IFB_25-001_Language_Proficiency_Services.pdf

September 5, 2025

INVITATION FOR BID

NOTICE TO PROSPECTIVE BIDDERS

You are invited to review and respond to this Invitation for Bid (IFB). In submitting your bid, you must comply with the instructions and requirements found herein.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions that may be viewed at Internet site http://www.dgs.ca.gov/ols/Resources. If you do not have Internet access, a hard copy can be provided by contacting the person listed below via email.

In the opinion of the California Department of Cannabis Control, this IFB is complete and without need of explanation. However, if you have questions or need any clarifying information, please contact the person listed below.

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

All bids shall include the documents identified on the attached checklist entitled “Required Documents” on page 15 and acknowledge and meet the deliverables listed on pages 3-5.

Proposals not including the required documents and deliverables shall be deemed non-responsive.

Questions regarding this IFB must be submitted via email to Ha Dang at acquisitions@cannabis.ca.gov. Question submissions are due no later than September 12, 2025 at 02:00 PM. Questions submitted will be answered via an addendum to the solicitation.

Ha Dang Acquisitions Analyst Acquisitions Unit Administrative Division acquisitions@cannabis.ca.gov

California Department of Cannabis Control ● 2920 Kilgore Road ● Rancho Cordova, California 95670 State of California Telephone: 844-612-2322 ● email: info@cannabis.ca.gov ● www.cannabis.ca.gov Gavin Newsom, Governor http://www.dgs.ca.gov/ols/Resources http://www.dgs.ca.gov/ols/Resources mailto:acquisitions@cannabis.ca.gov mailto:jort.lijklema@cannabis.ca.gov mailto:acquisitions@cannabis.ca.gov mailto:info@cannabis.ca.gov http://www.cannabis.ca.gov/

Table of Contents

SECTION PAGE(S)

1. Description of Services 3-6

2. Bidder Minimum Qualifications 6

3. Bid Requirements and Information

A. Key Action Dates 6

B. Contract Period 7

C. Submission of Bid 7

D. Evaluation and Selection 8

E. Award and Protest 8

F. Disposition of Bids 8-9

G. Agreement Execution and Performance 9

H. Termination 9

I. Preference Programs and Participation Requirements 9-10

Additional Provisions 11-14

Required Documents 15

Attachments

A - Cost Proposal 16-17

B - CCC-4/2017 18-20

C - Contractor Status Form 21

D - Disabled Veteran Business Enterprise Declarations, Std. 843 22-27

E - Bidder Declaration, GSPD-05-105 28-30

F - Commercially Useful Function 31-32

G - Postconsumer-Content Certification 33-34

H - Darfur Contracting Act Certification 35

I - California Civil Rights Laws Attachment 36

J - Payee Data Record, Std. 204 37-38

Sample Contract Package 39-47

INVITATION FOR BID (IFB)

Notice to Prospective Bidders

IFB # 25-001

Language Proficiency Services

1. Description of Services

The Department of Cannabis Control (DCC) is in need of a contractor to provide bilingual proficiency tests and certifications.

Contractor agrees to provide to the Department of Cannabis Control (DDC) the services described herein.

The Contractor shall provide spoken and written language proficiency and competency examinations and/or testing with test scores being on the Inter-Agency Language Roundtable (ILR) scale that meet the American Society for Testing Materials (ASTM) standard and have an appropriate exam pass-point in place, for DCC employees testing for competency in the language identified by DCC.

Service shall be a maximum total of one hundred fifty (150) online certified examinations and/or testings of each type identified below:

• Listening and Speaking Proficiency

• Reading Proficiency

• Writing Proficiency

Service Location

The Contractor is required to perform all services under this Agreement virtually (through the internet), or by telephone.

Service Hours

The Contractor is required to perform all services under this Agreement during normal working hours, 8:00 am to 5:00 pm Pacific Standard Time, Monday through Friday, except State Holidays. When not possible, service hours must align with DCC staff working days and times. Timing of staff interaction shall comply with all applicable laws, rules, regulations, bargaining contracts, etc., and shall be consistent with testing requirements.

Background

Government Code 7290 et Seq., also known as the Dymally-Alatorre Bilingual Services Act, mandates state agencies that provide information or services to the public employ sufficient qualified bilingual persons in public contact positions to ensure that non-English speaking persons receive the same information and services as English speaking persons.

