AIC-RFP-2024_Revised_10-4-24.pdf

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Arts in Corrections Program Coordinating Organizations RFP 2024-00
Solicitation number
0000032799
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California

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This document is a Request for Proposal (RFP) issued by the California Arts Council (CAC) for its Arts in Corrections (AIC) program. The RFP seeks to contract with nonprofit organizations, tribal governments, arts-related units of government, or other entities (referred to as Coordinating Organizations) to provide arts workshops with Arts Providers in cultural practices, design, literary, media, multidisciplinary, performing, traditional, and visual arts to people currently incarcerated in California Department of Corrections and Rehabilitation (CDCR) adult facilities. Multiple contracts are expected to be awarded with a maximum budget of $86,000 per proposed institution and a total not to exceed $1,500,000 per organization. The contract term will be from November 1, 2024 to September 30, 2025, with the possibility to extend for one additional year.

Proposals should address the scope of work, required competencies, deliverables, and evaluation criteria outlined in the RFP. Preference will be given to proposals that match CDCR's stated needs or are accompanied by a letter of approval from CDCR staff. Coordinating Organizations must demonstrate experience providing arts programming in correctional or comparable settings, as well as the ability to administer the program efficiently and effectively. The RFP also outlines submission requirements, including a Required Attachment Checklist, Proposer Information, Proposed Institution details, and additional documents related to the contractor's responsibilities, references, certifications, and small business status.

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REQUEST FOR PROPOSAL – Secondary Method Release Date: September 17, 2024

Notice to Prospective Proposers: Multiple Awards

Arts in Corrections Program – Coordinating Organizations RFP 2024-00

You are invited to review and respond to this Request for Proposal (RFP) pursuant to Public Contract Code sections 10340 to 10345.1 In submitting your proposal, you must comply with the instructions listed in this RFP document.

Note that all agreements entered with the California Arts Council (CAC) will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at the Internet site:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language

Proposers shall carefully read the entire solicitation. The need to verify all documentation and responses prior to the submission of proposals is the responsibility of the Proposer and cannot be overemphasized. Please ensure insurance requirements and, if applicable, prevailing wages are considered in your proposal amounts.

In the opinion of the CAC, this RFP is complete and without need of explanation. If potential bidders have additional questions regarding intent, expectations, or other topics pertaining to this RFP, they can e-mail the contract analyst, Jonathan Estrada, at Jonathan.estrada@arts.ca.gov, in accordance with the timeline below. All questions will be answered in a public manner (posted online) per the dates outlined under the Key Action Dates. No questions regarding the RFP will be answered in-person, over the phone, or through private email message.

Below are important dates. For all Key Action Dates and additional information, go to page 6:

• Optional Webinar: September 27, 2024 October 1, 2024

• Questions due September 30, 2024 October 2, 2024

• Proposal Submissions due October 14, 2024 o Please see APPENDIX 3 for all the submission details.

1 See State Contract Manual, Volume 1, Section 5.25 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:Jonathan.estrada@arts.ca.gov https://www.artsincorrections.org/ https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting#@ViewBag.JumpTo

The California Arts Council is committed to the accessibility of its online content. If you do not have internet access and need to obtain a hard copy of this RFP, and/or need an interpretation or written translation of this RFP in another language, call (916) 322-7122. Large print is also available upon request.

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

RFP 2024-00 Page 2

Table of Contents I. Optional Feedback Survey II. Purpose of the RFP III. Proposal Template IV. Background V. Scope of Work VI. Institutions VII. Expected Competence and Minimum Qualifications VIII. Deliverables IX. Key Action Dates*

A. Questions about the RFP B. Optional Webinar C. Work Schedule Requirements

X. Additional Submission Notes and Requirements XI. Proposal Evaluation Process XII. Proposal Evaluation

A. Cost of Proposal XIII. Award and Protests XIV. Disposition of Proposals XV. Agreement Execution and Performance XVI. Preference Programs

A. Disabled Veterans Business Enterprise B. Small Business Preference C. Non-Small Business Subcontractor Preference D. Nonprofit Veteran Service Agencies

XVII. Standard Agreement (STD 213) XVIII. Bidder Instructions XIX. Required Attachment Checklist

APPENDIX 1: Glossary of Terms APPENDIX 2: Institutions APPENDIX 3: Submission Instructions and Proposal Template

RFP 2024-00 Page 3

Prior to reading this RFP, we strongly recommend reading the glossary in

APPENDIX 1.

I. Optional Feedback Survey The CAC is committed to the continued assessment of program materials to reflect equitable practices, clarity, and accessibility. To that end, anyone reading this RFP is highly encouraged to complete a survey about this RFP, including those who choose not to submit a proposal.

All responses to the survey will remain anonymous and will not impact a submitted proposal. The survey will take no more than 10 minutes to complete. To access the survey, click here.

II. Purpose of the RFP The CAC’s Arts in Corrections (AIC) program contracts with nonprofit organizations, tribal governments, arts-related units of government, or other entities (also known as Coordinating Organizations) to provide arts workshops with Arts Providers2 in cultural practices, design, literary, media, multidisciplinary, performing, traditional, and visual arts to people currently incarcerated in California Department of Corrections and Rehabilitation (CDCR) adult facilities.

The AIC program upholds the following values:

• People experiencing incarceration are deserving of dignity and respect.

