. Mail or deliver proposal to the following address:

715 P Street, MS 1807 Sacramento, CA 95814

Attention: Samantha Brooks

Proposals may be submitted electronically, via email, to ServiceContracts@conservation.ca.gov. If submitting a proposal electronically, please email one (1) complete proposal package as an attachment and include in the subject line “Proposal for 4023-015 Biomass Tracking System - Development”. The Department will reply to the Proposer’s email with confirmation that the proposal email was received. If the Proposer does not receive a confirmation email from the Department, the proposal may be deemed non-responsive.

9. 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 proposal to be rejected.

10. A proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The Department may reject any or all proposals and may waive an immaterial deviation in a proposal. The Department's waiver of an immaterial deviation shall in no way modify the RFP document or excuse the Proposer from full compliance with all requirements if awarded the agreement.

11. Costs incurred for developing proposals and in anticipation of award of the agreement are entirely the responsibility of the Proposer and shall not be charged to the State of California.

12. An individual who is authorized to bind the Proposer contractually shall sign the Proposal/Proposer Certification Sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned proposal may be rejected.

13. A Proposer may modify a proposal after its submission by withdrawing its original proposal and resubmitting a new proposal prior to the proposal submission deadline as set forth in the Key Action Dates and Times section. Proposer modifications offered in any other manner, oral or written, will not be considered.

14. A Proposer may withdraw its proposal by submitting a written withdrawal request to the Department, signed by the Proposer or an authorized agent. A Proposer may thereafter submit a new proposal prior to the proposal submission deadline. Proposals may not be withdrawn without cause subsequent to proposal submission deadline.

mailto:ServiceContracts@conservation.ca.gov

15. The Department may modify the RFP prior to the date fixed for submission of proposals by the issuance of an addendum to all parties who received a proposal package.

16. The Department reserves the right to reject all proposals. The Department is not required to award a contract.

17. Before submitting a response to this solicitation, Proposers should review, correct all errors, and confirm compliance with the RFP requirements.

18. 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.

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

20. The Department does not accept alternate contract language from a prospective Contractor. A Eproposal with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC 04/2017) are not negotiable.

21. No oral understanding or agreement shall be binding on either party.

22. If the Proposer submits confidential or personal information along with their proposal, the information shall be redacted.

H. Evaluation Process

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. The Department will evaluate each proposal to determine its responsiveness to the published requirements. Pass/Fail determination is made for responsiveness of all RFP requirements.

Items listed in Attachment 1 must be completed and signed (as required) to be considered responsive.

The Department will evaluate Proposers based on criteria according to the table below.

Administrative Criteria Evaluation Pass Fail Mandatory Minimum Qualifications Commercially Useful Function (CUF) (if applicable)

Tax Delinquent Status Verification Completed Cost Sheet and Response Work Schedule Proposal/Proposer Certification https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

Administrative Criteria Evaluation Pass Fail Bid/Bidder Declaration Corporation in Good Standing with the State

List of Subcontractors (if applicable) References Generative Aritifical Intelligence (GenAI) Disclosure and Factsheet (STD 1000)

All Other Required Attachments

3. Proposals that contain false or misleading statements claimed by the Proposer may be rejected.

4. Award if made, will be to the highest scored responsible proposal after eligible preferences and/or incentives have been applied.

5. In the event of a tie, award will be determined by a coin toss. The coin toss will be witnessed and documented by two (2) or more Department representatives and the affected Proposers will be invited to attend.

In the event of a precise tie between the low responsible proposal of a certified small business and the low responsible proposal of a certified disabled veteran owned business that is also a small business, the contract will be awarded to the certified disabled veteran owned small business.

6. The proposals that pass the Administrative Criteria Evaluation section, will move onto the Technical Requirements Evaluation. The Technical Evaluation will be performed by an evaluation panel. If deemed necessary, independent academic, technical, or policy experts may be called upon to answer any specific questions regarding any proposal responses. These individuals will not be participants in the scoring process.

There will be no individual sheets, no written scores, and no written notes. There will be one (1) final consensus score sheet for each proposal.

The Technical Requirements Evaluation Criteria Table contains the scoring criteria that will be used by reviewers evaluating proposals submitted in response to this RFP. The evaluation team shall determine a consensus score for each item, based on the team’s verbal discussion of each Proposer’s responses. To determine the consensus score, evaluators will meet either in person or by teleconference to discuss in detail the strengths, weaknesses, and rating of each proposal to determine scores. The evaluation team will carefully review and discuss the completeness of Proposer’s response, as well as clarity of documentation presented in the proposal submitted.

