Addendum_1_-_DBE,CM,_GenAI,_and_SOQ.pdf

“Provide a safe and reliable transportation network that serves all people and respects the environment.”

STATE OF CALIFORNIA------- CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF TRANSPORTATION

DIVISION OF PROCUREMENT AND CONTRACTS

1727 30TH STREET – MS 65

SACRAMENTO, CA 95816

PHONE (916) 227-6000

TTY 711

www.dot.ca.gov

Making Conservation a California Way of Life.

October 20, 2025

REQUEST FOR QUALIFICATIONS (RFQ) NOTICE NUMBER 04A7385

ADDENDUM NO. 1

A&E On-Call Roadway Construction Material Sampling and Testing

The purpose of this Addendum is for the Department to provide responses and/or clarification for the following concerns:

1. Disadvantaged Business Enterprise Program changes

2. Consultant Contract Manager experience requirements

3. Vendor clarification for SOQ Instructions (dated 10/07/2020), Section II. Definitions, Item O

4. Executive Order (EO) N-12-23 as it relates to the use of Generative Artificial Intelligence (GenAI) replaces Executive Order N-12-12 and retires GenAI Reporting and Factsheet Form STD1000.

1. Disadvantaged Business Enterprise Program changes

On September 30, 2025, the U.S. Department of Transportation (U.S. DOT) issued an interim final rule (IFR) which, among other things, implemented changes to the Disadvantaged Business Enterprise (DBE) Program via modifications to 49 Code of Federal Regulations Part 26. (Docket Number DOT- OST-2025-0897.) The IFR was published in the Federal Register on October 3, 2025, and took immediate effect. (90 FR 47969 (Oct. 3, 2025).)

• Interim Final Rule in Federal Register: Federal Register :: Disadvantaged Business Enterprise Program and Disadvantaged Business Enterprise in Airport Concessions Program Implementation Modifications

• U.S. DOT DBE Interim Final Rule Guidance: DBE IFR Guidance.9-30-2025.pdf

Consistent with the IFR, as an interim action, below are DBE program changes applicable to this RFQ. In the event of any ambiguity or discrepancy between the existing law, including the IFR, and the contract, existing law controls.

A. In the Request for Qualifications Notice

1) The following paragraph on the first page has been removed in its entirety:

“Proposers are advised that Caltrans has established a federally mandated overall annual DBE goal comprising both race neutral and race conscious elements to ensure equal participation of DBE groups specified in 49 CFR 26.5. In compliance with 49 CFR 26, Caltrans set a contract goal for DBEs participating in this solicitation expressed as a http://www.dot.ca.gov/ https://www.federalregister.gov/documents/2025/10/03/2025-19460/disadvantaged-business-enterprise-program-and-disadvantaged-business-enterprise-in-airport#addresses https://www.federalregister.gov/documents/2025/10/03/2025-19460/disadvantaged-business-enterprise-program-and-disadvantaged-business-enterprise-in-airport#addresses https://www.federalregister.gov/documents/2025/10/03/2025-19460/disadvantaged-business-enterprise-program-and-disadvantaged-business-enterprise-in-airport#addresses https://www.transportation.gov/sites/dot.gov/files/2025-09/DBE%20IFR%20Guidance.9-30-2025.pdf

RFQ 04A7385 - Addendum No. 1 Date October 20, 2025

“Provide a safe and reliable transportation network that serves all people and respects the environment.”

percentage of the total dollar value of the resultant Agreement. The DBE participation goal for this solicitation is zero percent (0%). See section I.H. in this RFQ for requirements.”

2) In Section I, subsection H – Disadvantaged Business Enterprise Program has been removed in its entirety.

3) In Section I, subsection L, has been changed to read the following:

“Contract boilerplate can be obtained on the AE Contract Information website. The contract boilerplate version shown on the website is in the process of being modified to ensure compliance with current federal direction.”

B. In the Statement of Qualifications Submittal Instructions and General Contract Process

Information

1) Under section III – Requirements for Statements of Qualifications (SOQS), Section 1 – Transmittal Letters/Goal Documentation, subsection F, item 1 – Disadvantaged Business Enterprise Goals has been removed in its entirety.

2) Under section IV - Participation Goals, section A – Disadvantaged Business Enterprise

Participation Goal has been removed in its entirety.