• Policies should dismantle the root causes of incarceration.

• Community-based interventions reduce harm and make communities safer by replacing state-sanctioned systems of retribution and punishment.

• Individual and collective accountability for harm, and the healing of trauma, can create a more safe and just society for all.

The purpose of this RFP is to contract with new, current, and returning Coordinating Organizations to provide AIC programming that promotes healing and well-being through creativity.

Multiple contracts are expected to be awarded through this RFP process.

Proposals may be submitted for up to a maximum budget of $ 86,000 per proposed institution. The maximum budget per organization for all awarded current contracts may not exceed a total of $1,500,000 at any given time.

The term of the awarded contract will be from November 1, 2024, to September 30, 2025, with the possibility to extend the contract up to one year for time only.

2 Arts Providers are individuals highly skilled and trained in their artistic discipline and are experienced teaching artists that lead the arts program.

https://docs.google.com/forms/d/e/1FAIpQLSdMTKE9hGq_Fb0WwPSTxG9GqdnXlwRn4uo_xEkiXZWi8YJv4Q/viewform?usp=sf_link https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Apply-for-or-Renew-Recognition-as-Nonprofit-Organization#@ViewBag.JumpTo

RFP 2024-00 Page 4

III. Proposal Template Proposers must respond to this RFP following all the instructions in this document, including the templates provided (listed below):

• Required Attachment Checklist

• Section 1: Proposer Information

• Section 2: Proposed Institution

• Section 3: Additional RFP Documents

Template instructions, required sections, and attachments begin on APPENDIX 3.

IV. Background Administered by the CAC and made possible via “Memorandum of Understanding” with the CDCR. California's Arts in Corrections program is designed to have a positive impact on the social and emotional well-being of people experiencing incarceration. Arts programs can increase critical thinking skills, build positive relationships, and promote healing and meaningful interactions between participants and their peers, facility staff, loved ones, and other individuals and community groups both inside and outside of the boundaries of their institutions.

To learn more about the history of the program, visit the California Arts in Corrections website.

About the California Arts Council The mission of the California Arts Council, a state agency, is strengthening arts, culture, and creative expression as the tools to cultivate a better California for all.

The vision of the California Arts Council is a California where all people flourish with universal access to and participation in the arts. The values of the California Arts Council are Community, fostering authentic intergenerational and intersectional connections; Accessibility, ensuring inclusion, simplicity, and ease that result in equitable participation; Aesthetics, recognizing all art forms and artistic traditions that enable full and meaningful creative expression; Autonomy with Accountability, empowering responsible generation and allocation of resources;

Relevance, embracing broad influence, bold leadership, and synergistic collaboration for the present while remaining attentive to emerging developments and future needs; Equity, providing service according to need, prioritizing racial injustice, and ensuring representation and visibility of all groups; and Sustainability, promoting wise, impactful, and responsive growth

A Strategic Framework has been developed to guide our work for the next five years. Titled Creative Impact: The Arts & the California Challenge, the framework encompasses several aspects, including a new mission, vision, and values statements; a racial equity statement; a decision support tool; and a set of aspirations for potential future actions of the Council and agency. To learn more about the CAC, visit our website.

https://www.artsincorrections.org/history/ https://www.artsincorrections.org/history/ http://arts.ca.gov/aboutus/strategicframework.php http://arts.ca.gov/

RFP 2024-00 Page 5

V. Scope of Work Coordinating Organizations are responsible for the creation and the implementation of programs in a variety of artistic disciplines including but not limited to cultural practices, design, literary, media, multidisciplinary, performing, traditional, and visual arts. These programs are carried out by Arts Providers inside CDCR facilities for people experiencing incarceration. Coordinating Organizations and Arts Providers are responsible for working with CDCR staff at the institutions, identifying potential Participants, and coordinating with CDCR to find appropriate space(s) for their AIC programs.

Coordinating Organizations may utilize employees of the organization, independent contractors, or a combination of both for the Arts Providers.

VI. Institutions For this RFP, proposers will submit proposals by Adult Institution based on this map.

Proposers are strongly encouraged to submit programs based on the state’s needs listed in APPENDIX 2. Proposals that match the Community Resource Manager’s request OR is accompanied with a letter of approval from CDCR staff will receive a higher score (see Scoring Criteria for more details).

Proposers are expected to provide ongoing programming throughout the duration of the contract in the institution they are contracted for. Note that space availability is subject to change and Proposers must be flexible to location changes within the institution. Proposers should also allow for flexibility with unexpected delays in entering an institution and understand that if an institution enters modified programming (the institution shuts down) due to rising COVID-19 cases, or other health and safety protocols, they will be expected to modify their program to a distance program.

Proposers who are new to the AIC program should allow at least three months for mandatory trainings and institution clearances before beginning any workshops.

Proposers who currently provide arts programming or have been awarded an Innovative Programming Grant and/or Long-Term Programming Grant by CDCR for arts programming may apply for the same institutions for which they were previously awarded a CDCR grant if the program proposed for this RFP is different from the CDCR grant. Proposers are ineligible if their organization has received grant funds or a contract from the CAC for CDCR-related projects with program dates that overlap with this RFP’s program dates.