The Department will use the following scoring system to assign points. In the following chart is a list of all considerations that the evaluation team may consider when assigning individual points to a proposal.

Strength Score Description

High:

No/Minimal

Errors

Exceptional Outstanding Excellent

Medium:

Some Errors

Very Good Good Satisfactorily Fair

Low:

Many Errors

Marginal Poor Very Poor Applicant did not address the category or panel cannot evaluate based on materials provided.

In assigning points for individual rating factors, raters may consider issues including, but not limited to, the extent to which a proposal response:

a. Is lacking information, lacking depth or breadth, or lacking significant factor and/or details, and or

b. Is fully developed comprehensive and has few if any weaknesses, defects or deficiencies, and/or

c. Demonstrates that the Proposer understands the Department’s needs, the services sought, and/or the Contractor’s responsibilities and/or

d. Illustrates the Proposer’s capability to perform all services and meet all Description of Services requirements, and/or

e. If implemented, will contribute to the achievement of the Department’s goals and objectives and/or

f. Demonstrates the Proposer’s capacity, capability, and/or commitment to exceed regular service needs (i.e. enhanced features, approaches, or methods, creative or innovative business solutions).

Proposals may achieve a maximum of twenty (20) cost points, which is weighted at 31% of the total points available. This criterion allows staff to evaluate and compare the budgets of each proposal relative to those of its competitors. Each Proposer must complete the Cost Sheet and Response. Any proposals submitted that are over the expected Department expenditure/budgeted amount of $250,000 will be disqualified.

Example: To help illustrate this process, refer to table below, for an example of the cost score calculation process. Cost figures in the example below explain the calculations and have no other significance.

Cost Evaluation and Scoring Methodology Example

Each Proposer’s cost score will be calculated based on the ratio of the lowest cost proposal to the Proposer’s cost, multiplied by the maximum number of cost points available 20 as shown in the calculation below:

Lowest Cost Proposal X 20 (Maximum Cost Points Available)

Proposal Cost

Proposer Grand Total Cost Calculation Cost Points Awarded

A $40,000 $30,000 X 20 / $40,000 15 B $35,000 $30,000 X 20 / $35,000 17.1 C $30,000 $30,000 X 20 / $30,000 20

Final Scoring Methodology

Proposer Technical

Score (out of 45)

Cost Score (out of 20)

Total Points Awarded

A 20 15 35 B 40 17.1 57.1 C 43 20 63

In this case the highest scored proposal from Proposer C would be the intended awardee (Subject to Small Business Preference Award).

Table: Technical Requirements Evaluation Criteria (65 points possible)

TECHNICAL REQUIREMENTS EVALUATION

DESCRIPTION

Points Possible Points Awarded

Work Plan Factors

To what extent are the Proposer’s overall approaches and/or methods comprehensive and/or technically sound?

To what extent does the Proposer address all aspects of the project (i.e., are all objectives adequately and appropriately addressed)?

To what extent did the Proposer offer a rational basis for choosing its particular approach and methods (i.e., proven success or past effectiveness)?

To what extent does the Proposer describe in detail the specific actions (i.e., tasks/activities and functions) that the Proposer will perform to fulfill the objectives

To what extent are the proposed performance timelines realistic and achievable?

TOTAL 25

Proposer’s Capability Rating Factors

From the experience described in the Proposal, to what extent does the Proposer demonstrate a thorough understanding of, and experience in completing a similar project in complexity and description of this project?

TOTAL 5

Staffing and Management Rating Factors

To what extent has the Proposer demonstrated the ability to fit this project into existing obligations and meet the project deadlines?

To what extend has the Proposer demonstrated its capability to effectively coordinate, manage, and monitor the efforts of assigned staff (including subcontractors and consultants) to ensure that work is effectively completed and timely?

TECHNICAL REQUIREMENTS EVALUATION

DESCRIPTION

Points Possible Points Awarded

TOTAL 10

References

Are the references sufficient to demonstrate past experience and expertise in areas outlined in the Description of Services and Proposer Requirements?

Proposal Cost

Cost points will be calculated per the Secondary RFP Method in State Contracting Manual, Volume 1, Chapter 5, Section 25

PROPOSAL TOTAL 65

I. Award and Protest

1. Notice of the proposed award shall be posted in a public place at least five (5) working days prior to awarding the Agreement. The notice of intent to award will be posted at www.caleprocure.ca.gov.