A qualified bilingual person must be tested and certified as proficient in both English and the non- English language(s).

A. CONTRACTOR SHALL:

• Provide language proficiency assessments through online or telephone appointments for both listening and speaking, reading and/or writing, on a scheduled date and time convenient to the test taker (within their assigned start and end times) and the Contractor.

• When applicable, provide proctor and/or proctor service to verify the identity of the test taker and actively monitor testing session to ensure the integrity of the testing process is not compromised.

• Provide 24/7 online unique access to contractor’s portal specifically for DCC for access to testing process is not compromised.

• Provide 24/7 online unique access to the testing portal specifically for DCC for scheduling and conducting examinations and/or testing in the language identified by DCC.

• Provide an assessment results report with Interagency Language Roundtable (ILR) and/or

American Council on the Teaching of Foreign Languages (ACTFL) scoring.

• Assess fluency in various languages in a general context setting, including but not limited to, the CalHR Language Access Line Posters (Attachment 2) and the SPB-937 State Personnel Board Language Identification Guide (Attachment 3).

• Respond within 24 hours of exam request.

• Provide a list of available exams languages, including but not limited to, the CalHR Language

Access Line Posters (Attachment 2) and the SPB-937 State Personnel Board Language Identification Guide (Attachment 3), and Spanish, Chinese -- Cantonese, Chinese – Mandarin, Korean, Tagalog, Vietnamese, Armenian, Farsi, Bulgarian, French, Hmong, and Russian.

• Notify DCC a minimum of forty-eight (48) hours in advance if for any reason the exam cannot be performed, needs to be rescheduled, and/or cancelled.

• Provide certification of language proficiency for all double rated tests.

• Certified Listening and Speaking Proficiency Examination and/or Testing o This assessment built on ASTM standards, shall be conducted online at a date/time/location convenient to the DCC test taker, Contractor, and Contractor-provided proctor, and should take no longer than thirty (30) minutes to complete. This assessment shall be administered over live internet video and/or through an internet portal (whichever is appropriate) with a (live, if applicable) ACTFL/ILR certified evaluator/tester and can be conducted at any location with a computing device, camera, microphone, and/or internet access. The assessment is scored by a trained ACTFL/ILR certified evaluator(s) and/or native speakers of the target language. The test summary report, delivered within one (1) to five (5) business days, includes comments for each scoring category. The overall score is assigned on the ILR scale. Along with the test summary report, Contractor will provide a Certificate of Language Proficiency displaying the ILR score(s), test taker name, type of test, language of the test and date of the certification and expiration date.

o This assessment evaluates a candidate’s listening and speaking proficiency by asking a series of open-ended questions that are designed to elicit the full range of language skills in the target language evaluated. Each question prompts candidates to perform a speaking tasks such as giving a description, talking about a hypothetical event, providing an opinion and/or others. The test evaluates only the candidate’s use of language. There are a minimum of four scoring categories: communication, comprehension, grammar, and vocabulary, and others if necessary and/or applicable.

• Certified Reading Proficiency Examination and/or Testing o This assessment built on ASTM standards, shall be conducted online at a date/time/location convenient to the DCC test taker, Contractor, and Contractor-provided proctor, and should take no longer than sixty (60) minutes to complete. The assessment shall be administered over live internet video and/or through an internet portal (whichever is appropriate) with a (live, if applicable) ACTFL/ILR certified evaluator/tester and can be conducted at any location with a computing device, camera, microphone, and/or internet access. The assessment is scored by a trained ACTFL/ILR certified evaluator(s) and/or native speakers of the target language. The test summary report, delivered within one (1) to five (5) business days, includes comments for each scoring category. The overall score is assigned on the ILR scale. Along with the test summary report, Contractor will provide a Certificate of Language Proficiency displaying the ILR score(s), test taker name, type of test, language of the test and date of the certification and expiration date.

o This assessment evaluates a candidate’s reading proficiency by presenting to the test taker specific reading passages, and the test taker is given multiple questions with multiple choice options per reading passage to respond to. Each question shall target a specific reading skill: understanding the main idea of a text, understanding a stated detail, understanding an implied detail, or making an inference, and other reading skills as appropriate and/or necessary.