For information about CDCR facilities, visit the CDCR Facility Locator Map webpage.

https://www.cdcr.ca.gov/bph/divisions/severe-mental-health-disorder/mdo-evaluators/map-of-californias-correctional-and-rehabilitation-institutions/ http://www.cdcr.ca.gov/Facilities_Locator/

RFP 2024-00 Page 6

VII. Expected Competence and Minimum Qualifications Proposers should review, understand, and meet the expectations and minimum qualifications of Coordinating Organizations below before submitting a proposal.

Coordinating Organizations must:

• Be a California-based nonprofit, arts and/or cultural organization, or unit of government, or other entity that can coordinate the appropriate personnel for the AIC program.

• Must demonstrate ability to conduct high-quality participatory arts and cultural educational programs.

• Fiscal Sponsors are permitted if they meet the guidelines in the policy.

• If the applicant is a multi-state organization with headquarters in another state, the applicant must have physical offices in California and currently provide services to California residents.

• Demonstrate the ability to administer the program efficiently and effectively to meet program outcomes. Additionally, administrative personnel must have at least five (5) years of administrative experience within the last ten (10) years.

• Demonstrate the ability to provide and/or coordinate access to training for personnel.

• Demonstrate the ability to collect and provide program information/data to CDCR and the CAC as required.

• Demonstrate experience with providing high-quality programming to individuals who are incarcerated at the state or local level, or experience in providing participatory arts programming in State of CA correctional settings.

• Demonstrate the ability to provide qualified Arts Providers who can deliver services within CDCR institutions. Proposer should factor in probation/parole timeframe or other issues that could potentially jeopardize the Arts Provider's ability to provide services within institutions.

• Arts Providers must have:

o Actively participated in their art practice for at least three (3) years.

o Provided arts services in correctional or comparable settings for at least one (1) year.

VIII. Deliverables The Coordinating Organizations resulting from this RFP will:

• Provide high-quality arts programming to participants in CDCR institutions based on the scope of work and the Proposer application.

• Collect and provide AIC programming information on a regular basis to CAC and CDCR, as needed, this may include attendance data.

• Provide culturally competent, equitable, and inclusive AIC programming. For more information about cultural equity and inclusion, go to Section 3, Attachment 1, Part I: Cultural Competency, Equity, and Inclusion, starting on page 5.

https://arts.ca.gov/grants/faq/#FiscSpon https://arts.ca.gov/grants/faq/#FiscSpon

RFP 2024-00 Page 7

• Additionally, Coordinating Organizations will participate in regular Monthly Meetings facilitated by CAC.

IX. Key Action Dates*

EVENT DATE TIME

RFP Available to Prospective Proposers

Tuesday, September 17, 2024 5:00 PM

Optional RFP Webinar Friday, September 27, 2024 Tuesday, October 1, 2024

12:00 to 1:00 PM

RFP Questions Due Monday, September 30, 2024 Wednesday, October 2, 2024

5:00 PM

Responses to RFP Questions (Posted Online)

Thursday, October 3, 2024 Friday, October 4, 2024

5:00 PM

Proposal Submissions Due Monday, October 14, 2024 11:59 PM

Awards Posted Friday, October 18, 2024 Monday, October 21, 2024

5:00 PM

*The dates/times for these events are subject to change

A. Questions about the RFP Submit questions to the Arts in Corrections analyst, Jonathan.estrada@arts.ca.gov referring to the Key Action Dates. Due to the state competitive bidding process, responses to all questions will only be answered via a public document. No questions regarding the RFP will be answered in-person, over the phone, or through private email message.

B. Optional Webinar The CAC will conduct a webinar on this RFP for the Proposers on September 27, 2024 October 1, 2024, from 12:00 PM to 1:00 PM. Interested parties must register online for the webinar. If you are unable to attend the webinar, you may submit question by the deadlines outlined in the Key Action dates. The webinar will be recorded and published online.

C. Work Schedule Requirements The CAC anticipates that the work related to this RFP will start November 1, 2024.

The actual start date is contingent upon approval of an awarded contract resulting from this RFP by the California Department of General Services, Office of Legal Services. The timeline will be developed between the CAC and the Coordinating Organization once the award of this contract has been finalized.

Post-contract award revisions to the program and timelines are subject to approval by the CAC.

http://www.artsincorrections.org/ https://us06web.zoom.us/webinar/register/WN__3-266gVQqOqVdvzNJPHmw https://us06web.zoom.us/webinar/register/WN__3-266gVQqOqVdvzNJPHmw

RFP 2024-00 Page 8

X. Additional Submission Notes and Requirements Submission instruction and requirements are provided in APPENDIX 3. This section includes additional requirements not outlined in that section.

1. The legal name of the Proposer must be provided, if the proposal is made under a fictitious name, business title or abbreviated name.

2. 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.

3. The State may reject any or all proposals. A proposal may be rejected if it is incomplete, submitted late, or proposes programming that is in violation of CAC or CDCR policy.

4. A Proposer may withdraw its proposal by submitting a written withdrawal request to the State, signed by the Proposer or an authorized agent. A Proposer may thereafter submit a new proposal prior to the proposal submission deadline. This is also the process by which a Proposer may modify a submitted proposal.

Proposal modifications offered in any other manner, oral or written, will not be considered.