2. If any Proposer, prior to the award of agreement, files a written protest with the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and the Department on the grounds that the (protesting) Proposer is the lowest responsive responsible Proposer, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

Within five (5) days after filing the initial protest, the protesting Proposer shall file with the Department of General Services and the Department a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written statement should be mailed to the Department.

It is suggested that you submit any protest by certified or registered mail.

J. Disposition of Proposals

1. Upon proposal opening, all documents submitted in response to this RFP will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 7931.000 et seq.) and subject to review by the public.

2. Proposal packages may be returned only at the Proposer's expense, unless such expense is waived by the Department.

K. Payee Data Record

1. The Proposer awarded the contract must complete and submit form STD 204 Payee Data Record, listing their taxpayer identification number if the Department does not have a current copy on file.

2. No payment will be made unless the Payee Data Record form has been completed and returned to the Department.

L. Contractor Certification Clauses (CCC 04/2017)

1. The Proposer awarded the contract must complete and submit the Contractor Certification Clauses (CCC 04/2017) if the Department does not have a current copy on file.

2. No payment will be made unless the Contractor Certification Clauses have been completed and returned to the Department.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf 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

M. GenAI Disclosure Notification

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

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

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet the state reserves the right to incorporate GenAI Special Provisions into

N. Tax Delinquent Status Verification

1. Effective July 1, 2012, Public Contract Code Section 10295.4, requires state agencies to verify the tax delinquent status of Proposers responding to state solicitations.

2. At the time of proposal evaluation, prior to contract award and execution, the Department will verify all proposing firms and identified subcontractors are not listed as tax delinquent by the Franchise Tax Board and the California Department of Tax and Fee Administration. Any proposing firms or subcontractor listed as tax delinquent shall result in a proposal rejection and will not be considered for contract award. Proposing firms wanting further clarification can refer to the statue above or the websites listed below for additional information.

California Department of Tax and Fee Administration – Top 500 Sales Tax and Use Delinquencies in California

Franchise Tax Board – Top 500 Delinquent Tax Payers

O. Preference Programs

1. Small Business Preference

The small business preference offers certified small businesses or micro businesses a calculation preference in the amount of five percent (5%) of the highest responsible score submitted by a Proposer who is not a certified small business. The small business preference is used as a calculation for determining the highest scored Proposer and does not affect the actual price submitted.

The Department will grant small businesses a five percent (5%) small business preference on their score evaluation when a responsible non-small business:

• Includes in its proposal a notification to the Department that it is a small business or that it has submitted to DGS Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) a complete application no later than 5:00 p.m. on the proposal due date, and is subsequently certified by DGS as a small business https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html

• Submits a timely, responsive proposal

• Has been determined to be a responsive proposer

Proposers having pending Small Business Certification applications under review by DGS concurrent with the proposal timeframe should contact OSDS to request an expedite review/approval of their application in order to be considered for the small business preference during the evaluation of this proposal. Contact OSDS at (916) 375-4940 to obtain information about the application expedite process.

Proposers must notify the Department, in writing, at the time of proposal submission that they have an application for Small Business Certification under review at the OSDS, and that they wish to be considered for the Small Business Preference Calculation.

2. Non-Small Business Preference

Non-small business Proposers will be granted a five percent (5%) non-small business preference when a responsive non-small business has agreed to subcontract at least twenty-five percent (25%) of their proposal with a California certified Small Business if the non-small business Proposer’s proposal is not the highest scored. Responding Proposers must:

• Include in its proposal a notification to the Department that it commits to subcontract at least twenty-five percent (25%) of its net cost price with one or more California certified small businesses

• Submit timely proposal as specified in the proposal document

• Be determined to be a responsive, responsible proposer

• Identify the California certified small business/small business it commits to subcontract with. The Proposer will list certified small business subcontractor(s) and include their name, address, phone number, a description of the work to be performed, and the percentage (as specified in the solicitation) per subcontractor. The small business subcontractor(s) shall be identified on the Bidder Declaration.

3. Calculating Small Business Preference

The non-small business calculation preference of five percent (5%) is used for proposal evaluation purposes only. Awards made as a result of the non-small business preferences will be awarded at the Proposer’s original proposal price. The preference will be computed as follows:

Proposer A, (Highest score) non-small business:

Proposer B, certified small business or non-small business subcontracting 25% to a certified small business:

Calculation Preference:

60 x .05 = 3

Proposer B Subtract calculated preference:

+3_ =61

Award is made to Proposer B as the high score of 61.