• Certified Writing Proficiency Examination and/or Testing o This assessment built on ASTM standards, shall be conducted online at a date/time/location convenient to the DCC test taker, Contractor, and Contractor-provided proctor, and should take no longer than sixty (60) minutes to complete. This assessment shall be administered over live internet video and/or through an internet portal (whichever is appropriate) with a (live, if applicable) ACTFL/ILR certified evaluator/tester and can be conducted at any location with a computing device, camera, microphone, and/or internet access. The assessment is scored by a trained ACTFL/ILR certified evaluator(s) and/or native speakers of the target language. The test summary report, delivered within one (1) to five (5) business days, included comments for each scoring category. The overall score is assigned on the ILR scale. Along with the test summary report, Contractor will provide a Certificate of Language Proficiency displaying the ILR score(s), test taker name, type of test, language of the test and date of the certification and expiration date.

o This assessment evaluates writing proficiency by asking candidates to respond to specific writing open ended prompts designed to elicit writing samples in the target language. Each prompt elicits candidates to perform certain written tasks such as writing a letter, giving an opinion, or describing a rule or procedure, and/or others. The candidate writes their response to each writing prompts. There are a minimum of four scoring categories:

comprehension, mechanics, expression, and overall, and other factors if necessary and/or applicable.

o Provide an invoice after services are rendered.

Deliverables

• Online portal for employee testing and obtaining testing and assessment results or other efficient method for providing results to DCC.

• List of languages that includes but not limited to, the CalHR Language Access Line Posters (Attachment 2) and the SPB-937 State Personnel Board Language Identification Guide (Attachment 3) that employees can be certified in using the IRL scale and the method by which the exam would be administered if there a different exam types available.

• Timeline for testing and receipt of results.

• Certificate upon completing the exam that details the name of the person, what language was tested, the IRL score, and the expiration date of the certification if applicable.

B. DCC SHALL:

• Approve and process invoices for services satisfactory rendered.

• Schedule assessments in advance.

• If needing to reschedule exam, provide 24-hour notice to the Contractor.

• Notify Contractor of all concerns related to service or invoicing.

2. Bidder Minimum Qualifications

Per CalHR requirement, to serve as an in-person or “live” proctor (conducting tests) or a rater (evaluating test results) in determining fluency testing of employees, a proctor or scorer must hold an equivalent to at least “3” in Listening, Reading and Speaking on the ILR scale.

The Contractor shall perform a commercially useful function relevant to this solicitation and provide services or goods that contribute to the fulfillment of the contract requirements. To be considered the contractor/subcontractor must meet the following criteria:

A. Is responsible for the execution of a distinct element of the work of the contract.

B. Carries out the obligation by actually performing, managing, or supervising the work involved.

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

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

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

A contractor, subcontractor, or supplier will not be considered to perform a Commercially Useful Function if the contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed through solely to be qualified to submit a proposal or awarded the contract.

3. Bid Requirements and Information

A. Key Action Dates

It is recognized that time is of the essence. All bidders submitting bids are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

• IFB available to prospective bidders ............................................... September 5, 2025

• Emailed questions must be received by 2:00 PM............................. September 12, 2025

• Response to Written Questions no later than 5:00 PM ....................October 3, 2025

• Final Date for Bid Submission no later than 5:00 PM ....................... October 17, 2025

• Opening of Cost Proposal ................................................................ October 20, 2025

• Expected Start Date of Contract ...................................................... November 10, 2025

• Notice of Proposed Award Date to occur 1-5 workdays after “Opening of Cost Proposal”

B. Contract Period The term of this agreement is November 10, 2025, or upon approval, through June 30, 2028.

C. Submission of Bid

1) Bids must be submitted via email to acquisitions@cannabis.ca.gov. The subject line of the email must read as follows: Bid Number, Your Organization’s Name. All bid documents must be in PDF format. AS the identified point of contact, please obtain acceptable e-signature(s) from your company’s authorized representative. Acceptable forms of e-signature include:

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

PDF format.

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

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

2) Bids will not be accepted from Expatriate Corporations, and bids from primes subcontracting with

Expatriate Corporations will not be accepted.

3) If the bid is made under a fictitious name or business title, the actual legal name of the proposer must be provided.

4) All bids shall include the documents identified on the attached checklist entitled “Required

Documents” on page 15. Proposals not including the required documents shall be deemed non-responsive.