5. The awarding agency 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.

6. The CAC is not required to award a contract. The CAC reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received and to accept all or any portion of a proposal, if deemed in the best interest of the States and not contrary to law. CAC’s waiver of any immaterial deviation or defect will in no way modify the RFP documents or excuse the contractor from full compliance with the RFP specification, if awarded the contract.

7. 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.

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

Coordinating Organization. A proposal with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

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

10. The proposer should carefully examine the institutions they are submitting proposals for. No additions or increases to the agreement amount will be made

RFP 2024-00 Page 9 due to a lack of careful examination of the proposed locations or programming they are proposing to provide.

11. In the event of a tie, the proposed winner will be determined by a coin toss, per the State Contractors Manual, Sec 5.45 Tie breaks will be witnessed, and Proposers may attend to witness the tiebreak process by contacting the contract analyst noted on the cover page of this RFP.

12. If, after the proposal submission deadline, it is discovered the posting of the Notice of Intent to Award will be delayed, CAC reserves the right to issue an Administrative Bulletin to all firms and individuals that submitted a proposal. The correction notice will announce an alternate Notice of Intent to Award posting date, alternate Appeal Deadline, and or alternate Contract Award Date. This information will be posted on Cal eProcure.

13. CAC reserves the right to deem a proposal non-responsive/non-responsible if the amount bid for any budget period or the grand total bid amount exceeds CAC’s stated funding limit(s) for any budget period or total anticipated funding as cited in the cover letter that accompanied the RFP.

14. CAC reserves the right not to review a proposal response or make a contract award in the amount bid for any budget period or the grand total bid amount exceeds CAC’s stated funding limit(s) for any budget period or total anticipated funding as cited in the cover letter that accompanied the RFP.

15. CAC reserves the right to deem a proposal non-responsive if a proposer rejects any task, activity, and/or function as required in the Contract or exhibit. Upon execution of the Contract the proposer may not assert that any part, section and/or language in their Proposal rejects a task, activity and/or function.

16. If CAC contacts a Proposer to request clarification or completion of a required attachment and/or exhibit, the Proposer shall have 48-hours to respond to CAC’s request electronically. If requested documentation is not received within the specified timeframes, CAC may deem the proposal to be non-responsive.

XI. Proposal Evaluation Process At the time of proposal opening, each proposal will be checked for the presence or absence of required information in compliance with the submission requirements of this RFP.

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

Multiple contracts are expected to be awarded through the RFP process, with the highest-scored and responsive proposal selected first, then the next highest

RFP 2024-00 Page 10 scored responsible proposal, and so on until at least one proposal to serve each institution is awarded or the budget is exhausted. The CAC may award contracts only to the highest scored and responsive proposal. As noted in the State Contracting Manual in section 5.85, “In certain limited circumstances, agencies may develop multi-vendor awards, provided the awards still follow the PCC methodology.”

XII. Proposal Evaluation Due to the specific experience needed by the Coordinating Organization to fulfill the RFP, the point system set to evaluate proposals is defined in this RFP and follows the evaluation and selection procedure set forth in the Public Contract Code §10344

(c) .

The point matrix for the scoring criteria is as follows:

SCORING CRITERIA

MAXIMUM

POSSIBLE

POINTS

Section 1: Proposer Information 15 Section 2: Proposed Institution Experience in the Proposed Institution or Incarcerated Settings 10

Project Plan 20 Proposed program adheres to institution requests in Appendix 2 OR is accompanied with a letter of approval from CDCR staff

Qualifications of Art Provider(s) 10

Budget Table is complete with budget notes and demonstrates reasonable resource allocation 10

Additional Criteria Cost Points 30

TOTAL POSSIBLE POINTS 100

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

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

RFP 2024-00 Page 11

The following point scale will be used to score the responses to each criterion except for the cost.

PERCENT OF MAXIMUM POINTS ALLOTTED TO CRITERION

100 to 91% of the points will be given for responses that exceed the expectations of the criteria backed by a clear, detailed submission that demonstrates that the Proposer has experience that includes both comparable programs and tangential projects.

Proposer demonstrates they can provide unusual or exemplary performances that will benefit the AIC program and will deliver the required program outcomes.

90 to 81% of the points will be given for responses that meet the expectations of the criteria backed by an adequate clear, detailed submission that demonstrates that the Proposer has performed all the specific duties required by the AIC program and is very likely to deliver the required program outcomes.

80 to 61% of the points will be given for responses that meet some of the expectations backed by a clear, detailed submission that demonstrates the Proposer has performed at least some of the specific duties required by the AIC program and is likely to deliver the required program outcomes.

60 to 26% of the points will be given for responses that meet few of the expectations of the criteria. Responses are not always clear and detailed. The Proposer demonstrates they may have the ability and capacity to develop the AIC program.

They demonstrate that they may leverage experiences to deliver some of the program outcomes.

25 to 1% of the points will be given for responses that hint at the Proposer’s ability to meet the criteria but leave panelists with multiple questions about their ability to leverage their experience to meet program outcomes.

0% of the points will be given for responses that do not demonstrate the Proposer’s ability to meet the criterion due to a lack of a clear, detailed response.

A. Cost of Proposal

This section is for information purposes only and does not require any action on behalf of the Proposer.

Cost Points of the proposal are a maximum of 30 points and are adjusted. It is measured by the grand total (the sum of all costs, including administrative, oversight, management, travel, artists’ fees, etc.) of the proposed budget divided by the total number of instruction hours led by both Arts Providers and Guest Artists.