4. Maximum Allowable Preferences

In no event shall the combined cost of the small business or non-small business subcontractor preferences and preferences awarded pursuant to other provision of law exceed $100,000.00.

The five percent (5%) calculation preference is used for computation purposes only and does not alter or affect the actual cost price or the amount of the executed contract. When a certified small business is the highest responsible scorer, then there is no need to compute the small business preference as the small business is the highest scorer.

5. Disabled Veteran Business Enterprise (DVBE) Program

Under California Code of Regulations 1896.99.100, the California DVBE incentive provides responsive/responsible Proposers the opportunity to receive additional incentive calculations.

The incentive is applied at the time of RFP evaluation when a Proposer has identified a California-certified DVBE subcontractor to provide services or commodities in support of the overall contract effort. Application of the DVBE incentive may not displace a certified small business high scorer.

The following are elements of the DVBE incentive program:

• The DVBE incentive is applied during the evaluation process and is only applied to responsive proposal from responsive Proposers proposing the percentage(s) of DVBE participation for the incentive(s) specified in the solicitation.

• DVBE incentive participation is at the discretion of the Proposer and is optional when overall DVBE program requirements are exempt by the State for that solicitation.

• A Proposer must complete and return the DVBE incentive application request included within this solicitation with their proposal at the time of submission.

• Services or commodities provided by the DVBE firm must meet the definition of Commercial Useful Function (CUF) as defined under Military and Veterans Code 999 (B)(i)(iii) and under California Code of Regulations 1896.71 (I). A DVBE Proposer determined as not meeting CUF regulations will render the responding Proposer ineligible for the DVBE incentive application.

DVBE participation incentives are calculated according to the table below.

DVBE Participation Level Incentive Applied Less than 1% 0% Incentive 1% to 1.99% 1% Incentive 2% to 2.99% 2% Incentive 3% to 3.99% 3% Incentive 4% to 4.99% 4% Incentive 5% or Higher 5% Incentive

6. Economic Incentive Program

Proposers may be eligible for additional preferences when their place of business is located within certain economic regions and when they hire persons living and working within those economic regions. Please access the following links to read information about these economic inventive programs.

Target Area Contract Preference Act (TACPA)

All responsive Proposers whose costs exceeds $100,000 may apply for the Target Area Contract Preference Act (TACPA) preference. TACPA provides a 5 to 9 percent preference for a California business that is located directly in a California eligible distressed area(s), located directly adjoining/adjacent, or contiguous to a valid TACPA Census Tract and Block Group boundary (GC 4532).

The Department shall award 5% preference submitted by California-based companies who demonstrate and certify under penalty of perjury that not less than 90% of the total labor hours requires to perform the contract shall be accomplished at an identified worksite(s) located in, adjacent, or contiguous to a distressed area (GC 4534).

Proposers may also apply for an additional workforce preference of 1% to 4% if the Proposer certifies under penalty of perjury to hire persons with high risk of unemployment equal to 5% to 20% of its workforce during the period of the contract performance (GC 4533.1). The additional workforce preference percentages are calculated according to the table below.

Percentage of Persons with High Risk of Unemployment Hired in Relation to Work

Force

Preference Percentage Applied to Proposal

Less than 5% 0% Preference

Percentage of Persons with High Risk of Unemployment Hired in Relation to Work

Force

Preference Percentage Applied to Proposal

5% to 9.99% 1% Preference 10% to 14.99% 2% Preference 15% to 19.99% 3% Preference 20% or More 4% Preference

Proposers shall complete the TACPA Preference Request Form (STD 830) and the DGS/PD 526 to apply for TACPA preferences.

P. Commercially Useful Function (CUF)

A certified small business, micro-business, or DVBE must meet commercial useful function (CUF) requirements under Government Code section 14837(d)(4). Selected firms must perform a “commercially useful function” relevant to this RFP. A Contractor is deemed to perform a CUF by executing all of the following:

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

• Carries out contractual obligations by performing, managing, or supervising the work involved.

• Performs work that is normal for its business services and functions.

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

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

• Its role is not an extra participant in the transaction, contract, or project through which funds are passed in order to obtain the appearance of DVBE participation.