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

6) A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. DCC may waive any immaterial deviation in a bid. DCC’s waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

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

8) Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the State of California.

9) A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting anew bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

10) A bidder may withdraw its bid by submitting a written withdrawal request to DCC, signed by the bidder or an authorized agent of their firm. Bids may not be withdrawn without cause after the bid submission deadline.

11) DCC may modify this IFB prior to the date fixed for submission of bids by posting an addendum with the original advertisement on Cal eProcure.

mailto:acquisitions@cannabis.ca.gov

12) DCC reserves the right to reject any and all bids. DCC is not required to award an agreement.

13) Before submitting a response to this solicitation, bidders should review, correct all errors and confirm compliance with the IFB requirements.

14) Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

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

16) Questions regarding this IFB must be submitted to Ha Dang, acquisitions@cannabis.ca.gov.

D. Evaluation and Selection

1) At the time of bid opening, each bid will be checked for the presence or absence of required information conformance with the submission requirements of this IFB.

2) The State will evaluate each bid to determine its responsiveness to the published requirements.

3) Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected.

4) Award, if made, will be to the lowest responsive and responsible bid, in accordance with the “Best Value” methodology.

E. Award and Protest

1) Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by email, electronic facsimile transmission, overnight courier, or personal delivery (five) working days prior to the award of the agreement.

2) Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least (five) working days prior to awarding the agreement.

3) If any bidder, prior to the award of agreement, files a protest with the Department of General Services (DGS), Office of Legal Services, and the DCC on the grounds that the (protesting) bidder is the lowest responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter.

4) Within (five) days after filing the initial protest, the protesting bidder shall file with the DGS and the DCC a detailed written statement specifying the grounds for the protest. The written protest must be sent to the DGS, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written protest should be mailed to DCC, Acquisitions Unit, 2920 Kilgore Road, Rancho Cordova, CA 95670. It is suggested that you submit any protest by certified or registered mail.

F. Disposition of Bids

1) Upon bid opening, 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 mailto:acquisitions@cannabis.ca.gov

(Government Code Section 6250 et seq.) and subject to review by the public.

2) Copies of the bid packages may be returned only at the bidder's expense unless such expense is waived by the DCC.

G. Agreement Execution and Performance

1) Service shall be available no later than (30) days, or on the express date set by the DCC and the

Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the DCC, upon (five) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

2) All performance under the agreement shall be completed on or before the termination date of the agreement.

a. The State does not accept alternate contract language from a prospective contractor.

The State’s General Terms and Conditions are not negotiable. (See sample Standard Agreement attached hereto).

H. Termination

The DCC has the authority and express right to terminate any Agreement awarded under this IFB at any time during the term of the Agreement for any reason or if the DCC finds that the Contractor's work is negligent, not satisfactory, or not in accordance with the Agreement requirements.

I. Preference Programs and Participation Requirements

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

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

1) Certified Small Businesses and Microbusinesses Certification Benefits – Certified Small

Businesses or Microbusinesses can claim the five percent (5%) preference when submitting a bid on a State contract. You must provide a copy of the official Certification letter along with your bid.

For information on small business and micro business certification benefits refer to the following DGS Website – https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement- Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business- Enterprise and click on “Small Business.”

2) Target Area Contract Preference Act (TACPA) – Request Target Area Contract Preference

3) Disabled Veteran Business Enterprise (DVBE)

4) DVBE Bid Incentive

Please look carefully at box (a) in this section. If the box is checked, you must respond accordingly to the instructions in this section for your bid to be considered responsive.

https://california.public.law/codes/ca_gov%27t_code_section_6251 https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference?search=tacpa

a. Full Participation Requirements - Requirements are waived for this proposal.

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

If the “Full Participation Requirement" box is checked, you will need to complete and comply with the attached form (Rev. 9/2009) titled “California Disabled Veteran Business Enterprise (DVBE) Program Requirements,” and include it with your Bid.

Specific information regarding the form (Rev. 9/2009), “California Disabled Veteran Business Enterprise (DVBE) Program Requirements,” can be found at the following website:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/Certify-or- Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

If for this agreement contractor made a commitment to achieve Disabled Veteran Business Enterprise (DVBE) participation, then contractor must within 60 days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) certify in a report to the awarding department: (1) the total amount the prime contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the amount each DVBE received from the prime contractor; (4) that all payments under the contract have been made to the DVBE(s); and

(5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Military & Veterans Code (M&VC) § 999.5(d)).

Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid or offer, per Military and Veterans Code 999.5(e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS).

Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.

5) Recycled Content Certification

The State of California is required to purchase recycled content products (RCPs) rather than non- recycled products whenever price, quality, and availability are comparable. Furthermore, each state agency is required to purchase RCPs in sufficient quantities to ensure that mandated RCP procurement goals are attained within eleven product categories. These eleven product categories and their respective minimum recycled content requirements are outlined in Attachment G. Therefore, if two bidders quote the same bid cost amount for services, the State will award the contract to the RCP certified contractor.

In order to help state agencies, identify all reportable purchases and all the reportable RCP purchases, suppliers are mandated by the Public Contract Codes to certify the minimum, if not the exact, recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. The Public Contract Codes require every supplier to certify the minimum, if not the exact recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. A Postconsumer-Content Certification Form (CalRecycle 74) is provided in Attachment G for this purpose. Additional information regarding this program can be obtained at the following web site: https://www.calrecycle.ca.gov/StateAgency/.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.calrecycle.ca.gov/StateAgency/

ADDITIONAL PROVISIONS

CONTRACT AND SUBCONTRACT COMPLIANCE REQUIREMENTS

The Contractor shall ensure its officers, agents and employees will fully cooperate with any/all investigations conducted by the Department of Cannabis Control’s Equal Employment Opportunity and Human Resources Offices and will require the same of any subcontractors or consultants used pursuant to this agreement.

UNFAIR PRACTICES ACT

Contractor hereby certifies that he/she will comply with the requirements of Section 17200 of the Business and Professions Code.

CONFLICT OF INTEREST

Contractor certifies that its employees and the officers of its governing body shall avoid any actual or potential conflicts of interest, and that no officer or employee who exercises any functions or responsibilities in connection with this Agreement shall have any personal financial interest or benefit which either directly or indirectly arises from this Agreement.

Contractor shall establish safeguards to prohibit its employees or its officers from using their positions for a purpose which could result in private gain, or which gives the appearance of being motivated for private gain for themselves or others, particularly those with whom they have family, business, or other ties.

LICENSE AND PERMIT REQUIREMENTS

The Contractor shall be an individual or firm properly licensed to do business in California in accordance with the laws of the State of California and shall obtain at his/her expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this agreement.

If you are a Contractor located within the State of California, a business license from the city/county in which you are headquartered is necessary; however, if you are a corporation, a copy of your incorporation documents/letter from the Secretary of State’s Office can be submitted. If you are a Contractor outside the State of California, you will need to submit to the DCC a copy of your business license or incorporation papers for your respective state showing that your company is in good standing in that state.

In the event any license(s) and/or permit(s) expire at any time during the term of this contract, Contractor agrees to provide agency a copy of the renewed license(s) and/or permit(s) within 30 days following the expiration date. In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate this agreement upon occurrence of such event.

Licensed contractors must observe professional standards for quality work, or the California Contractors State License Board will invoke disciplinary action.

Should the State of California determine that the work or materials provided vary materially from the specifications, or that defective work when completed was not performed in a workman like manner, then the Contractor warrants that he/she shall perform all necessary repairs, replacement and corrections needed to restore the property according to the agreement plans and specifications, all at no further or additional cost to the State of California.

DISPUTES

Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time (ten business days) by the Contractor and DCC Division Contract Manager normally responsible for the administration of this contract shall be brought to the attention of the Branch Chief of Operations or the designated representative and the Contractor for joint resolution.

INSURANCE REQUIREMENTS

Contractor shall comply with all requirements outlined in the (1) General Provisions section and (2) Contract Insurance Requirements outlined in this section. No payments will be made under this contract until contractor fully complies with all requirements.

1. General Provisions Applying to All Policies

a. Coverage Term – Coverage needs to be in force for the complete term of the contract. If insurance expires during the term of the contract, a new certificate must be received by the State at least ten

(10) days prior to the expiration of this insurance. Any new insurance must comply with the original contract terms.

b. Policy Cancellation or Termination & Notice of Non-Renewal – Insurance policies shall contain a provision stating coverage will not be cancelled without 30 days prior written notice to the State.