RFP 2024-00 Page 12

The lowest cost proposal is awarded the maximum cost points. Other proposals are awarded cost points based on the following calculation:

Lowest Proposer’s Cost/Other Proposal = (factor) X maximum cost points = cost points for the Other Proposal

EXAMPLE with 30 cost points available

Proposal 1 = $350 per Instruction Hour

Proposal 2 = $222 per Instruction Hour

Proposal 3 = $139 per Instruction Hour (Lowest Cost)

Proposal 3 = 30 cost points

Proposal 1 = ($139/$350) = 0.397 X 30 = 11.91 cost points awarded

Proposal 2 = ($139/$222) = 0.626 X 30 = 18.78 cost points awarded

Note: The proposal with the lowest adjusted cost per instruction hour will be scored higher than another submitted with a higher adjusted cost per teaching hour. However, Proposers should not under-budget their proposed program to avoid jeopardizing the efficiency and quality of the program if awarded a contract.

XIII. Award and Protests A. Notice of the proposed award shall be posted online and in a public place in the office of the CAC at 2750 Gateway Oaks Drive, Suite 300, Sacramento, CA 95833 for five (5) working days prior to awarding the agreement.

B. If any Proposer, prior to the award of agreement, files a protest with the CAC and the Department of General Services (DGS), Office of Legal Services (OLS), 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605, OLSProtests@dgs.ca.gov , the agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter. It is suggested that you submit any protest by certified or registered mail.

As set forth in Public Contract Code §10345 (b) (2), grounds for protest are limited to the following:

https://arts.ca.gov/press-release/new-arts-in-corrections-funding-opportunities-coming-april-21/ mailto:OLSProtests@dgs.ca.gov https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC&sectionNum=10345.

RFP 2024-00 Page 13

a. The state agency failed to follow the procedures specified in either subdivision

(b) or (c) of Section 10344.

b. The state agency failed to correctly apply the standards for reviewing the format requirements or evaluating the proposals as specified in the request for proposal.

c. The state agency used the evaluation and selection procedure in subdivision (b) of Section 10344, but is proposing to award the contract to a bidder other than the lowest responsible bidder.

d. The state agency used the evaluation and selection procedure in subdivision (c) of Section 10344, but failed to follow the methods for evaluating and scoring the proposals specified in the request for proposal.

e. The state agency used the evaluation and selection procedure in subdivision (c) of Section 10344, but is proposing to award the contract to a bidder other than the bidder given the highest score by the state agency evaluation committee.

As noted above in section XII, Proposal Evaluation, the CAC is using the evaluation and selection procedure in subdivision (c) of PCC Section 10344 for this RFP.

C. Within five (5) days after filing the initial protest, the protesting Proposer shall file with the DGS -OLS and the CAC a detailed statement specifying the grounds for the protest.

A copy of the detailed written protest should be mailed to the CAC, Arts in Corrections, Jonathan Estrada, 2750 Gateway Oaks Drive, Suite 300, Sacramento, CA 95833 or emailed to Jonathan.estrada@arts.ca.gov

XIV. Disposition of Proposals 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 6250 et seq.)

and subject to review by the public.

XV. Agreement Execution and Performance Performance shall start on a date set by the awarding agency and the Coordinating Organization, after all approvals have been obtained and the agreement is fully executed. Should the Coordinating Organization fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Coordinating Organization, reserves the right to terminate the agreement. In addition, the Coordinating Organization shall be liable to the State for the difference between Coordinating Organization's Proposal price and the actual cost of performing work by another Coordinating Organization.

RFP 2024-00 Page 14

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

XVI. Preference Programs A. Disabled Veterans Business Enterprise The Disabled Veterans Business Enterprise Participation Program does not apply to this bid.

B. Small Business Preference Certified, responsive, and responsible Proposers with a State of California Small Business designation will receive an additional 5% of the total points awarded to the highest scored responsive and responsible non-small business bidder (per State Contracts Manual Volume 1, Chapter 8, Section 8.2). A bidder may claim the Small Business and/or Micro Business preference if the bidder submits a complete application and is approved for certification by DGS/OSDS by the proposal due date.

Please note: All Small Business contractors, subcontractors and suppliers that submit a bid must perform a Commercially Useful Function (CUF). Therefore, if you are using the SB preference to apply, you must visit the website first and:

• Review the requirements of a business performing a CUF.

• Submit page one of the CUF Evaluation and Determination Worksheet for all certified Small Businesses included in your proposal.

C. Non-Small Business Subcontractor Preference A 5% bid preference is now available to all non-small businesses claiming 25% State-certified Small Business subcontractor participation.

Please note: All Small Business subcontractors must perform a Commercially Useful Function (CUF). Therefore, if you are using the NSBS preference to apply, you must visit the website first and:

• Review the requirements of a business performing a CUF.

• Submit page one of the CUF Evaluation and Determination Worksheet for all certified Small Business subcontractors included in your proposal.

D. Nonprofit Veteran Service Agencies While the CAC does not anticipate qualifying organizations to be interested in this opportunity, as we are not looking for services for veterans, you may be eligible to be certified by the State as a Nonprofit Veteran Service Agency. This certification entitles qualifying organizations to Small Business certification benefits. Please review eligibility requirements at the above link.