C. In the A&E Consultant’s SOQ Responsiveness Checklist

1) Under Section 1 – Transmittal Letters/Goal Documentation, item Goal Documentation (unless exempt), the following has been removed in its entirety:

• Disadvantaged Business Enterprise (DBE) Goals o Copy of DBE database printout for proof of firm’s certification o ADM-0227F o Good Faith Effort Documentation, ADM-0312F

2. Consultant Contract Manager experience requirements

Question:

It has been noted that firms are being deemed non-responsive due to the Consultant Contract Managers not meeting the minimum five (5) years of Consultant Contract Manager experience for

“Provide a safe and reliable transportation network that serves all people and respects the environment.”

similar services requirement. How is Caltrans determining what meets the five (10) years’ experience?

Department Response:

Statement of Qualifications (SOQ) Submittal Instructions and General Contract Process Information, II. DEFINITIONS, Item P has been added to clarify the minimum five (5) years of responsible experience performing the duties as a Consultant Contract Manager.

P. The Consultant Contract Manager shall have minimum five (5) years of responsible experience performing the duties as a Consultant contract manager leading a team of A&E firms for similar A&E Services as identified in the RFQ for A&E On-Call Roadway Construction Material Sampling and Testing Services contracts, and minimum ten (10) years of documented demonstrated experience acceptable to Caltrans in delivering A&E On-Call Roadway Construction Material Sampling and Testing Services. The Consultant Contract Manager shall be an employee of the Prime Consultant firm.

For each cumulative set of competence, the minimum five (5) years of Consultant Contract Manager experience and 10 years minimum project delivery experience as per the RFQ, each gained from multiple projects at various times, shall be in serial (not in parallel order), with the total time not accounting for double counting for or any overlapping within each set of the two types of competence.

This specific Consultant contract management experience shall be detailed for each relevant project listed in the resumes section, of the Statement of Qualifications (Section E of the Standard Form 330) with a brief project description however provide significant details of previous role that best demonstrates the person's capability and experience relevant to his/her proposed role in this contract and consistent with the RFQ.

Specifically for the five years of responsible experience performing the duties as a Consultant Contract Manager, the other Project Manager, Design Manager, Lead Designer, and other lead role position experiences will not qualify for the Consultant Contract Manager experience as outlined in the RFQ for Personnel Requirements under Consultant Contract Manager.

See RFQ for additional description of the minimum of five (5) years of responsible experience performing the duties as a Consultant Contract Manager.

See RFQ for additional description of the minimum of ten (10) years of responsible experience in delivering A&E On-Call Roadway Construction Material Sampling and Testing Services contracts work.

3. Vendor clarification for SOQ Instructions (dated 10/07/2020), Section II. Definitions, Item O

Question:

Page 3, item O of the SOQ Submittal Instructions states that “Vendor services will require a minimum of three bids to be submitted to the Caltrans Contract Manager at the time these services

“Provide a safe and reliable transportation network that serves all people and respects the environment.”

are required at the Task Order level.” This is in conflict with information shared at multiple outreaches throughout the past year and via addenda to similar contracts. Can you please confirm if three bids will indeed be required?

Department Response:

SOQ Instructions (dated 10/07/2020), Section II. Definitions, Item O, first and second paragraph is amended to read as follows: “O. Vendor Services are Trade services incidental to the core A&E services. Firms providing Trade services will be required to submit their rate sheets (in lieu of bids) listing each item with its corresponding unit cost, inclusive of all direct and indirect costs used for all clients. Vendor rate sheets shall not include individual personnel labor rates. The Department will scrutinize the vendor Rate Sheets and Prime’s supporting documentations for fair and reasonableness of vendor rate sheets during cost negotiation phase.

Vendor name and description of services shall be clearly identified in the Prime’s transmittal letter and other sections of the SOQ as noted.

Note: All Vendors and the associated service descriptions shall be listed in the SOQ. DBE and Non- DBE vendor names should be identified in the SOQ and include their respective Transmittal Letter accompanied with the A&E Conflict of Interest forms.

4. Executive Order N-12-23 GenAI Technology Use and Reporting

A. 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.

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

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

D. Upon notification by the consultant of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject SOQ’s that present an unacceptable level of risk to the State.

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

“Provide a safe and reliable transportation network that serves all people and respects the environment.”

Effective February 20, 2025:

Transmittal letters in all Statement of Qualifications (SOQ) from the prime consultant and all its subconsultants, must disclose the use or non-use of GenAI regardless of technology being used or offered as part of the services provided. Failure to disclose detailed description of the development and deployment to the State may result in disqualification of the procuring of a contract.

All other terms and conditions of the original RFQ Notice dated 10/20/2025, are unchanged.

Please contact Adam Matheny at Adam.Matheny@dot.ca.gov for questions concerning this addendum.

mailto:%20Adam.Matheny@dot.ca.gov

DEPARTMENT OF TRANSPORTATION