New certificates of insurance are subject to the approval of the Department of General Services and the Contractor agrees no work or services will be performed prior to obtaining such approval. In the event Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this contract upon the occurrence of such event, subject to the provisions of this contract.

c. Premiums, Assessments and Deductibles – Contractor is responsible for any premiums, policy assessments, deductibles or self-insured retentions contained within their insurance program.

d. Primary clause – Any required insurance contained in this contract shall be primary and not excess or contributory to any other insurance carried by the State.

e. Insurance Carrier Required Rating – All insurance carriers must carry an AM Best rating of at least an “A- “with a financial category rating of no lower than VI. If the contractor is self-insured for a portion or all of its insurance, documentation of self-insurance must be submitted and approved by the Department of General Services, Office of Risk, and Insurance Management.

f. Endorsements – Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

g. Inadequate Insurance – Inadequate or lack of insurance does not negate the contractor’s obligation under the contract.

h. Use of Subcontractors – In the case of Contractor’s utilization of subcontractors to complete the contracted scope of work, the contractor shall include all subcontractors as insured under Contractor’s insurance or supply evidence of subcontractor’s insurance to the State equal to policies, coverages and limits required of the Contractor.

LIABILITY AND DAMAGES

The Contractor shall be liable for any damages by the Contractor or his employees to portions of buildings, premises equipment, furniture, material, or other DCC property. Damage resulting from the services provided will be repaired or items will be replaced by the Contractor to the satisfaction of the DCC at no expense to the DCC.

Any items lost or stolen while in the Contractor’s custody will be replaced by the Contractor at no expense to the

DCC.

QUALIFICATIONS

The prospective contractor must have the experience, qualifications, and resources to perform the work required by this agreement.

MULTIPLE CONTRACTORS

The DCC may undertake or award other contractors for additional work and the Contractor shall fully cooperate with other contractors and State employees.

SUBCONTRACTORS

Contractor shall obtain prior approval from DCC before hiring subcontractors, consultants, or both. The total amount of all subcontracts shall not exceed $50,000 or 25% of the total amount of the contract, whichever is less, unless the Contractor can provide certified documents that award was made through a competitive bidding process requiring at least three bids from responsible bidders.

All subcontractors identified shall be experts in their respective disciplines and capable of performing the tasks for which they were hired. Subcontractors shall have extensive experience in their area of expertise, with particular emphasis on prior experience on similar programs or projects that clearly illustrate their expertise in areas essential to the DCC.

The Contractor must use the Small Business and/or Disabled Veterans Business Enterprise (DVBE) subcontractor(s) identified in the Small Business/DVBE Participation Summary submitted with the bid unless the Contractor requests substitution in writing to the DCC prior to the subcontractor performing any work and the DCC approves such substitution.

POTENTIAL SUBCONTRACTORS

Nothing contained in this agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder.

The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to the subcontractor.

PRIORITY HIRING CONSIDERATIONS

The contractor is hereby advised that it will be obligated to give priority consideration in filling vacancies in positions funded by the resulting Agreement to qualified recipients of and under Welfare and Institutions Code Section 11200. This requirement shall not interfere with or require a violation of a collective bargaining agreement, a federal affirmative action obligation for hiring disabled veterans of the Vietnam era or nondiscrimination compliance laws of California and does not require the employment of unqualified recipients of aid.

FORCE MAJEURE

Except for defaults of any subcontractors, neither party shall be responsible for any delay in or failure of performance from acts beyond the control of the offending party. Such acts shall include, but shall not be limited to, acts of God, fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or governmental statutes or regulations superimposed after the fact. If a delay or failure in performance by the Contractor arises out of a default of its subcontractor, and if such default of its subcontractor, causes beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for damages of such delay or failure, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required performance schedule.

AMERICAN DISABILITIES ACT

By signing this contract, the contractor assures the State that it complies with the American Disabilities Act (ADA) of 1990 (42 USC § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as with all applicable regulations and guidelines issued pursuant to the ADA.

NATIONAL LABOR RELATIONS CERTIFICATION

By signing the contract, the Contractor swears under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal court has been issued against the contractor within the immediately preceding two (2) year period because of the Contractor’s failure to comply with an order of a Federal court, which orders the Contractor to comply with an order of the National Labor Relations Board.