Nonprofit organizations are not eligible for Small Business certification because the applicant business must be a for-profit business and owned by one or more individuals and/or businesses.

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Apply-for-or-Renew-Nonprofit-Veteran-Service-Agency-Certification

RFP 2024-00 Page 15

XVII. Standard Agreement (STD 213) Standard Agreement (STD 213) is for reference only. A sample of the Standard Agreement (STD 213) can be viewed under “Forms.” It does not need to be filled out and submitted at this time.

All agreements entered into with the State of California will include by reference General Terms and Conditions referred to in STD 213, and Contractor Certification Clauses that may be viewed and downloaded on the Department of General Services website (see “Standard Contract Language”).

XVIII. Bidder Instructions All bidders must review GSDP-451, Bidder Instructions, prior to submitting a proposal.

XIX. Required Attachment Checklist Refer to APPENDIX 3 to review the required items and to complete the RFP proposal.

https://www.dgs.ca.gov/OLS/Forms https://www.dgs.ca.gov/OLS/Forms https://www.dgs.ca.gov/ https://www.dgs.ca.gov/ https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/GSPD0451.pdf

RFP 2024-00 Page 16

APPENDIX 1: Glossary of Terms

Arts Providers are individuals highly skilled and trained in their artistic discipline and are experienced teaching artists that lead the arts program.

Class(es), in the California Arts Council’s (CAC) Arts in Corrections (AIC), are the singular units within a workshop where a group of Participants are taught together.

Coordinating Organizations are nonprofit arts organizations, arts-related units of government, or other entities currently contracted with the CAC to implement AIC programming.

Cultural Practices are often rooted in and reflective of the cultural life of a community.

Community members may share a common ethnic heritage, beliefs, language, religion, occupation, or geographic region. Some examples include African American storytelling, Chicano Poetry, Mexican Jarocho music, Native American beadwork, quilting, etc.

Literary Arts include all bodies of written work such as creative writing, fiction and nonfiction writing, graphic novels, journalism, manuscripts, poetry, and literary translation.

Media Arts refers to artworks created with new media technologies, includes projects presented via film, television, radio, audio, video, video games, and immersive and multiplatform storytelling.

Multidisciplinary Arts may include multiple disciplines, combine and/or integrate art forms, explore boundaries between art disciplines, fuse or transcend art disciplines, and look to new forms of expression.

Participants are individuals currently incarcerated in CDCR institutions that are or will be participating in an art program coordinated by an AIC Coordinating Organization.

Performing Arts may include dance, music, opera, theatre, and musical theatre (including playwriting and screenplays), magic, illusion, mime, spoken word, puppetry, circus arts, and performance art.

Programs, in the CAC’s AIC, are defined as a series of different workshops that follow the same plan.

RFP 2024-00 Page 17

Restorative Justice is a process to involve, to the extent possible, those who have a stake in a specific offense and to collectively identify and address harms, needs and obligations, to heal and put things as right as possible.3

RFP Proposers are nonprofit arts organizations, arts-related units of government, or other entities that wish to submit or are submitting a proposal to a Request for Proposal

(RFP).

Systemic Racism is how racism shows up in our lives across institutions and society.4

Transformative Justice is a practice that recognizes oppression is at the root of all forms of harm, abuse, and assault. As a practice it therefore aims to address and confront those oppressions on all levels and treats this concept as an integral part to accountability and healing.5

Visual Arts may include painting, sculpture, photography, printmaking, drawing, craft, and mural art—that demonstrates an aesthetic investigation and meaningful community engagement.

Workshops, in the CAC’s AIC, are defined as a series of art classes that comprise a program.

Institution Definitions

Enhanced Outpatient Program (EOP) provides care to patients diagnosed with a mental illness who would benefit from the structure of a therapeutic environment that is less restrictive than inpatient settings. These patients do not require continuous nursing care. Often, they are transitioning from inpatient care, or may also have a serious long-term mental illness.

General Population (GP) prison facilities house individuals not assigned to segregated housing, Enhanced Outpatient or Sensitive Needs Yard programs; that are not Reception Centers; and that do not house condemned individuals or those with inpatient medical needs.

Lifers are people sentenced to a life term. Individuals sentenced with the possibility of parole cannot be released on parole until the Board of Parole Hearings (BPH)

3 The definition of Restorative Justice was obtained from https://transformharm.org/restorative-justice/ on August 28, 2020.

4 The definition of Systemic Racism was obtained from https://www.raceforward.org/videos/systemic-racism on August 28, 2020. You can learn more about systemic racism by watching the 8-part video series by Race Forward.

5 The definition of Transformative Justice was obtained from https://transformharm.org/transformative-justice/ on August 28, 2020.

https://transformharm.org/restorative-justice/ https://www.raceforward.org/videos/systemic-racism https://www.raceforward.org/videos/systemic-racism https://transformharm.org/transformative-justice/ https://transformharm.org/transformative-justice/

RFP 2024-00 Page 18 determines that they are ready to be returned to society. Individuals sentenced to life without the possibility of parole do not receive BPH review.

Mainline are prisons, or facilities within prisons, that are not Reception Centers (where individuals go when they arrive at state prison to go through the classification and institution placement process).

Reception Center is the process every person to be incarcerated must go through upon arrival to state prison to determine their programming and medical needs, security level and where they will be housed. This could take up to 120 days.