The Department will determine, to the best of its ability, that the Contractor meets the criteria above for CUF. In responding to this RFP, the Proposer is confirming that, under Government Code Section 14837 (d)(4), your business provides goods and/or services that meet the definition of CUF. All Proposers are required to provide CUF documentation using the Bid/Bidders Declaration, included in this RFP. When completing the declaration, Proposers must identify all subcontractors proposed for participation in the contract. Any Proposer awarded a contract is contractually obligated to use the subcontractor for the corresponding work defined unless the Department agrees to a substitution.

V. Required Attachments

Attachment 1: Required Attachment Checklist

A complete proposal package should include all of the items identified below.

Complete and return this checklist to confirm the items in your proposal. Place a check mark or “X” next to each item that you are submitting to the State. For your proposal to be responsive, all required attachments should be returned and this attachment shall be signed.

Attachment Attachment Name/Description

☐ Attachment 1 Required Attachment Checklist (this page or a copy of this page)

☐ Attachment 2 Bid Sheet and Response

☐ Attachment 3 Bid/Bidder Certification Sheet

☐ Attachment 4 Bid/Bidder Declaration

☐ Attachment 5 Darfur Act Certification

☐ Attachment 6 Disabled Veteran Business Enterprise Declarations (STD 843)

☐ Attachment 7 References (3)

☐ Attachment 8 California Civil Rights Laws Certification (Proposals expected to meet/exceed $100,000)

☐ Attachment 9 Iran Act Certification (Proposals expected to meet/exceed $1,000,000)

☐ Attachment 10 Economic Incentive Program TACPA Preference Request for Goods and Services Solicitations (STD 830) (Required if TACPA Preference is included)

☐ Attachment 11 Bidder’s Summary of Contract Activities and Labor Hours (DGS/PD

526) (Required if TACPA Preference is included)

☐ Attachment 12 Generative Artificial Intelligence (GenAI) Disclosure and Factsheet

Printed Name: _________________________

Title: _________________________

Signature: _________________________

Attachment 2: Bid Sheet and Response

A Bid Sheet and Response shall be submitted with your proposal package in the format below.

By submitting a proposal, the Proposer is accepting the terms and conditions contained in this solicitation. The Proposer hereby proposes and agrees to furnish all labor, materials, and equipment, to perform all work described herein, and such addenda thereto as may be issued prior to the submission deadline.

The Proposer is required to bid on each item. Failure to indicate a dollar amount in any item, or a zero-dollar ($0.00) amount listed for any item will be interpreted and understood by the Department to mean that the Proposer is indicating a zero-dollar ($0.00) amount, and will perform any such services, up to and including the quantity indicated, at no cost to the Department.

In the event of a computational error, unit prices will prevail over extended totals. The Department will check bid calculations and recalculate bid totals.

The total will be determined by adding all of the maximum allowable costs together.

Project Manager Title: _____________________________________________________________

Task Number and

Name:

Staff Position Title Hourly Rate Number of

Hours Maximum Allowable Cost

1 $ 2 $ 3 $ 4 $ 5 $ Total: $

Printed Name: _________________________

Title: _________________________

Signature: _________________________

Attachment 3: Bid/Bidder Certification Sheet

This Bid/Bidder Certification Sheet shall be signed (original signature) and returned. By signing this Certification Sheet, the Proposer is declaring that:

• All required attachments are included with this certification sheet.

• The signature affixed hereon and dated certifies compliance with all the requirements of this solicitation.

• The signature below is the authorized signer and authorizes the verification of this certification.

1. Company Name 2. Telephone Number

3. Email Address

4. Address

5. Indicate your organization type:

Indicate the applicable employee and/or corporation number:

6. Federal Employee ID No. (FEIN) 7. California Corporation No.

8. Indicate applicable license and/or certification information:

9. Bidder’s Name (Print) 10. Title

11. Signature 12. Date

13. Are you, or a subcontractor providing at least 25% (twenty five percent) of the work on this contract certified with the Department of General Services, Office of Small Business or Disabled Veteran Business Enterprise as:

a. California

Small Business Yes No

If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No

If yes, enter your service code below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSDS, if an application is pending:

Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers Instructions

1, 2, 3, 4 Shall be completed. These items are self-explanatory.

A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation.

The sole proprietor is solely liable for all the debts of the business.

A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them.

An association of two or more persons to carry on, as co-owners, a business for profit.

A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

The other option would consist of non-sole proprietorships, partnerships, or corporations.

6 Enter your federal employee tax identification number.

Enter your corporation number…