GENAI

During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractors shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology.

At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts further functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief it may be entitled to as a result of such non-disclosure.

The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State.

CONTRACT TERMS AND CONDITIONS

The following terms and conditions may apply to this IFB and the resulting Agreement:

Information Technology General Provisions – (Cloud Computing Services) – GSPD-ITGP (Cloud) https://www.dgs.ca.gov/~/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP- CloudRevised-and-Effective-111224.docx

Information Technology General Provisions – (Non-Cloud Goods and Services) – GSPD-ITGP (Non-Cloud) https://www.dgs.ca.gov/~/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP- NonCloudRevised-and-Effective-111224.docx https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.dgs.ca.gov/%7E/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP-CloudRevised-and-Effective-111224.docx https://www.dgs.ca.gov/%7E/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP-CloudRevised-and-Effective-111224.docx https://www.dgs.ca.gov/%7E/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP-NonCloudRevised-and-Effective-111224.docx https://www.dgs.ca.gov/%7E/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP-NonCloudRevised-and-Effective-111224.docx

REQUIRED DOCUMENTS

The following documentation must be submitted for your bid to be considered responsive. Please write “N/A” on any form that is not applicable to you and initial the bottom of each form.

Attachment A, Cost Proposal Bid Sheet

Attachment B, Contract Certification Clauses – CCC – 4/2017

Attachment C, Contractor Status Form

Attachment D, STD. 843 Disabled Veteran Business Enterprise Declarations

Attachment E, GSPD-05-105 Bidder Declaration

Attachment F, Commercially Useful Function

Attachment G, Recycling Content Certification

Attachment H, Darfur Contracting Act

Attachment I, California Civil Rights Laws Attachment

Attachment J, STD. 204 Payee Data Record

Attachment 1, Cost Worksheet

Copy of Business License, professional certifications, or other credentials

If corporation, proof that business is in good standing and qualified to conduct business in California

If a nonprofit organization, proof of nonprofit status

If claiming "Small Business Certification" please attach certification

All required Standard (Std.) forms may be obtained at the following Department of General Services website: https://www.dgs.ca.gov/PD/Forms https://www.dgs.ca.gov/PD/Forms

Attachment A

COST PROPOSAL

IFB NO. # 25-001

Complete this form and submit in accordance with the requirements of this IFB. Bidder proposes that the services required in this IFB shall be provided to DCC for the following cost:

Term Quantity Proposed Product Description Unit Cost Extension Cost

Upon Approval

- 06/30/2026

50 Certified Listening and Speaking Proficiency Examination and/or Testing

Upon Approval

- 06/30/2026

50 Certified Reading Proficiency Examination and/or Testing

Upon Approval

- 06/30/2026

50 Certified Writing Proficiency Examination and/or Testing

Year 1 Total $

07/01/2026 - 06/30/2027

50 Certified Listening and Speaking Proficiency Examination and/or Testing

07/01/2026 - 06/30/2027

50 Certified Reading Proficiency Examination and/or Testing

07/01/2026 - 06/30/2027

50 Certified Writing Proficiency Examination and/or Testing

Year 2 Total $

07/01/2027 - 06/30/2028

50 Certified Listening and Speaking Proficiency Examination and/or Testing

07/01/2027 - 06/30/2028

50 Certified Reading Proficiency Examination and/or Testing

07/01/2027 - 06/30/2028

50 Certified Writing Proficiency Examination and/or Testing

Year 3 Total $

Grand Total Cost

I hereby certify that I am authorized to sign this Cost Sheet and warrant that the cost shown above is accurate and represents an unconditional offer to the California Department of Cannabis Control:

Submitted By

Company Name

Company Address

Telephone Number

Authorized Official and Title

By (Authorized Signature) Date

CCC 04/2017 Attachment B

CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County of

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-

Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

1) the dangers of drug abuse in the workplace;

2) the person's or organization's policy of maintaining a drug-free workplace;

3) any available counseling, rehabilitation, and employee assistance programs; and,

4) penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the proposed Agreement will:

1) receive a copy of the company's drug-free workplace policy statement; and,

2) agree to abide by the terms of the company's statement as a condition of employment on the

Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov.

Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub.

Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full-time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and

10286.1 and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:

a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child laborer exploitation of children in sweatshop labor.