Security Levels

• Level I - Facilities and Camps consist primarily of open dormitories with a low security perimeter.

• Level II - Facilities consist primarily of open dormitories with a secure perimeter, which may include armed coverage.

• Level III - Facilities primarily have a secure perimeter with armed coverage and housing units with cells adjacent to exterior walls.

• Level IV - Facilities have a secure perimeter with internal and external armed coverage and housing units or cell block housing with cells non-adjacent to exterior walls.

Segregated Housing are more restrictive units that house individuals who have been removed from the General Population and are awaiting decisions as to whether they will be returned to the General Population, transferred to another facility, or assigned to a long-term segregation unit. Individuals may be segregated for disciplinary or for safety and security reasons.

Self-Help Sponsors are non-custody staff members who, in addition to their duties in their regular work assignment, act as program facilitators for individuals who voluntarily participate in rehabilitative programs. Sponsors supervise, assist and guide individuals in group activities, help organize events and liaison between prison administrations and the program Participants and instructors.

Sensitive Needs Yards (SNY) often referred to as “soft yards,” house individuals with safety concerns in settings like, but separate from, a General Population facility.

RFP 2024-00 Page 19 of 45

APPENDIX 2: Institutions

Institution Map link

Please note the following: In-person programming is expected of all Proposers when institution is open. In the case the institution is on modified programming due to the COVID-19 pandemic, contractors are expected to provide modified programming in the form of in-cell/homework packets or videos. If there is another form of distance programming available, it will be noted. See each institution for the types of programming they are requesting.

State of CA Adult Facility

Cultural Practices

Design Literary Arts Media Arts Multidisci plinary Arts

Performin g Arts

Traditional Arts

Visual Arts

ASP

Yes Yes N/A Yes N/A N/A

Yes.

Particularly improv. N/A Yes

CAC No response No response No response

No response

No response

No response

No response

No response

CAL Yes Yes Yes Yes Yes Yes Yes Yes

CCC

CEN

No response No response No response

No response

No response

No response

No response

No response

CCI

No response No response No response

No response

No response

No response

No response

No response

CHCF

No drumming N/A N/A N/A N/A

No drumming

No drumming N/A

CIM* Yes Yes Yes Yes Yes Yes Yes Yes

CIW*

Yes Yes N/A Yes N/A N/A Yes

Yes - Dance, choir, piano, vocal, song production ,etc Yes N/A Yes

CMF N/A N/A N/A Yes Yes Yes Yes Yes

CMC

No response No response No response

No response

No response

No response

No response

No response

CRC

No response No response No response

No response

No response

No response

No response

No response

COR Yes Yes Yes Yes Yes Yes Yes Yes

LAC

No response No response No response

No response

No response

No response

No response

No response https://www.cdcr.ca.gov/bph/divisions/severe-mental-health-disorder/mdo-evaluators/map-of-californias-correctional-and-rehabilitation-institutions/ https://www.cdcr.ca.gov/bph/divisions/severe-mental-health-disorder/mdo-evaluators/map-of-californias-correctional-and-rehabilitation-institutions/

RFP 2024-00 Page 20 of 45

SAC

No response No response No response

No response

No response

No response

No response

No response

SATF Yes Yes yes Yes Yes Yes Yes Yes

CCWF

No response N/A

No response N/A

No response N/A

No response N/A

No response N/A

No response Yes

No response N/A

No response N/A

CVSP

No response No response No response

No response

No response

No response

No response

No response

CTF Yes - Native American

Yes-Manual arichitectural drafting for structures/int eriors Yes

Yes-Video editing would be amazing Yes

Yes - Theatre and Carribean drumming Yes Yes

FSP

No response No response No response

No response

No response

No response

No response

No response

HDSP

N/A N/A Yes N/A N/A

Yes - Guitar and choir N/A N/A

ISP

Yes Yes Yes Yes Yes

Yes - No drumming Yes Yes

KVSP N/A Yes Yes Yes N/A N/A Yes Yes

MCSP

No response No response No response

No response

No response

No response

No response

No response

NKSP

No response Yes

No response N/A

No response N/A

No response N/A

No response N/A

No response N/A

No response Yes

No response Yes

PBSP

No response No response No response

No response

No response

No response

No response

No response

PVSP

No response N/A

No response N/A

No response

YES-CREATIVE

WRITING

YES-

PODCASTI

NG

No response N/A

No response N/A

No response N/A

No response N/A

RJD

No response No response No response

No response

No response

No response

No response

No response

SVSP

No response No response No response

No response

No response

No response

No response

No response

SQ N/A Yes N/A N/A N/A Yes N/A Yes

SCC

No response No response No response

No response

No response

No response

No response

No response

VSP

No response No response No response

No response

No response

No response

No response

No response

WSP

No response No response No response

No response

No response

No response

No response response

RFP 2024-00 Page 21 of 45

SOL

response No response No response

No response

No response

No response

No response response

*CIM has limited space to expand programming. *CIW has limited space to expand programming.

APPENDIX 3: Submission Instructions and Proposal Template

Submission Instructions

A complete RFP proposal must contain the following:

• Required Attachment Checklist

RFP 2024-00 Page 22 of 45

• Section 1: Proposer Information

• Section 2: Proposed Institution

• Section 3: Additional RFP Documents

If a proposal does not contain all the required sections and attachments, the proposal does not meet the basic proposal requirements and it may be rejected.

As you write your proposals, make sure to keep your responses straightforward and provide concise descriptions of your ability to satisfy the scope of work of this RFP. We recommend avoiding misleading statements that may misguide the panel reviewers as they evaluate your proposal.

As noted in the list above, the Required Attachment Checklist is a required element of the RFP. It ensures that your organization has submitted all the necessary documents.

In Section 1, you will complete all the prompts about your organization.

Section 2 must be completed for each institution. Each Section 2 template must contain a budget table.

Section 3 contains seven (7) required attachments, one (1) optional attachment, and any optional supporting documents. Make sure to read through every attachment in this section because some attachments require additional actions, such as filling out a form and/or require signatures. After you have read Section 3, you must print this entire section and add any required signatures. Original “wet” signatures, not electronic, are required by the person who is authorized to bind your organization in a contract.

Once you have completed all three sections outlined above, you are ready to scan any forms that require a wet signature, compile all required documents into a single zip file, and submit the RFP proposal.

Submitting Your Proposal

Please read these submission instructions carefully. Failure to follow these instructions may result in proposals not being received in a timely manner and may not be accepted.

1. Proposal must be checked for accuracy and completeness. Accuracy helps evaluators better understand your responses, which improves your organization’s chances at getting a higher score.

a. Review your completed Section 1 and 2 templates for accuracy and completeness.

i. Have you responded to all the prompts in the section?

ii. Have you completed a Section 2 template for every institution you wish to bid for? Does each Section 2 include a budget table?

b. Review all the attachments you completed for Section 3.

i. Did you follow all the instructions for each attachment?

RFP 2024-00 Page 23 of 45

ii. Are the attachments filled out completely and/or contain any required wet signatures signed by a person who is authorized to bind the proposing firm?

2. Create a digital copy of your RFP Proposal and label your digital files correctly. Only ONE file attachment is allowed and must be in the form of a compressed zip file with a file limit of 150 MB. Label all your files according to the instruction in the table below.

Template Name File type Label's Content Label Example

Required Attachment Checklist

PDF

Organization name, Checklist, and a PDF file type

ABC Arts_Checklist.pdf

Section 1 & 2 Template PDF Organization name, Section

1-2, and a PDF file type ABC Arts_Sec 1.pdf

Budget Table Excel Organization name, Section 2, Institution #, budget, and an Excel file extension

ABC Arts_Sec 2_Institution 16_Budget.xlsx

Work and Artist Samples PDF*

Organization name, Artist last name, number file, and a PDF file type

ABC Arts_Lopez001.pdf

Section 3: Additional RFP Documents If attachments are scanned into a single file.

PDF Organization name, Section 3, and a PDF file extension ABC Arts_Sec 3.pdf

If attachments are separate files

PDF

Organization name, Section 3, Attachment Number, and a PDF file extension

ABC Arts_Sec 3_A1.pdf

*Your video and music samples may be submitted as links in a PDF document, but make sure links are not broken.

3. Prepare your submission e-mail. Subject line will include your organization name and the RFP number. Proposals not submitted with the correct subject line may be rejected.

Example:

Subject: ABC Arts, AIC RFP 2024-00

4. E-Mail your proposal as a zip file to RFP@arts.ca.gov by October 14, 2024 at 11:59 PM. Proposals received after this date and time will not be considered.

RFP 2024-00 Page 24 of 45

5. Congratulations, you have submitted your proposal for AIC RFP 2024-00!

RFP 2024 Submission Template Page 1

Required Attachment Checklist

A complete proposal submission will consist of all the required items identified below, including this checklist. Complete this checklist to confirm the items in your proposal packet. Place a check mark or “X” next to each item that you are submitting.

☐ Required Attachment Checklist (cover sheet)

Proposal Submission Template ☐Section 1: Proposer Information

Section 2:

☐ Proposed Institution

☐ Budget Table for Each Proposed Program

Section 3: Additional RFP Documents ☐ Attachment 1: Additional Contractor Responsibilities ☐ Attachment 2: Proposer References ☐ Attachment 3: Proposal/Proposer Certification ☐ Attachment 4: Payee Data Record (STD 204) ☐ Attachment 5: Contractor’s Certification Clauses ☐ Attachment 6: Darfur Contracting Act ☐ Attachment 7: Bidder Declaration ☐ Attachment 8: GenAI Disclosure ☐ Attachment 9: Small Business/Micro Business Certification Letter (Optional) ☐ Attachment 10: Supporting documentation (Optional)

Compressed ZIP File

☐ Digital copy of the RFP Proposal (PDF document) ☐ Digital copy of the Budget (Excel spreadsheet) ☐ Work and Artist Sample(s)

RFP 2024 Submission Template Page 2

SECTION 1: PROPOSER INFORMATION

1. Organization Name: Click or tap here to enter text.

2. Proposal Contact Name: Click or tap here to enter text.

Title: Click or tap here to enter text.

Phone: Click or tap here to enter text.

Email: Click or tap here to enter text.

3. Are you a certified Small Business? ☐ Yes ☐ No If you are a small business, refer to Section 3 (Attachment 8) for more information.

4. Is your organization fiscally sponsored? ☐ Yes ☐ No If your organization is fiscally…

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